|
|
|
TOWN OF DUCK PLANNING BOARD BYLAWS
Article I – Purpose.
The Planning Board shall serve primarily in an advisory capacity to the Town Council in order to assist in matters of public health, safety, convenience and welfare of the citizens. To this end, the Planning Board will advise the Town Council on establishing principles and policies for guiding actions on plans for the future development of the town so that residential areas may be provided with healthy surroundings, so that the needs and rights of businesses and individual property owners may be recognized, and so that transportation systems, recreational facilities and land use in the town may develop in an efficient manner for the benefit of all.
Article II – Responsibilities.
The Planning Board shall undertake its responsibilities as follows:
· Shall serve in an advisory capacity to the Town Council and the citizens of the Town of Duck with respect to proposed developments;
· Shall review and from time to time recommend revisions to a land use plan as required by the North Carolina Coastal Area Management Act;
· Shall review and make recommendations to the Town Council on requests for rezonings, hearings regarding conformance with the Land Use Plan, amendments to the zoning text and subdivision regulations, and similar matters having to do with administration of regulatory measures in land development;
· Shall review the Capital Improvement Plan and conduct special studies as directed by the Town Council;
· Shall represent the best interests of the Town as a whole and keep consideration of the general public interest foremost during its deliberations, keeping an open mind to all viewpoints;
· Shall acquire whatever information and knowledge is necessary to fully understand and
make wise decisions and recommendations in the interest of the Town. To that end, members are encouraged to expand their knowledge understanding of planning issues through attending workshops and conferences and reading planning-related literature;
· Shall ensure that its decision-making process is fair and rational, recognizing the comprehensive, broad, and long-range nature of many of the Board’s decisions;
· Shall prepare an annual report to the Town Council.
Section 1 – Composition – The planning board shall be composed of five (5) members, who shall be real property owners of the town and shall be appointed by the council.
Section 2 – Terms of Office – The members shall be appointed for a term of three (3) years; such terms are staggered based on initial appointments by the Town Council establishing the Planning Board pursuant to Town Ordinance 02-02.
Section 3 – Qualifications of Members –Appointees shall be qualified by knowledge and experience to make decisions on community growth and development. In the absence of prior experience in the field of town planning, appointees are encouraged to complete the North Carolina Certified Planning Board Program within two years of appointment and/or participate in training opportunities such as conferences or workshops throughout their terms.
Section 4 – Removal of Members/Vacancies – Vacancies on the Planning Board shall be filled through appointment by the Town Council for the remainder of the unexpired term. Members may be removed by the Town Council for malfeasance in office.
Section 5 – Officers – The Planning Board shall elect a Chair and Vice-Chair who shall serve as described in Article IV below. The Planning Director shall serve as the Secretary.
Section 6 – Chair – The Chair shall have the privilege of discussing all matters before the Board and to vote thereon. The Chair shall preside at all meetings and hearings of the Planning Board and shall have the duties normally conferred by parliamentary procedures of such officers. The Chair shall decide all points of order and procedure subject to these bylaws and Roberts Rules of Order.
Section 7 – Vice Chair – The Vice Chair shall perform the duties of the Chair in the absence or incapacity of the Chair. When so performing, the Vice Chair shall have the same powers and duties as the Chair.
Section 8 – Absence of Chair and Vice-Chair – Should both the Chair and the Vice Chair be absent at any meeting, the Chair shall appoint a temporary chair to serve at that meeting.
Section 9 – Duties of the Secretary – The Secretary or his assignee shall keep the minutes and records of the Planning Board for regular and special meetings; to conduct all correspondence of the Board and act as custodian of all Board records; to arrange for all public notices required to be given; to notify Board members and interested parties of pending meetings and their agenda; to supervise the clerical work of the Board.
Sec. 10 – Committees and expenditures – The Planning Board may set up special committees to assist in the study pursuant to Town Ordinance 02-02.
Sec. 11 – Conflicts of interest – To preserve public confidence in the integrity of the Planning Board and the Town’s governmental process, each Board member shall have the duty to avoid even the appearance of a conflict of interest.
Sec. 12 – Meeting attendance – Each Board member is responsible for faithfully attending all regular Board meetings. Any Board member who expects to be absent at an upcoming meeting shall so notify the Chair or Secretary as soon as possible. If any member is absent from any three (3) consecutive regular meetings or from six (6) or more regular meetings held within a twelve-month period, the Chair shall forward that member’s name and attendance record to the Town Council along with a recommendation that the Council request the member’s resignation and appoint a new member as a replacement.
Article IV – Election of Officers.
Section 1 – Nomination of Officers – Nominations of officers (Chair and Vice chair) shall be made from the floor in May of each year by the Planning Board and elections shall follow immediately.
Section 2 – Election of Officers – Members receiving the majority vote of the Board for the above offices shall serve one (1) year or until their successors takes office.
Section 3 – Vacancies of Office – A vacancy in either office shall be filled immediately by regular election procedures for the unexpired term of the office vacated.
Section 4 – Succession – All officers may succeed themselves.
Article V – Motions and Voting.
Section 1 – Motions and Voting – The privilege of making motions, substitute motions, amendments to motions and voting on all official acts of the Board shall reside in the members only.
Section 2 – Voice Votes – A voice vote shall be recorded on all official acts of the Board.
Article VI – Meetings.
Section 1 – Meeting Time and Place – Regular meetings of the Planning Board shall be open to the public and shall be held at least once per month, on the second Wednesday of each month in the Duck Town Hall. If a meeting falls on a Town holiday, the Planning Board shall set an alternate date. Additional meetings may be scheduled, on an as-needed basis, by the Planning Board and such meetings shall be Special meetings of the Board. The Chair may cancel or reschedule a scheduled regular meeting on determining that there will be no business for the Board to consider at the meeting, or that so many members have indicated their probable absence at the meeting that a quorum will not be present.
Section 2 – Meeting Notice -- The Director of Planning shall ensure that each member of the Board is provided a written notice of each meeting not less than five (5) calendar days prior to the meeting. Such notice will include the meeting agenda and all pertinent staff reports required by the members. If the Board recesses a regular or special meeting for which proper notice was given, after the Chair has announced in open session the time and place at which the meeting will be continued, no further notice need be given for the continued meeting.
Section 3 – Quorum – There shall be a quorum of three (3) members for the purpose of taking any official action. No action of the Planning Board shall be valid unless authorized by a majority vote of those present.
Section 4 – Procedures - Robert’s Rules of Order shall govern parliamentary procedures at Planning Board meetings.
Section 5 – Open Meetings – All official meetings of the Board shall be open to the general public.
Section 6 – Conduct of Meetings – The Chair shall preside over all Board meetings and shall take whatever action is necessary to enforce compliance with these bylaws, provide a full opportunity for public comments, focus comments, and discussion on issues directly related to the item being considered, ensure polite and orderly proceedings, and otherwise promote the efficient and effective disposition of matters before the Board. Such actions may include limiting the time allotted to speakers, interrupting personal attacks or digressions into immaterial issues, and ordering an end to disorderly conduct.
Section 7 – Consideration of Agenda Items – The Chair shall begin the Board’s consideration of each agenda item by announcing the title of the item, identifying the nature of the decision involved, and briefly explaining the steps in Board consideration of the item. In doing so, the Chair shall note the opportunity for public comments. The Chair shall then ask Town staff to present findings and recommendations for Board action, as appropriate. Following the staff report, Board members may ask staff members for more information about the item and request clarification or explanation of the reasons for the staff’s findings and recommendation. Board members should generally reserve questions about the details of a development proposal until after the applicant’s presentation. If the item involves a rezoning, subdivision plan, conditional use permit, or similar discretionary action, the Chair shall provide the applicant an opportunity to make a presentation and respond to staff and committee findings and recommendations. The applicant is not, however, required to make a presentation. Board members may ask the applicant for more information about the proposal or request the applicant’s response to staff recommendations, and may ask the staff to clarify their recommendations in light of the applicant’s comments. The Chair shall then solicit comments on the item from persons attending the meeting, asking them to first state their name and address.
Section 8 – Questions from Non-Board Members – Persons other than Board members who have questions related to previous presentations and comments shall direct them to the Chair, who may then redirect them to the appropriate persons. The Chair may choose not to redirect questions that are immaterial, rhetorical, or that constitute a personal attack.
Section 9 – Board Discussion – If the item involves a request for specific Board action, the Chair shall invite Board members to formally discuss the item and recommended action, without the need for a prior motion. Otherwise, the Chair shall state that a motion is in order, and Board members may discuss the item only in response to a motion for specific Board action. The Chair shall determine the order in which Board members are recognized to commend and shall ordinarily give each member present an opportunity to comment before allowing one member to comment a second time. Only Board members may participate in the Board’s discussion of an item. If, however, the discussion raises requests for more information or questions about the previously heard presentations and comments, the Chair may relay those requests and questions to the appropriate persons and invite their response in the context of the Board discussion.
Section 10 – Board Action – Generally, the Board shall act on a substantive item by voting on a proper motion for action. A Board action is adopted by vote after a Board member makes a proper motion for action; another Board member seconds the motion; the Chair restates the motion (including making any clarifications); all Board members have an opportunity to discuss the motion; the Chair restates the motion again and asks for a vote; the requisite proportion of Board members present vote in favor of the motion; and the Chair announces the result of the vote.
Section 11 – Approval of Minutes – After the Board has disposed of routine business matters on the agenda, the Chair shall ask Board members if they wish to make any corrects and revisions to the draft Minutes of previous Board meetings, as noted on the agenda. The Board may adopt or revise Minutes by voting on a proper motion for action or, more commonly, by unanimous consent.
Section 12 – Reports – After the Board has disposed of all other business on the agenda, the Chair shall invite the Planning Director to report any information they believe is likely to be of interest to the full Board, e.g. information about the disposition or status of matters previously considered by the Board, notification about matters likely to demand Board consideration in the near future, information about the status of ongoing staff projects, etc. The Chair may then report any additional information to the Board. Reports should be limited to the presentation of information only, and should not involve requests for Board action unless for the purposes of referring the matter to the staff or scheduling it for consideration at a later meeting.
Submitted: __/s/ Ron Forlano___________
Chair, Town of Duck
Planning Board
Date: __June 8, 2005________________
Approved: __/s/ Gene Schwarz__________
Mayor, Town of Duck
Date: ___July 6, 2005______________