(A) Established. There is hereby established a Planning Board for the city, subject to the terms and conditions of this chapter. The Board shall hereinafter be referred to as the “Planning Board”.
(B) Organization; rules and records. The Planning Board annually shall elect one of its members as Chairperson and create and fill the other offices as it may determine. The term of the Chairperson and other officers shall be one year, with eligibility for re-election. The Planning Board shall adopt rules for transactions of its business and shall keep record of its members’ attendance and of its resolutions, discussions, findings and recommendations, which record shall be a public record.
(1) A copy of the “Rules of Procedure for the Havelock Planning Board” shall be filed with the City Clerk and posted on the City’s website.
(C) Duties and responsibilities. As an appointed, advisory body, the Planning Board makes recommendations to the Board of Commissioners as generally authorized in this chapter. The Planning Board also has the following additional duties and responsibilities:
(1) Initiates studies to identify and analyze land use issues of importance to the city;
(2) Prepares and recommends to the Board of Commissioners a comprehensive land use plan and other plans, programs and policies to achieve community goals and objectives;
(3) Develops and recommends regulatory ordinances, text amendments and administrative procedures to implement adopted land use plans and policies;
(4) Makes recommendations to the Board of Commissioners concerning requests for amendments to the text, maps or other elements of the UDO;
(5) Initiates, from time to time, proposals for text or map amendments of the UDO, based on its regulatory reviews, planning studies and comprehensive plan. The Planning Board shall submit its recommendations for revision of the UDO, if any, to the Board of Commissioners;
(6) Holds public hearings and makes recommendations to the Board of Commissioners concerning requests for major site plan approvals;
(7) Holds public hearings and makes recommendations to the Board of Commissioners concerning proposed changes in the text of the UDO or to the zoning map, including, but not limited to, a general rezoning, or rezoning to a Conditional Zoning District in accordance with Chapter 160;
(8) Holds public hearings and makes recommendations to the Board of Commissioners concerning major subdivision plats in accordance with Chapter 158;
(9) Informs and advises the general public regarding planning and zoning matters through meetings, hearings, advertisements, publications and other appropriate methods of communication;
(10) Coordinates planning activities with other jurisdictions’ planning boards and commissions;
(11) Appoint advisory committees as it may deem necessary for its work, including special committees to assist it in the study of specific questions and problems. Members of the advisory committees shall sit as nonvoting members of the Planning Board when such issues are being considered and lend their talents, energies and expertise to the Planning Board. However, all formal recommendations to the Board of Commissioners shall be made by the Planning Board; and
(12) Performs any other duties assigned by the Board of Commissioners.
(D) Meetings.
(1) The Planning Board shall establish a regular meeting schedule, and meet frequently enough so that it can take action in conformity with the review procedures delineated in the UDO and in accordance with the adopted “Rules of Procedure for the Havelock Planning Board”.
(2) All Planning Board meetings shall be open to the public, and the agenda for each Board meeting shall be made available in advance of the meeting by posting on the City's website.
(E) Quorum and voting.
(1) A quorum for the Planning Board shall consist of a majority of the Board membership (excluding vacant seats). A quorum is necessary for the Planning Board to take official action.
(2) All actions of the Planning Board shall be taken by majority vote, a quorum being present.
(3) A roll call vote shall be taken upon the request of any member. Once a member is physically present at a Planning Board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with division (E)(4) below or has been allowed to withdraw from the meeting in accordance with division (E)(5) below.
(4) A member may be excused from voting on a particular issue by majority vote of the remaining members present under the following circumstances:
(a) If the member has a direct financial interest in the outcome of the matter at issue;
(b) If the matter at issue involves the member’s own official conduct;
(c) If participation in the matter might violate the letter or spirit of a member’s code of professional responsibility; or
(d) If a member has close personal ties to the applicant that the member cannot reasonably be expected to exercise sound judgment in the public interest.
(5) A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member’s desire to avoid voting on matters to be considered at that meeting.
(6) Extraterritorial members shall have equal rights, privileges and duties with the other members of the Planning Board regardless whether the matters at issue arise within the City or within its extraterritorial area.
(F) Conflicts of interest.
(1) A board member shall not vote any advisory or legislative decision regarding a development regulation adopted pursuant to G.S. Ch. 160D where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.
(2) A board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
(3) A board member shall not vote on any zoning amendment if the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)