§ 31.30 ESTABLISHMENT.

   There shall be a Town Planning Board, established and continued under the authority of G.S. §§ 160D-301 et seq.

(1985 Code, § 31.30)

§ 31.31 MEMBERS AND OFFICERS.

   (A)   The Planning Board may consist of seven members. Five members shall be citizens living within the corporate limits of the municipality and two members shall be residents of the county living within the area of municipal extraterritorial jurisdiction. The members residing within the municipality shall be appointed by the Board of Commissioners of the town and the members residing within the area of municipal extraterritorial jurisdiction shall be appointed by the County Board of Commissioners, on receipt of a letter from the Clerk to the Board of Commissioners requesting that the appointments be made. In the event the County Board of Commissioners fails to make the appointments requested within 90 days of dispatch of the resolution, the Town Board of Commissioners shall make the appointments.

   (B)   Members shall be appointed for terms of three years with terms expiring on June 30. They shall serve until the expiration of their terms or until their successors have been appointed. There will be no term limits for those serving on the Planning Board.

   (C)   The Planning Board shall elect a Chairperson and may create and fill other offices as it may deem necessary. The term of officers shall be one year or until successors shall have been elected and installed, with eligibility for re-election.

   (D)   (1)   Vacancies occurring for reasons other than expiration of terms shall be filled for the period of the unexpired term by the Board of Commissioners of the town if the vacancy is of a member residing within the municipality and by the Board of Commissioners of the county if the vacancy is of a member residing within the area of extraterritorial municipal jurisdiction.

      (2)   Vacancies in officers’ positions prior to expiration of terms shall be filled for the period of the unexpired term by the Planning Board.

   (E)   Members of the Planning Board shall hold no other official municipal government position except on a zoning board, zoning board of adjustment or housing authority board. Faithful attendance at the meetings of the Planning Board is expected of all Planning Board members.

   (F)   A member may be removed by the Board which appointed the member for neglect of duty or malfeasance in office.

   (G)   Regular members of the Planning Board may be removed by the Board of Commissioners at any time for: failure to attend three consecutive meetings, failure to attend 70% or more of the meetings within any 12-month period, or any good cause related to the performance of duties. Upon request of the member proposed for removal, the Board of Commissioners may hold a hearing on the removal before it becomes effective.

(1985 Code, § 31.31) (Ord. 2010-36, passed 3-1-2010; Ord. 2015-29, passed 6-1-2015; Ord. 2021-36, passed 9-1-2020)

§ 31.32 MEETINGS; QUORUM; CONFLICTS OF INTEREST.

   (A)   The Planning Board shall adopt rules for transaction of its business and shall keep a record of its members’ attendance and of its resolutions, discussions, findings and recommendations. That 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.

   (B)   A quorum shall consist of a majority of actual membership excluding vacant seats. All members, both those living within the town limits and those living within the extraterritorial area, shall have voting power on all matters of business.

   (C)   Any member who is a party in interest to matters under consideration by the Board shall declare that interest prior to a discussion of the Board on the question, and shall abstain from voting on the question. However, this provision shall not prohibit those members from participation in discussions of the Board on those matters prior to a vote.

(1985 Code, § 31.32) (Ord. 2015-29, passed 6-1-2015)

§ 31.33 POWERS AND DUTIES.

   (A)   It shall be the function and duty of the Planning Board to make comprehensive surveys and studies of existing conditions and probable future developments. The Board shall prepare those plans for physical, social and economic development as will best promote the public health, safety, morals, conveniences and the general welfare as well as efficiency and economy in the development of the town. The Board shall have the powers and duties given it by the General Statutes of the state and the Board of Commissioners of the town, including but not limited to the power to:

      (1)   Make studies of the area within its jurisdiction and surrounding areas;

      (2)   Determine objectives to be sought in the development of the study area;

      (3)   Prepare and adopt plans for achieving objectives;

      (4)   Develop and recommend policies, ordinances, administrative procedures and other means for carrying out plans in a coordinated and efficient manner;

      (5)   Advise the legislative body concerning the use and amendment of means for carrying out plans;

      (6)   Exercise any functions in the administration and enforcement of various means for carrying out plans that the Board of Commissioners of the town may direct;

      (7)   Perform any other related duties that the Board of Commissioners of the town may direct;

      (8)   Conduct those public hearings as may be required to gather information necessary for the drafting, establishment and maintenance of a development plan for the town; and

      (9)   Promote public interest in and an understanding of its recommendations, and to that end it may publish and distribute copies of its recommendations and may employ other means of publicity and education as it may deem necessary.

   (B)   The Planning Board shall have no power to incur any debt or obligation on behalf of the town nor shall it have any power to make expenditure of funds of the town unless the funds are specifically provided for in the budget of the town and appropriation made for those purposes by the Board of Commissioners of the town, or unless the incurring of another obligation is otherwise approved by the Board of Commissioners of the town.

(1985 Code, § 31.33)

§ 31.34 COMPENSATION.

   All members of the Planning Board shall serve without compensation. Members or employees of the Planning Board, when duly authorized by the Planning Board, may attend planning conferences or meetings of planning institutes or hearings on pending planning legislation.

(1985 Code, § 31.34)

RECREATION DEPARTMENT

§ 31.59 ESTABLISHMENT; AUTHORITY.

   There shall be a Parks and Recreation Department for the town, established and continued under the authority of North Carolina General Statutes.

(1985 Code, § 31.59)