(A) Planning Board creation. A Town Planning Board is hereby created under the authority of the G.S. § 160-A-361.
(Prior Code, § 11.1.01)
(B) Composition and vacancies. The Planning Board, hereinafter referred to as the "Board", will consist of eight members, citizens of the town who shall be appointed by the Town Council. Two members shall be appointed for a term of four years, two members shall be appointed for a term of three years. Two members shall be appointed for a term of two years and two members shall be appointed for a term of one year. As the terms of these members expire, new appointments for terms of four years shall be made. Vacancies, occurring for reasons other than expiration of terms, shall be filled as they occur by the Town Council for the period of the unexpired term. Faithful attendance of the meetings of the Board is considered a prerequisite for the maintenance of membership on the Board.
(Prior Code, § 11.1.02)
(C) Organization, rules, meetings and records. Within 30 days after appointment, the Board shall meet and elect a Chairperson and create and fill offices as it may determine. The term of the Chairperson and other officers shall be one year with eligibility for re-election. The Board shall adopt rules for transaction of business and shall keep a record of its members' attendance and of its resolutions, discussions, findings and recommendations, which record shall be a public record. The Board shall hold at least one meeting monthly, and all of its meetings shall be open to the public.
(Prior Code, § 11.1.03)
(D) Removal of members. Members of the Board may, after a public hearing, be removed by the Town Council for inefficiency, neglect of duty or malfeasance in office.
(Prior Code, § 11.1.04)
(E) Compensation. All members of the Board shall serve without compensation.
(Prior Code, § 11.1.05)
(F) Expenditures, incurring indebtedness, donations. The expenditures of the Board, exclusive of gifts or grants, shall be within the amounts appropriated for the purpose by the Town Council and no indebtedness for which the town shall be contracted or incurred by the Board unless an appropriation is made by the Town Council for that purpose, as authorized by law, and then only to the extent of the appropriation. The Board shall have the right to accept grants and donations for the exercise of its functions and may expend the money received from the gifts and donations in a manner, which, in the judgment of the Board, is consistent with the best interest of the planning program.
(Prior Code, § 11.1.06)
(G) Powers and duties.
(1) Studies. The Board shall make careful studies of present conditions and the probable future development of the town and its environs. The studies may include, but not be limited to, land use surveys; population studies; economic base studies; school, park and recreation studies; traffic and parking studies and urban renewal studies.
(2) Plans. The Board shall prepare and from time to time amend and revise a Comprehensive Plan of the town and its environs for the purpose of achieving a coordinated, adjusted and harmonious development of the municipality which would promote, in accordance with present and future needs, the safety, morals, order, convenience, prosperity and general welfare of its citizens; efficiency and economy in the process of development, convenience of traffic; safety from fire and other dangers; adequate light and air; healthful and convenient distribution of population; provision of adequate open spaces; good civic design and arrangement; wise and efficient expenditures of public funds; adequate provision for public utilities; and for other matters pertaining to the public requirements. The Board shall prepare and recommend to the Town Council ordinances promoting orderly development along the lines indicated in the Comprehensive Plan. The Comprehensive Plan shall consist of a number of parts which may include, but not be limited to, the following: a land use plan, a major thoroughfare plan, a utilities plan, a plan for economic development, a recreation plan, a community facilities plan and school plan.
(3) Zoning. The Board is, also, hereby designated to do zoning planning for the town and shall prepare a zoning ordinance to govern the use of buildings and premises which ordinances shall be submitted to the Town Council for its consideration and possible adoption. After the adoption of a zoning ordinance by the Town Council, no change, alteration or amendment of the ordinance shall be made until the change, alteration or amendment shall have been submitted to the Board for its recommendation. A majority vote by not less than four-fifths of the entire membership of the Town Council will be required to overrule an unfavorable recommendation by the Planning Board. Failure of the Board to act within 30 days after submission shall constitute approval of the proposed change, alteration or amendment.
(4) Subdivision regulations. The Board may prepare subdivision regulations governing the subdivision of land within the town and its environs to be submitted to the Town Council for its consideration and possible adoption. Upon adoption of the regulations, the Planning Board shall review and make recommendations to the Town Council concerning all proposed plats of land subdivision.
(5) Powers of review. The Board shall review and make recommendations to the Town Council upon the extent, location and design of all public structures and facilities, on the acquisition and disposal of public properties, on the opening, abandonment, widening, extension, narrowing and other change to streets and other public ways, on the construction, extension, expansion or abandonment of utilities whether publicly or privately owned. However, in the absence of a recommendation from the Board after the expiration of 30 days from the date on which the question has been submitted in writing to the Board, the Town Council may, if it deems wise, take final action.
(6) Annual report. The Board shall, not later than May 15 of each year, submit in writing to the Town Council a written report of its activities, analysis of the expenditures to date for the current fiscal year, proposed planning program for the next fiscal year, for review and approval and a proposed budget for the next fiscal year.
(7) Miscellaneous powers and duties. The Planning Board may conduct public hearings as may be required to gather information necessary for the drafting, establishment and maintenance of the Comprehensive Plan. Before adopting any plan, it shall hold one public hearing thereon. Members or employees of the Board, when duly authorized by the Planning Board may attend planning conferences or meetings of planning institutes or hearings upon pending planning legislation and the Planning Board may, by formal and affirmative vote, pay, within the Board's budget, the reasonable traveling expenses incident to the attendance.
(Prior Code, § 11.1.07)