The following boards and commissions are hereby established to carry out the duties and responsibilities set forth in this ordinance and in fulfillment of the goals and purposes of this ordinance:

•

Planning board

•

Tree board

•

Technical review committee

These boards and commissions may establish and adopt their own bylaws and rules of procedure, provided they are not inconsistent with the rules of procedure outlined in the Suggested Rules of Procedure for Small Local Government Boards, published by the Institute of Government or the rules adopted by the town council.

4.2-1.

Authority. There is hereby created a planning agency, pursuant to G.S. § 160D-301 to be known as the Town of Jamestown Planning Board.

4.2-2.

Membership.

(A)

Number of members. The planning board shall consist of five regular members, who shall reside within the Town limits, and four members residing in the Town's area of extraterritorial jurisdiction (ETJ). The five regular members shall be appointed by the Jamestown Town Council. Members residing in the Town's extraterritorial area shall be recommended by the town council and appointed by the Guilford County Board of Commissioners. The extraterritorial representative(s) shall deliberate and vote only on those matters affecting policy and land in the extraterritorial jurisdiction.

1.

Reapportionment of representation. Per the requirements of G.S. § 160D-307, the planning director shall prepare a study of the proportionality of the representation of membership on the planning board following the publication of the block level population and housing counts following each decennial census. Interim studies of the population balance between the Town and its extraterritorial jurisdiction may be made as necessary following annexations or development activity that may require a rebalancing of the membership of the planning board. Upon a finding that the balance of apportionment of seats on the planning board is required due to a change in the balance of population, the planning director shall submit his report to the town council, who shall then amend the ordinance to reallocate seats and coordinate subsequent extraterritorial appointments with the Guilford County Board of Commissioners.

(B)

Officers. A chair and vice-chair of the planning board shall be elected by the planning board in accordance with the rules and procedures set forth in the Board's bylaws and rules of procedure. The chair and vice-chair shall serve one-year terms and may be elected to successive terms.

(C)

Attendance policy. Any member who attends less than 75 percent of the regular and special meetings held by the planning board during any one-year period or who misses three or more meetings in a row may be recommended for removal from the board by the town council. Vacancies resulting from a member's failure to attend the required number of meetings shall be filled as provided herein.

4.2-3.

Terms.

(A)

Length of terms. Members and alternate members, if any, of the planning board shall serve a term of five years, provided that upon initial appointment the terms of office may be staggered. The terms of all board members shall not expire at the same time. Members may be reappointed to a second term but shall not be reappointed for more than two consecutive terms. Members who have served two consecutive terms may be appointed to serve as an alternate to the board or may be appointed to another board or commission and may be appointed to another full term on the planning board after a one-term (five-year) hiatus from the board.

(B)

Filling of vacancies. A new member or an alternate member may be appointed to fill the unexpired term of a planning board member whose term is vacated. Alternates who are serving during their one-term hiatus may not be appointed to fulfill a vacancy until their hiatus term is complete. Members filling vacancies shall serve for the remainder of the unexpired term.

4.2-4.

Powers and Duties. The planning board shall have the following powers and duties:

(A)

To provide recommendations to the town council with regard to zoning map amendments, text amendments, watershed waivers, and other matters on which the council seeks advice;

(B)

To develop and update a comprehensive plan for the territory under its jurisdiction, subject to specific direction from the town council, as required by G.S. § 160D-501;

(C)

To approve subdivisions prepared in accordance with the subdivision ordinance;

(D)

To render opinions and make recommendations on all issues, requests, and petitions related to the Land Development Ordinance and land use plans that may be adopted from time to time and that require approval by the town council;

(E)

To interpret zoning maps and pass upon disputed questions of district boundary lines and similar questions that may occur in the administration of the ordinance;

(F)

To review compliance with the mandatory design guidelines as set forth in this ordinance;

(G)

To make such other studies and plans and review such other related matters as directed by the town council; and

(H)

To act as the board of adjustment, when required, and to carry out the duties assigned by G.S. § 160D-302 including:

a

To hear and decide appeals from an order, denial of a permit or other decision made by an administrative official charged with enforcing this ordinance;

b.

To hear and decide any exceptions which are specifically delegated to it by this ordinance;

c.

To hear and decide requests for variances from the zoning provisions of this ordinance in cases where special conditions would make strict and literal interpretation result in a loss of privileges shared by other properties within the same zoning district;

d.

Upon receiving authority from the Jamestown Town Council, to act as the watershed review board in hearing and deciding appeals from any decision or determination made by the enforcement officer in the enforcement of the Watershed Protection Ordinance as set forth in Article 19 of this ordinance;

e.

To hear and decide appeals and requests for variances from the requirements of the flood control provisions of this ordinance, as set forth in Article 18; and

f.

To hear and decide all matters referred to it or upon which it is required to pass under this ordinance.

4.2-5.

Conflicts. Per G.S. § 160D-109, a member of the appointed board, whether it be the planning board, board of adjustment or any other body acting as such, shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or financial interest in the outcome of the matter. If an objection is raised to a member's participation and that member does not rescue himself or herself, the remaining members shall by majority vote rule on the objection.

4.2-6.

Voting. The following voting procedures shall apply:

(A)

Planning board. A simple majority vote of the members present and not disqualified from voting on a matter shall be required to make a recommendation or final determination on any matter brought before the planning board.

(B)

Board of adjustment. Per the requirements of G.S. § 160D-406(i), a simple majority vote of the members shall be required to affirm, reverse or modify any order, decision, or interpretation of the enforcement officer charged with enforcing this ordinance or to decide in favor of the applicant on a matter upon which the board is required to pass. To grant a variance from the provisions of the ordinance, the concurring vote of four-fifths of the membership is required. Vacant positions on the board of adjustment and members who are disqualified from voting on a matter before the board of adjustment shall not be considered members of the board for calculation of the requisite four-fifths majority if there are no qualified alternates available to take the place of such members.

4.2-7.

Proceedings. All meetings of the board of adjustment shall be open to the public. The board shall keep minutes of its meetings and shall record the vote of each member on each question and the absence or failure of any member to vote on each matter that comes before it. The final disposition of each matter decided by the board of adjustment shall be by recorded resolution indicating the reasons for the decision, based on findings of fact and conclusions of law which shall be public record. On all appeals, applications and other matters brought before the board of adjustment, the board shall inform in writing all the parties involved of its decision and the reasons for that decision.

4.3-1.

Establishment of Tree Board. The Town of Jamestown Tree Board is hereby established by the town council.

4.3-2.

Membership.

(A)

Number of members. The tree board shall consist of seven members, all of whom shall be residents of the Town of Jamestown. The tree board shall be created from the Town's parks and recreation board with members serving on both boards.

(B)

Officers. A chair and vice-chair of the tree board shall be elected by the tree board in accordance with the rules and procedures set forth in the Board's bylaws and rules of procedure, if any. In the absence of adopted rules of procedure, this ordinance shall govern.

(C)

Attendance policy. Any member who attends less than 75 percent of the regular and special meetings held by the tree board during any one-year period or who misses three or more meetings in a row may be recommended to the town council for removal from the board. Vacancies resulting from a member's failure to attend the required number of meetings shall be filled as provided herein.

4.3-3.

Terms.

(A)

Length of terms. Members and alternate members, if any, of the tree board shall serve a term of two years, provided that upon initial appointment the terms of office may be staggered. The terms of all board members shall not expire at the same time. Members may be reappointed to a second term but shall not be reappointed for more than two consecutive terms. Members who have served two consecutive terms may be appointed to another term after a one-term (2-year) hiatus from the board.

(B)

Filling of vacancies. A new member or an alternate member may be appointed by the town council to fill the unexpired term of a tree board member whose term is vacated. Members filling vacancies shall serve for the remainder of the unexpired term.

4.3-4.

Duties and responsibilities. The tree board shall have the following duties and responsibilities:

To establish rules and regulations for its actions (rules of procedure) and to keep a journal of its proceedings (minutes).

(A)

To study and develop and/or update annually, specifications for the care, conservation, pruning, planting, and replanting of publicly owned trees and shrubs in parks, along streets, and in other public areas. Such information and plans will be presented annually to the town council. The board, when requested by the town council, shall consider, investigate, make findings, report, and recommend upon any special matter or question coming within the scope of work of the board;

(B)

To develop and maintain arboricultural specifications for tree care and replacement;

(C)

To provide guidance for tree and landscaping programs and policy; evaluate and monitor current regulations for effectiveness and recommend appropriate changes regarding the tree preservation ordinance and the landscape/buffering standards set forth in this ordinance, or any other arboricultural specifications for tree care and replacement of the town council;

(D)

To conduct educational programs with respect to tree preservation;

(E)

To review and provide recommendations regarding long term tree management and maintenance plans for the Town;

(F)

To review appeals, orders, requirements, decisions, and/ interpretations made by town staff charged with enforcing the tree preservation ordinance;

(G)

To make recommendations to the board of adjustment with reference to variances relating to provisions of the tree preservation ordinance and the landscape/buffering standards set forth in this ordinance;

(H)

To approve minor modifications to the tree preservation ordinance and the landscape/buffering standards set forth in this ordinance that provide equal or better compliance;

(I)

Any other duty or responsibility assigned to it by the town council with relation to arboricultural or landscaping matters.

4.3-5.

Staff. The planning director or his/her designee shall facilitate all functions of the tree board. This shall include, but not be limited to, setting meeting times and place, establishing an agenda, functioning as a liaison to the town council, and serving as the tree board representative at public forums.

4.4-1.

Authority. A planning agency known as the technical review committee (TRC) is hereby established pursuant to G.S. § 160D-306.

4.4-2.

Membership.

(A)

Composition. The TRC shall be composed of the following members or their designee/alternate:

•

Planning director.

•

Public services director.

•

Town manager.

•

One member of the planning board (chair or his/her designee). The planning board member of the TRC shall serve as the liaison between the planning board and TRC. He/she may be present to observe the TRC meeting and may make suggestions regarding projects and matters being considered by the TRC; however, approval or denial of plans and other matters before TRC shall rest solely with trc members who are town staff.

•

Other agencies/individuals as appropriate (on an as-needed basis).

(B)

Officers. The planning director shall serve as TRC chair.

4.4-3.

Powers and Duties. The technical review committee shall have the following powers and duties:

(A)

To provide for continuing, coordinated and comprehensive review of certain technical aspects of development proposals and of the ordinance in general;

(B)

To review technical aspects of development occurring within the Town as specified by this ordinance;

(C)

To review and approve new or revised plans including: subdivisions, clustered or attached developments; planned unit developments; office, commercial and industrial developments; and any other proposals for development by this ordinance;

(D)

To approve modifications where authorized by this ordinance;

(E)

To recommend to the planning board the closing of streets, alleys, easements, and other rights-of-way;

(F)

To serve as the watershed review board, exercising the powers and duties as set forth for this board in Article 19 of this ordinance;

(G)

To perform any other related duties that the town council may direct; and

(H)

To exercise other powers and authority provided to it by the town council, this ordinance, or state law.

4.4-4.

Action by Technical Review Committee. Upon submittal and review of a complete application, the TRC may make one of the following recommendations:

(A)

Approval. If the TRC recommends approval, the planning director and public services director shall "stamp and sign" approved plans with signatures.

(B)

Approval with conditions. If the TRC recommends approval with conditions, the applicant may revise the plan to meet the conditions of the approval and resubmit it. The revised plan shall be reviewed by the planning director and, if it meets all of the conditions, shall be considered "fully approved." If the plan is not revised to meet conditions within 60 days after action by the TRC or the applicant does not request a review by the planning board by providing written notice to the planning director, the plans and/or application shall be deemed denied.

(C)

Denial. If the TRC recommends denial of the plans/application, the reasons for denial shall be provided in writing to the applicant. The site plan may be revised to address the reasons for denial and resubmitted in accordance with the provisions of this Code. A recommendation for denial by the TRC shall be considered final action on the request unless, within 30 days from receiving the written recommendation of the TRC, the applicant requests a hearing by providing written notice to the planning director. The applicant may revise the site plan to address the reason for denial and resubmit the revised plan or the applicant may appeal the decision of the TRC to the board of adjustment. The applicant may not resubmit the revised site plan and appeal the TRC decision simultaneously.

(D)

Submittals. Up to four submittals of a revised submittal/site plan may be submitted without payment of additional review fees. Any submittal after the fourth submittal may be required to be accompanied by an additional review fee, at the discretion of the TRC, as established pursuant to this ordinance.

(E)

Timing. The TRC should make its recommendation within ten working days of reviewing the application and site plan, unless circumstances dictate that more time is necessary and would be in the best interests of all parties to delay the review. If that is the case, the planning director or public services director shall notify the applicant in writing that a delay is necessary, the reasons for the delay, and an alternate date for the TRC meeting.

All meetings and hearings shall be open to the public and shall be conducted in accordance with the procedures set forth in these regulations and with the rules of procedure (if any) adopted by the planning board, board of adjustment, tree board, and technical review committee. Such rules of procedure may be amended by the respective board or commission membership. The rules of procedure adopted by any board or commission shall be kept on file at the office of the planning director, shall be published on the Town's website and shall be made available to the public at any meeting or hearing. No rules or procedures shall conflict with this ordinance; if conflicts occur this ordinance shall take precedence. In the absence of any rules of procedure, the ordinance or state law take precedence. Each appointed board shall keep minutes of its proceedings, including a detailed record of all votes on matters brought before them. Such minutes shall be open to public inspection.

The planning director shall serve as staff to the planning board, board of adjustment, and tree board and shall provide technical assistance to the planning board, board of adjustment, and tree board as requested.