Pursuant to and as required by Sub-section (4) Process, Sec EE. West Homewood District; Article IV. District Uses, Appendix A. Zoning, the Community Development Review Committee (CDRC) hereby adopts these rules for the transaction of business.

(Ord. No. 2556, 4-27-2015)

These rules may be amended at any meeting of the CDRC by a vote of the majority of the members attending, provided five days written notice has been given to each member and approved by City Council.

(Ord. No. 2556, 4-27-2015)

(a)

In general, the CDRC shall have such powers as may be necessary to enable it to fulfill its functions, promote municipal planning or carry out the purposes of Sub-section (4) Process, Sec EE. (WHD) West Homewood District; Article IV. District Uses, Appendix A Zoning.

(b)

Members of the CDRC, when duly authorized by the CDRC, may attend municipal planning conferences or meetings of municipal planning institutes or hearings upon pending municipal planning legislation, and the CDRC may, by ORDINANCE, spread upon its minutes, pay the reasonable traveling expenses incident to such attendance.

(c)

The CDRC shall, from time to time, recommend to the appropriate public officials programs for public structures and improvements and for the financing thereof.

(d)

The CDRC, its members, officers and employees, in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain necessary monuments and marks thereon.

(Ord. No. 2556, 4-27-2015)

The Community Development Review Committee (CDRC) shall act to approve or disapprove all development plans required by Sub-section (4) Process, Sec EE. (WHD) West Homewood District; Article IV. District Uses. Appendix A Homewood Zoning Ordinance.

(Ord. No. 2556, 4-27-2015)

The Community Development Review Committee (CDRC) shall act to approve or disapprove all warrant applications required by Sub-section (4) Process, Sec EE. (WHD) West Homewood District; Article IV. District Uses. Appendix A Homewood Zoning Ordinance.

(Ord. No. 2556, 4-27-2015)

As provided by Sub-section (4) Process. Sec EE. (WHD) West Homewood District: Article IV. District Uses. Appendix A Homewood Zoning Ordinance.

(Ord. No. 2556, 4-27-2015)

The CDRC shall consist of five (5) members, as follows:

(a)

The mayor;

(b)

City council representative;

(c)

Fire marshal;

(d)

City planner or representative from building, engineering and zoning;

(e)

Planning commission representative.

(Ord. No. 2556, 4-27-2015)

All members of the CDRC shall serve as such without compensation. Unless otherwise waived by the appointing authority, all appointed members shall be bona fide residents and qualified electors of the city.

(Ord. No. 2556, 4-27-2015)

(a)

Terms of ex officio members shall correspond to their respective official tenures. In the event the mayor designates a person to sit in his/her place, such person so appointed shall serve during the term of the Mayor, unless his/her original appointment shall be limited to a term certain of not less than twelve (12) months at time of appointment.

(b)

Members other than the member selected by the Council may, after a public hearing, be removed by the mayor for inefficiency, neglect of duty or malfeasance in office. The council may for like cause remove the member or members selected by it. The mayor or council, as the case may be, shall file a written statement of reasons for such removal.

(Ord. No. 2556, 4-27-2015)

(a)

The CDRC shall elect or appoint as directed in Article III, Section 4, from qualified members by a majority vote of the full membership a chairperson and vice chairperson to serve annual term, with eligibility for reelection. Elections shall be held at the regular September meeting to correspond with official term tenures.

(b)

The City staff of designee shall serve as Secretary to the CDRC.

(c)

The Chairperson, if selected, shall be an ex-officio, non-voting member of all subcommittees, unless otherwise appointed as a voting member.

(Ord. No. 2556, 4-27-2015)

The chairperson of the CDRC may exercise the following powers and duties and such other powers and duties prescribed by law:

(a)

Preside at all meetings of the CDRC.

(b)

Call special meeting of the CDRC.

(c)

Sign documents of the CDRC.

(d)

Ensure the proper conduct of CDRC actions.

(e)

Assign CDRC members to subcommittees and appoint chairpersons of subcommittees.

(f)

Perform such other duties and responsibilities necessary to manage the affairs of the CDRC.

(Ord. No. 2556, 4-27-2015)

During the absence, disability, or disqualification of the chairperson, the vice-chairperson shall exercise all the powers and duties of the chairperson.

(Ord. No. 2556, 4-27-2015)

The secretary may exercise the following powers and duties and such other powers and duties prescribed by law.

(a)

Keep the minutes of all meeting of the CDRC.

(b)

Give all notices required by law or these rules of procedure.

(c)

Prepare the agenda of the CDRC.

(d)

Keep CDRC records of its ORDINANCES, transactions, findings, and determinations, which records shall be public.

(e)

Inform the CDRC of correspondence relating to the business of the CDRC and attend to such correspondence.

(f)

Handle funds allocated to the CDRC in accordance with city budgeting and accounting policies.

(g)

Sign official documents of the CDRC.

(h)

Perform such other administrative duties and responsibilities necessary for the CDRC to conduct its affairs.

(Ord. No. 2556, 4-27-2015)

(a)

The CDRC may appoint such employees as it may deem necessary for its work. whose appointment, demotion, and removal shall be subject to the same provisions of law as govern other corresponding city employees. The CDRC may also contract with city planners, engineers, architects, and other consultants for such services as it may require.

(b)

Principal employees and consultants of the City assigned to the CDRC for its work may include the following city staff officials:

(i)

Building official

(ii)

City Planner or designee, as directed by the Mayor, shall perform the following duties and responsibilities to the CDRC, among other:

(1)

As zoning administrator and subdivision administrator, advice the CDRC on questions of interpretation, enforcement, and administration of the Zoning Ordinance, Zoning Map, and Subdivision Regulations.

(2)

Participates in the review of public hearing cases and provides staff assistance at public hearings.

(3)

Attends all regular meetings and such other meetings of the community development review committee (CDRC) as requested by the CDRC

(4)

Participates in work sessions of the community development review committee (CDRC) as requested by the CDRC.

(5)

Performs other duties necessary to assist the CDRC in fulfilling its function.

(iii)

City Engineer or designee, as directed by the Mayor, shall perform the following duties and responsibilities to the CDRC, among others:

(1)

Advises the CDRC on questions related to the Design and Construction Standards and related comprehensive development regulations.

(2)

Participates in the review of public hearing cases and provides staff assistance at public hearings.

(3)

Attends all regular meetings and such other meetings of the community development review committee (CDRC) as requested by the CDRC.

(4)

Participates in work sessions of the Community Development Review Committee (CDRC) in fulfilling its functions.

(5)

Performs other duties necessary to assist the CDRC in fulfilling its functions.

(iv)

City Attorney, as directed by the Mayor, shall perform the following duties and responsibilities to the CDRC, among others:

(1)

Provides legal counsel to the CDRC on questions related to planning and development.

(2)

Defends the CDRC in legal proceedings.

(3)

Attends meeting of the community development review committee (CDRC) as requested by the CDRC.

(4)

Participates in work sessions of the community development review committee (CDRC) as requested by the CDRC.

(5)

Performs other duties necessary to assist the CDRC in fulfilling its functions.

(v)

City clerk as secretary and his/her designated city employee, as alternate secretary, serve as administrative assistant to the CDRC.

(c)

Other city employees, such as but not limited to the fire chief and the police chief, and other consultants, as deemed necessary by the CDRC to assist with its work.

(d)

Only by a majority vote of the community development review committee (CDRC) authorizing the use of a consultant, the chairman will contract with a consultant of the community development review committee (CDRC)'s choice advising dates, time, place and subject to be covered. No consultant to the CDRC will be authorized by any person other than the CDRC chairman.

(Ord. No. 2556, 4-27-2015)

The CDRC shall hold a meeting within 21 days of a project plan being submitted. All public hearings shall be placed on the agenda, giving public notice as required by law. The CDRC shall encourage full public participation on all public hearings.

(Ord. No. 2556, 4-27-2015)

The CDRC may hold work sessions with professional staff to discuss items of common concern, receive training, and review staff projects assigned by the CDRC. The public may attend all work sessions but participation in discussions shall be by consent of the chairperson. All members shall receive at least seventy-two (72) hours' notice of the purpose, time, date, and place of the work session.

(Ord. No. 2556, 4-27-2015)

Special meetings may be held at any time upon the call of the chairperson or by a majority of the voting members of the CDRC or upon request of the city council. All members shall receive at least seventy-two (72) hours notice of the purpose, time date, and place of the meeting.

(Ord. No. 2556, 4-27-2015)

A majority of the members of the CDRC (three members) shall constitute a quorum for the transaction of business.

(Ord. No. 2556, 4-27-2015)

Attendance at all scheduled meetings of the Community Development Review Committee (CDRC) shall be deemed mandatory. Failure to attend six (6) meetings in any one (1) calendar year may result in removal.

(Ord. No. 2556, 4-27-2015)

Robert's Rules of Order shall guide the conduct of all meetings of the Community Development Review Committee (CDRC).

(Ord. No. 2556, 4-27-2015)

Open Meetings and the Alabama Sunshine Law.

(a)

All Community Development Review Committee (CDRC) meetings shall be subject to the state open meeting or Sunshine Law which provides that, with a few limited exceptions, all meetings of a public body shall be open to all persons desiring to attend. The major exception is that an executive session may be held when the character of good name of a person is involved.

(b)

A meeting, for the purposes of the Sunshine Law, is the gathering of a quorum of members of a public body to propose or take legal action. If subcommittees are formed, they are also subject to the same laws as the main body.

(c)

Any person violating any of the provisions of the Sunshine Law shall be guilty of a misdemeanor and can be fined up to five-hundred dollars ($500.00). Any person who remains in attendance upon any meeting of the community development review committee (CDRC) which is being held in secret shall be deemed guilty of violating the provisions of law.

(Ord. No. 2556, 4-27-2015)

(a)

An agenda for each meeting of the community development review committee (CDRC) shall be prepared by the secretary according to the form adopted in these rules.

(b)

The agenda, along with information pertinent to each scheduled public hearing case and other business matters, shall be delivered to each community development review committee (CDRC) at least 72 hours before the meeting, allowing sufficient opportunity for the CDRC to visit each site and review case files. All files and records of the CDRC shall be open and made available to the public.

(c)

A sufficient number of agendas shall be available to the public at the regular meeting.

(d)

Only those items on the regular meeting agenda shall be discussed during the meeting. Any item may be placed on the agenda by a majority vote of the CDRC after unanimous consent for immediate consideration has been given. This does not apply to items where a public hearing and public notice is required by law.

(Ord. No. 2556, 4-27-2015)

All public hearing cases shall be acted upon by the CDRC at the first scheduled public hearing unless the CDRC finds that a continuance if the hearing would require additional information or study on some aspect of the case.

(Ord. No. 2556, 4-27-2015)

No case shall be withdrawn from public hearing once required notices have been mailed, posted, and advertised.

(Ord. No. 2556, 4-27-2015)

The order for all cases presented at public hearings shall be as follows:

(a)

Introduction of case by Chairperson.

(b)

Presentation by applicant.

(c)

Public comments by proponents.

(d)

Public comments by opponents.

(e)

Rebuttal or summary statement by applicant.

(f)

Close of public comments.

(g)

Staff-report.

(h)

CDRC discussion and vote.

(Ord. No. 2556, 4-27-2015)

The community development review committee (CDRC) encourages public participation in all CDRC activities. However, to retain order and maximize the opportunity for all citizens to participate, the rules of this section shall be maintained.

(a)

Public Commentary on items of common interest to the community may be scheduled at least seventy-two (72) hours in advance of the meeting and shall be noted on the agenda. Unscheduled items may be heard at the discretion of the chairperson.

(b)

Published instructions for participation in public hearings, in the form adopted in these rules shall be made available to the public at the regular meeting.

(Ord. No. 2556, 4-27-2015)