(A) Appointment and terms.
(1) The Planning Commission shall consist of five regular members and one alternate who shall represent, insofar as is possible, the different professions or occupations in the municipality and shall be appointed by the Chairperson, by and with the approval of a majority vote of the members elected to the Board of Trustees. Two of the regular members may be residents of the area over which the municipality is authorized to exercise extraterritorial zoning and subdivision regulation. When there is a significant number of residents in the area over which the municipality exercises extraterritorial zoning and subdivision regulation, one regular member of the Commission shall be a resident from such area. If it is determined by the Board of Trustees that a sufficient number of residents reside in the area subject to extraterritorial zoning and subdivision regulation, and no such resident is a regular member of the Commission, the first available vacancy on the Commission shall be filled by appointment of such individual. For the purpose of this section, A SUFFICIENT NUMBER OF RESIDENTS shall mean 200 residents. The term of each regular member shall be three years, except that approximately one-third of the regular members of the Commission shall serve for terms of one year, one-third for terms of two years and one-third for terms of three years. All regular members shall hold office until their successors are appointed. Any member may, after a public hearing before the Board of Trustees, be removed by the Chairperson, with the consent of a majority vote of the members elected to the Board of Trustees, for inefficiency, neglect of duty or malfeasance in office or other good and sufficient cause. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term by the Chairperson. The governing body, upon majority vote may appoint one alternate member to the Planning Commission. The alternate member shall serve without compensation and shall hold no other municipal office. The term of the alternate member shall be three years, and he or she shall hold office until his or her successor is appointed and approved. The alternate member may be removed from office in the same manner as a regular member. If the alternate member position becomes vacant other than through expiration of term, the vacancy shall be filled for the unexpired portion of the term by the Chairperson and by majority vote of the governing body. The alternate member may attend any meeting and may serve as a voting and participating member of the Commission at any time when less than a full number of regular Commission members is present and capable of voting.
(2) All regular members of the Commission shall serve without compensation and shall hold no other municipal office except when appointed to serve on the Board of Adjustment as provided in Neb. RS 19-908. All members of the Commission may be required, at the discretion of the Board of Trustees, to give bond in a sum set by resolution of the Board of Trustees and conditioned upon the faithful performance of their duties. The Commission shall elect its Chairperson and a Secretary from its members and create and fill such other offices as it may determine. The term of the Chairperson and Secretary shall be one year, and they shall be eligible for re-election. No member of the Commission shall serve in the capacity of both Chairperson and Secretary of the Commission. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file them with the Clerk-Treasurer where they shall be available for public inspection during office hours. The Commission shall be funded by the Board of Trustees from time to time out of the General Fund. The expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the Board of Trustees; and no expenditures nor agreements for expenditures shall be valid in excess of such amounts. A number of Commissioners equal to the majority of the number of regular members appointed to the Commission shall constitute a quorum for the transaction of any business. The Commission shall hold at least one regular meeting in each calendar quarter, except the Board of Trustees may require the Commission to meet more frequently and the Chairperson of the Commission may call for a meeting when necessary to deal with business pending before the Commission. Special meetings may also be held upon the call of any three members of the Commission. The Commission shall adopt rules and regulations for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which shall be public record. The Commission shall make and adopt plans for the physical development of the municipality, including any areas outside its boundaries which, in the Commission’s judgment, bear relation to the planning of the municipality, and shall carry out the other duties and exercise the powers specified in Neb. RS 19-929. All actions by the Commission shall be subject to the review and supervision of the Board of Trustees. The Commissions shall make its recommendations to the Board of Trustees so that they are received by the Board of Trustees within 60 days after the Commission begins consideration of a matter relating to the comprehensive development plan, capital improvements, building codes, subdivision development, the annexation of territory or zoning. The Commission shall be responsible for making such reports and performing such other duties as the Board of Trustees may from time to time designate.
(3) The Chairperson of the Board of Trustees, with the approval of a majority vote of the elected members of the Board of Trustees, shall appoint one alternate member to the Commission. The alternate member shall serve without compensation and shall hold no other municipal office. The term of the alternate member shall be three years, and he or she shall hold office until his or her successor is appointed and approved. The alternate member may be removed from office in the same manner as a regular member. If the alternate member position becomes vacant other than through the expiration of the term, the vacancy shall be filled for the unexpired term by the Chairperson with the approval of a majority vote of the elected members of the Board of Trustees. The alternate member may attend any meetings and may serve as a voting and participating member of the Commission at any time, when less than the full number of regular Commission members is present and capable of voting.
(Prior Code, § 2-108)
(B) Membership.
(1) A Planning Commission consisting of five members and one alternate shall be appointed from the citizens at large, who shall represent different professions, interests or occupations in the municipality, of which Commission no member of the Village Board shall be a member. The term of the members of the Planning Commission shall be for a period of two years unless reappointed. Three members of the Planning Commission shall be appointed in odd-numbered years, and two members of the Planning Commission shall be appointed in even-numbered years. Three members of the Planning Commission shall constitute a quorum for the transaction of business. The members of the Planning Commission shall be appointed in January of each year, and at the time of the Commission’s first meeting in February of each year, the Commission shall organize by selecting from its number a Chairperson and a Secretary. The term of the Chairperson shall be for one year and he or she shall be eligible for re-election.
(2) It shall be the duty of the Secretary to keep full and correct minutes and records of all meetings and to file the same with the Clerk-Treasurer where they shall be available for public inspection at any reasonable time. The Commission shall meet at regular times as established by the Commission, and special meetings may be held upon the call of the Chairperson or any three members of the Commission. The Commission shall adopt rules for the transaction of business and shall keep a record of its own authority; make arrangements consistent with its program; conduct or sponsor special studies or planning work for any public body or appropriate agency; receive grants, remuneration or reimbursement for such studies or work; and at its public hearing summons witnesses, administer oaths and compel the giving of testimony.
(Prior Code, § 2-109)
(C) Funding and expenditures. The Village Board of Trustees may provide the funds, equipment and accommodations necessary for the work of the Commission, but the expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the Village Board of Trustees, and no expenditures, nor agreements for expenditures shall be valid or legal in excess of such amounts. The Commission may, with the consent of the governing body, in its own name, make and enter into contracts with public or private bodies; receive contributions, bequest gifts or grant funds from public or private sources; expend the funds appropriated to it by the municipality; employ agents and employees; and acquire, hold and dispose of property.
(Prior Code, § 2-110)
(D) Duties.
(1) It shall be the function and duty of the Commission to make and adopt plans for the physical development of the municipality, including any areas outside its boundaries which, in the Commission’s judgment, bear relation to the planning of the municipality, including a comprehensive development plan as defined by Neb. RS 19-903; to prepare and adopt such implemental means as a capital improvement program, subdivision regulations, consult and advise with public officials and agencies, public utilities, civic organizations, educational institutions and citizens with relation to the promulgation and implementation of the comprehensive development plan and its implemental programs; have the power to delegate authority to any such group to conduct studies and make surveys for the Commission; make preliminary reports on its findings and hold public hearings before submitting its final reports.
(2) The municipal governing body shall not hold its public meetings or take action on matters relating to the comprehensive development plan, capital improvements, building codes, subdivision development or zoning until it has received a recommendation of the Planning Commission if such Commission in fact has been created and is existent; provided, that the governing body may set a reasonable time within which the recommendation is to be received.
(3) The Commission may on its own authority make arrangements consistent with its program; conduct or sponsor special studies or planning work for any public body or appropriate agency; receive grants, remuneration or reimbursement for such studies or work; and, at its public hearing, summon witnesses, administer oaths and compel the giving of testimony.
(Prior Code, § 2-111)
(Ord. 183, passed 8-30-1972; Ord. 223, passed 5-14-1979; Ord. 263, passed 12-10-1986; Ord. 352, passed 3-9-1994)
Statutory reference:
Similar provisions, see Neb. RS 19-925 through 19-929