A Planning Commission is hereby created which shall consist of seven members and one alternate. Only those persons who are residents and physically present in the City of Avalon or within two miles of the City limits at least nine months of each calendar year (excluding special circumstances such as extended personal or family illness, temporary absences necessitated by the proposed appointee's employment, military service, and similar situations) may be appointed to the commission. The members shall be appointed by the Mayor with the approval of the Council. The tenure of any member of the Planning Commission shall be terminable at any time by the Mayor upon the affirmative vote of a majority of the entire Council.

Planning Commission terms of office shall be for a period of four years; provided however, a commissioner whose term has expired shall continue to hold office until a successor is appointed. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by appointment for the unexpired portion of the term, unless the unexpired portion of the term is three or fewer months in which case the City Council may, but shall not be required, to appoint a successor to serve the remaining term. Member shall at all times be classified so that the terms of three members shall expire at the same time and the terms of the other four members expire two years thereafter so as to maintain staggered terms. The Alternate Planning Commissioner term of office shall be for a period of two years.

The members of the Planning Commission bi-annually shall select (1) of its members as Chairperson and one of its members as Vice Chairperson subject to the conditions below. The selections should occur bi-annually in election years at the first Planning Commission following the seating of newly appointed Commissioners. Planning Commission members may serve as Chairperson for two terms for a total of four years maximum. Upon expiration of four consecutive years served, the Vice Chairperson of the Planning Commission shall become Chairperson and a new Chairperson who has not been the prior Chairperson shall be selected by the Planning Commission. If the Vice Chairperson of the prior Commission is not on the newly constituted Commission, the Commission shall elect a new Chairperson and new Vice Chairperson. If the Vice Chairperson declines the appointment as Chairperson, the Commission may select any Commission member as the Chairperson and may also appoint any person as Vice Chairperson. The term limit of the current Chairperson or one elected upon passage of this section, shall expire after the Commission is seated after the 2018 City Council elections.

For the purpose of transacting business, a quorum of the Planning Commission shall consist of four of the seven members. An alternate member shall be counted as a full voting member for purposes of filling any vacancy created by the absence or conflict of interest of a regular Commissioner.

Notwithstanding any other provisions of this Code, any Commissioner or alternate who is absent from any three regular meetings of said Planning Commission within any six-month period, unless such absence is due to special circumstances such as extended personal or family illness, temporary absences necessitated by the proposed appointee's employment, military service, and similar situations, shall thereby automatically forfeit his or her position as a member of said Planning Commission. The Chair of the Planning Commission or Planning Director shall thereupon promptly notify the City Council and any such person so ceasing to be a commissioner, of the fact of such vacancy. The vacancy shall be filled as provided in § 9-1.01 of this chapter.

The Planning Commission shall be governed in all respects and perform the duties prescribed by applicable State and local laws.