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HomeMy WebLinkAboutPB bylaws_CC APP Page 1 of 7 Internal Request Form Development Services 108 E. Front Street P.O. Box 65, Lillington, NC 27546 Phone: (910) 893-7525 Fax: (910) 893-2793 Planning Board: October 3, 2022 County Commissioners: October 17, 2022 Applicant: Name: Harnett County Development Services Address: 420 McKinney Pkwy City/State/Zip: Lillington NC, 27546 Phone: 910-893-7525, x2 Type of Change New Addition Revision Harnett County Planning Board Amended By-laws Current Text: See attached Proposed Text: See attached Reason for Requested Change: To amend Harnett County’s Planning Board By-laws in order to comply with North Carolina General Statute 160D. Additional Information On October 3rd, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of these by-laws based on compliance with the NC General Statutes.  No one spoke in opposition. Page 2 of 7 BY-LAWS HARNETT COUNTY PLANNING BOARD ARTICLE I Membership and Vacancies The Harnett County Planning Board (the “Planning Board”) shall consist of five (5) regular members and two (2) alternates, for a total of seven (7) members. Members shall be appointed by the Harnett County Commissioners with terms of office being set according to the “Rules of Procedure” for the Board of Commissioners as they may exist from time to time. Each commissioner district should be represented on the Planning Board by a regular member. Membership should be distributed throughout the County in as much as is practical. Alternates shall be designated as Alternate #1 and Alternate #2 and shall, when feasible, rotate service on the Planning Board. Vacancies occurring for reasons other than expiration of terms shall be filled according to the Board of Commissioners' “Rules of Procedure”. Members shall serve until they are duly replaced. Regular appointments are to become effective on January 1 of each year. Faithful attendance at the meetings of the Planning Board is a prerequisite for the continuation of membership on the Planning Board. If an appointee has unexcused absences which constitute more than 25% of the Planning Board meetings in any calendar year which he or she is required to attend pursuant to his or her appointment, he or she is obligated to resign. Excused absences are defined as absences caused by events beyond one's control. If the individual refuses to resign, he or she may be dismissed by action of the Board of County Commissioners subject to State or local law. A calendar year is to be defined as a 12 month period beginning on the date of appointment. ARTICLE II Officers The Planning Board shall elect one (1) of its members as Chairman and another as Vice Chairman. It shall be the duties of the Chairman to conduct the meetings, address the County Commissioners as needed, sign documents as required, and function as the liaison with the Planning Department staff. In the absence of the Chairman, the Vice-Chairman shall perform all duties of the Chairman. At the regular meeting in January of each year, the Planning Board shall elect a Chairman and Vice Chairman from its regular membership as the first order of business during its regular meeting. The term of office shall last for 12 months, beginning in January. Officers may serve consecutive terms. Any member who has served at least 12 months prior to the date of the elections is eligible to hold either office. Election of officers may be by secret ballot or by nomination and voice vote. The Planning Board shall adopt rules for transaction of its business and shall keep a record of its members' attendance and of its resolution, discussions, findings, and recommendations, which record Page 3 of 7 shall be a public record. The Planning Board may hold one (1) meeting monthly and all of its meetings shall be open to the public. There shall be a quorum of three (3) members for the purpose of taking any official action required by this the Harnett County Unified Development Ordinance. ARTICLE III General Powers and Duties It shall be the duty of the Planning Board: 1. To acquire and maintain in current form such basic information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions; 2. To prepare and from time to time amend and revise a comprehensive and coordinated plan for the physical development of the County. Activities will be coordinated with any municipal planning board or adjoining counties, to the greatest extent feasible, if such boards or counties are involved; 3. To establish principles and policies for guiding action in the development of the County; 4. To prepare and recommend to the Board of County Commissioners, ordinances promoting orderly development as in the comprehensive plan; 5. To determine whether specific proposed developments conform to the principles and requirements of the comprehensive plan for the growth and development of the County; 6. To keep the Board of County Commissioners and the general public informed and advised as to all matters referenced in this Article; 7. To perform any other duties, which may lawfully be assigned to it. ARTICLE IV Gathering Background Data & Performing Special Studies As background for its comprehensive plan and any ordinances it may prepare, the Planning Board may gather maps and aerial photographs of manmade and natural physical features of the County, statistics on past trends and present conditions with respect to population, information on property values, data on the economic base of the area, information on land use, and such other information as is important or likely to be important in determining the amount, direction, and kind of development to be expected in the County and its various parts. In addition, the Planning Board may make, cause to be made, or obtain special studies on the location, condition, and adequacy of specific facilities, which may include but are not limited to studies of housing; commercial and industrial facilities; parks, playgrounds, and recreational facilities; public and private utilities, including water and waste disposal systems; and traffic, transportation, and parking facilities. Page 4 of 7 All County officials shall, upon request, furnish to the Planning Board such available records or information as it may require in its work. To the extent permitted by law, the Planning Board or its agents may, in the performance of its official duties, enter upon lands and make examinations or surveys. ARTICLE V Comprehensive Plan The comprehensive plan, with the accompanying maps, plats, charts, and descriptive matter, shall constitute the Planning Board's recommendations to the Board of County Commissioners for the development of the territory and area therein referenced. Among other things, such comprehensive plan may include the general location, character, and extent of water and waste disposal systems, streets, bridges, boulevards, parkways, playgrounds, squares, parks, aviation fields, and other public utilities and terminals, whether publicly or privately owned or operated, for water, light; sanitation, transportation, communication, power, and other purposes; information relating to the removal, relocation, widening, narrowing, vacating, abandonment; change of use, or extension of any of the foregoing ways, buildings, grounds, open spaces, property, utilities, or terminals; and information relating to the most desirable pattern of land use within the area, including areas for residential uses, for farming and forestry, for manufacturing and industrial uses, for commercial uses, for recreational uses, for open spaces, and for mixed uses. The plan and any ordinances or other measures to effectuate it shall be made with the general purpose of guiding and accomplishing a coordinated and harmonious development of the County which will, in accordance with present and future needs, best promote health, safety, morals, and the general welfare, among other things, adequate provision for traffic, safety from fire and other dangers, adequate provision for light and air, the healthful and convenient distribution of population, good civic design and arrangement, wise and efficient expenditure of public funds, and the adequate provision of public utilities, services, and other public requirements. ARTICLE VI Subdivision Regulations The Planning Board shall review, from time to time, the need for regulations for the control of land subdivision in the County and submit to the Board of County Commissioners its recommendations, if any, for adoption or revision of said regulations. ARTICLE VII Other Ordinances Page 5 of 7 It is within the delegated authority of the Planning Board to review and make recommendations to the Board of County Commissioners concerning all ordinances under the direction of the Planning Department. If required by law the Planning Board will hold public hearings to solicit public comments regarding these ordinances and the administration of them. As delegated by the Board of County Commissioners, the Planning Board will review and approve plans for the construction of manufactured home parks or additions to existing manufactured home parks within the County's planning jurisdiction. It is within the Planning Board's duties to develop any new ordinances and recommend their adoption as the need arises. The Planning Board may request technical assistance from any State or regional planning agency providing such services. Fees for such services will be paid from the Planning Department's budget. ARTICLE VIII Miscellaneous Powers and Duties The Planning Board may conduct such public hearings as may be required to gather information necessary for the drafting, establishment, and maintenance of the comprehensive plan. Before adopting or amending any such plan it may hold or cause to be held at least one (1) public hearing thereon. The Planning Board shall have power to 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 such other means of publicity and education as it may determine. Members of the Planning Board, when duly authorized by the County Manager may attend planning conferences or meetings of planning organizations or hearings upon pending planning legislation. Members of the Planning Board attending such conferences, meetings or hearings will be reimbursed for travel expenses based upon the County's travel reimbursement policy following submission of required documentation. ARTICLE IX Reporting and Budget Request In an effort to keep the Board of County Commissioners informed, the Planning Board will periodically prepare a report of its activities. Assistance in preparing this report will be provided by the Planning Department staff. Page 6 of 7 The Planning Board is authorized to receive any funds which may be appropriated for its use by the Board of County Commissioners. ARTICLE X Special Committees The Planning Board may set up special committees to assist it in the study of specific questions and problems. The Planning Board may ask for assistance from other departments in County Government as the Board studies these questions and problems. ARTICLE XI Statutory Powers The Planning Board shall have all the powers and authority granted by N.C.G.S.153-A - 320 160D- 301 and subsequent provisions of law and any other powers and duties so delegated by the Board of County Commissioners. ARTICLE XII Conduct of Meeting The Planning Board may set reasonable time limits for presentations and discussion by proponents and opponents for a given issue. It is the intent of this section that proponents and opponents be given adequate time for presentations without dominating the meeting. Therefore the use of a spokesman is encouraged. Once the Chairman has closed the public input session no further public comments shall be received. At the discretion of the Planning Board, any agenda item may be tabled provided the item has been discussed and the need for a delay has been determined. An agenda item may be tabled to a date certain or until the removal of certain conditions or the completion of specified tasks as established by the Planning Board. Items may also be tabled to a date certain in order to secure legal advice from the County Attorney. A motion to table an item shall require an affirmative vote by a simple majority of the members present. All Planning Board members must abstain from voting on any advisory or legislative decision in which the outcome of the matter is reasonably likely to have a direct, substantial and readily identifiable financial impact on the member. Planning Board members must abstain from voting if the landowner of the property subject to a rezoning petition or an applicant for a text amendment has a close familial, business, or other associational relationship with a member of the Planning Board. Page 7 of 7 ARTICLE XIII Amendments to By-Laws These by-laws may be amended as needed by the Planning Board according to the following procedure. An amendment must be introduced and then be voted on at the following two (2) regular meetings. Passage of an amendment shall require an affirmative vote by a simple majority of the members present at both meetings. No amendment may be voted on at the meeting at which it is introduced. These by-laws may be amended by a majority vote of the Harnett County Board of Commissioners. ARTICLE XIV Repeal and Effective Date Any previous by-laws are hereby repealed upon adoption of these revisions. The revised by-laws shall become effective upon adoption. ARTICLE XV Severability Should any section, paragraph, sentence, clause, or phase be declared unconstitutional or invalid for any reason, the remaining by-laws shall not be accepted thereby and shall remain in effect. Amended through this ________ day of ______________, 2022. Harnett County Board of Commissioners _________________________________ Lewis W. Weatherspoon, Chairman Attest: _________________________________ Melissa D. Capps, Clerk