(A) Appointment and terms of Planning Board.
(1) (a) There shall be a Planning and Zoning Commission, the Planning Board, consisting of six members and up to six alternative members made up of residents of the town and the town’s extra-territorial jurisdiction (ETJ).
(b) The number of members from each of the town and of the ETJ shall be determined, as prescribed by state law, by the proportion of the populations of each area.
(c) 1. Four members shall reside in the town, and said in-town members shall be appointed by the Board of Commissioners.
2. Two members shall reside within the town’s ETJ, and the ETJ members shall be appointed by the County Commissioners.
(d) If, despite good faith efforts, residents of the ETJ area cannot be found to fill the seats reserved for ETJ residents, then the Board of Commissioners may appoint other residents of the county (including residents of the town) to fill such seats.
(e) If the County Commissioners fail to make appointments within 90 days of receiving a resolution from the town requesting such appointments, then the town’s Board of Commissioners may make said appointments.
(2) (a) Each member of the Planning Board shall be appointed to a term of three years.
(b) Original appointments shall be made in the following manner:
1. One in-town member shall be appointed for one year;
2. Two in-town members shall be appointed for two years; and
3. One in-town member and one ETJ member shall be appointed for three years.
(c) Vacancies on the Planning Board shall be filled by appointment for the unexpired terms.
(d) Members may be appointed to unlimited successive terms.
(e) Prior to assuming duties, all members of the Planning Board shall take and subscribe to the oath of office required by officials of the town.
(f) Alternate members shall be appointed for three-year terms.
(3) The members of the Planning Board shall:
(a) Be persons of recognized experience and qualifications;
(b) Not hold any other official position; and
(c) Serve without compensation.
(4) (a) Planning Board members may be removed by the Board of Commissioners at any time for failure to attend four consecutive meetings within any 12-month period, or whose percentage of attendance over any period of 12 consecutive months is less than 60%, or for any other good cause related to performance of duties.
(b) Upon request of the member proposed for removal, the Board of Commissioners shall hold a hearing on the removal before said removal becomes effective.
(5) (a) One alternative member shall be selected by the Board of Commissioners.
(b) Alternate members shall serve in the absence of regular members, and shall have full voting powers when sitting at a meeting.
(6) (a) If an in-town member moves outside the town or if an ETJ member moves outside the ETJ, then such move shall constitute a resignation from the Planning Board.
(b) The effective date of said resignation shall be the date that a replacement member is appointed by the Board of Commissioners.
(B) Meetings of the Planning Board.
(1) The Planning Board shall meet regularly on the third Tuesday of each month.
(2) Since the Planning Board has only advisory authority, it need not conduct its meetings strictly in accordance with the quasi-judicial procedures set forth in this chapter; however, the Planning Board shall conduct its meetings so as to obtain necessary information, and to promote the full and free exchange of ideas.
(3) Minutes shall be kept of all Planning Board proceedings.
(4) All Planning Board meetings shall be open to the public, and whenever feasible, the agenda for each meeting shall be made available in advance of the meeting.
(5) Whenever the Planning Board is called upon to make recommendations concerning a conditional use permit request, special use permit request, or other request for a recommendation, the town’s planning staff shall notify the property owners, public, and interested parties as provided in § 152.136.
(C) Quorum and voting.
(1) A quorum for the purpose of convening the Planning Board for any official action shall consist of a minimum of four members.
(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.
(D) Planning Board officers.
(1) (a) At its first meeting in January of each year, the Planning Board shall, by majority vote of its membership (excluding vacant seats) elect one member to serve as Chairperson (to preside over the meetings), and one member to serve as Vice-Chairperson.
(b) The individuals designated as Chairperson and Vice-Chairperson shall serve in these capacities for terms of one year.
(c) Vacancies in these positions may be filled for the unexpired terms only by majority vote of the Planning Board (excluding vacant seats).
(2) The Chairperson and Vice-Chairperson shall take part in all deliberations, and shall vote on all issues.
(E) Powers and duties of Planning Board.
(1) The Planning Board may:
(a) Make studies and recommend to the Board of Commissioners plans, goals, and objectives relating to the growth, development, and redevelopment of the town;
(b) Develop and recommend to the Board of Commissioners policies, ordinances, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner;
(c) Make recommendations to the Board of Commissioners concerning proposed conditional use permits and proposed zoning map changes, as provided by §§ 152.051 and 152.567; and/or
(d) Make recommendations to the Land Use Administrator regarding minor subdivision approvals.
(2) The Planning Board may adopt rules and regulations governing its procedures and operations provided that such rules and regulations are not inconsistent with the provisions of this chapter.
(Ord. passed 12-20-2001)