1. There shall be a planning board consisting of seven (7) members. Four (4) members, appointed by the town board of commissioners, shall reside within the town. Three (3) members, appointed by the county board of commissioners, shall reside within the Town's Extraterritorial Planning Jurisdiction (ETJ).
2. Members may be appointed to serve only four (4) (successive or nonconsecutive) three (3) year terms.
3. Planning board members may be removed by the town board at any time for failure to attend three consecutive meetings within any 12-month period or for any other good cause related to performance of duties. Upon request of the member proposed for removal the town board shall hold a hearing on the removal before it becomes effective.
4. If an in-town member moves outside the town or if an extraterritorial area member moves outside the planning jurisdiction, that shall constitute a resignation from the planning board, effective upon the date a replacement is appointed by the Town board.
5. One (1) alternate member from within the Towns' corporate limits and one alternate member from the Towns' Extraterritorial jurisdiction shall be selected by the Town Board. Alternate members shall serve in the absence of regular members and shall have full voting powers.
6. All members appointed to the planning board under Article 3 of Chapter 160D shall, before entering their duties, qualify by taking an oath of office as required by G.S. 153A-26 and 160A-61.
7. Extraterritorial Representation.
   1. When the town elects to exercise extraterritorial powers under Chapter 160D it shall provide a means of proportional representation based on population for residents of the extraterritorial area to be regulated. The population estimates for this calculation shall be updated no less frequently than after each decennial census. Representation shall be provided by appointing at least one (1) resident of the entire extraterritorial planning and development regulation area to the planning board and board of adjustment.
   2. Appointment.
      1. The extraterritorial representatives on a town planning board authorized by Article 3 of Chapter 160D shall be appointed by the board of county commissioners with jurisdiction over the area. The county shall make the appointments within ninety (90) days following the hearing. Once the town provides proportional representation, no power available to the town under Chapter 160D shall be ineffective in its extraterritorial area solely because county appointments have not yet been made. If there is an insufficient number of qualified residents of the extraterritorial area to meet membership requirements, the board of county commissioners may appoint as many other residents of the county as necessary to make up the requisite number. If a board of county commissioners fails to make these appointments within ninety (90) days after receiving a resolution from the town board requesting that they be made, the town board may make them.
      2. All appointments to the planning board authorized by Chapter 160D shall be made by the Town Board. The Town Board may establish reasonable procedures to solicit, review, and make appointments.
   3. The outside representatives have equal rights, privileges, and duties with the other members of the planning board to which they are appointed, regardless of whether the matters at issue arise within the town or within the extraterritorial area.

Amended September 8, 2020

1. The planning board shall meet regularly on the Second Monday of each month and take actions in conformity with §52.
2. Since the board has only advisory authority, it need not conduct its meetings strictly in accordance with the quasi-judicial procedures set forth in Articles IV, V, and VI. However, it shall conduct its meetings so as to obtain necessary information and to promote the full and free exchange of ideas.
3. Minutes shall be kept of all board proceedings.
4. All board meeting shall be open to the public, and whenever feasible the agenda for each board meeting shall be made available in advance to the meeting.

Amended January 21, 2021

1. A quorum for the purpose of convening the Planning board for any official action shall consist of a minimum of five (5) members.
2. All actions of the planning board shall be taken by majority vote, a quorum being present.
3. A roll call vote shall be taken upon the request of any member.
4. Extraterritorial planning area members may vote on all matters considered by the board, regardless of whether the property affected lies within or without the Town.
5. Conflict of Interest
   1. Members of appointed boards shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to Chapter 160D where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
   2. Resolution of Objection. If an objection is raised to a board member’s participation at or prior to the hearing or vote on that matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.

Amended January 21, 2021

1. At its first meeting in July of each year, the planning board shall, by majority vote of its membership (excluding vacant seats) elect one of its members to serve as chairman and preside over the board's meetings and one member to serve as vice-chairman. The people so designated shall serve in these capacities for terms of one year. Vacancies in these offices may be filled for the unexpired terms only by majority vote of the board membership (excluding vacant seats).
2. The chairman and vice-chairman shall take part in all deliberations and vote on all issues.
   

1. The Planning board may:
   1. Make studies and recommend to the town board plans, goals, and objectives relating to the growth, development, and redevelopment of the town and the surrounding extraterritorial planning area.
   2. Develop and recommend to the town board policies, ordinances, development regulations, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner.
   3. Prepare, review, maintain, monitor, and periodically update and recommend to the town board a comprehensive plan, and such other plans as deemed appropriate, and conduct ongoing related research, data collection, mapping, and analysis.
   4. Facilitate and coordinate citizen engagement and participation in the planning process.
   5. Advise and make recommendations to the board of commissioners concerning the implementation of plans, including, but not limited to, review and comment on all zoning text and map amendments, as required by G.S. 160D-604.
   6. Perform any other related duties assigned by the town board.
2. The planning board may adopt its own rules of procedure that are consistent with the provisions of Chapter 160D and this ordinance. A copy of any adopted rules of procedure shall be maintained by the land use administrator and posted on the local government web site.

Amended January 21, 2021

1. From time to time, the town board may appoint one or more individuals to help the planning board carry out its planning responsibilities with respect to a particular subject area. By way of illustration, without limitation, the town board may appoint advisory committees to consider the thoroughfare plan, bikeway plans, housing plans, economic development plans, etc.
2. Members of such advisory committees shall sit as nonvoting members of the planning board when such issues are being considered and lend their talents, energies, and expertise to the planning board. However, all formal recommendations to the town board shall be made by the planning board.
3. Nothing in this section shall prevent the town board from establishing independent advisory groups, committees, or commissions to make recommendations on any issue directly to the board of commissioners.
4. Conflict of Interest
   1. Members of appointed boards shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to Chapter 160D where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
   2. Resolution of Objection. If an objection is raised to a board member’s participation at or prior to the hearing or vote on that matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.
5. Minutes shall be kept of all board proceedings.
6. All members appointed to boards under Article 3 of Chapter 160D shall, before entering their duties, qualify by taking an oath of office as required by G.S. 153A-26 and 160A-61.
7. Advisory board may adopt its own rules of procedure that are consistent with the provisions of Chapter 160D and this ordinance. A copy of any adopted rules of procedure shall be maintained by the land use administrator and posted on the local government web site.
8. The Town may by ordinance establish additional advisory boards as deemed appropriate. The ordinance establishing such boards shall specify the composition and duties of such boards.

Amended January 21, 2021

1. Appointment and Terms of the Board of Adjustment
   1. The members of the planning board shall serve the dual role as board of adjustment members. Therefore, the appointment, term and officers of board of adjustment shall be identical to that of the planning board.
   2. All members appointed to boards under Article 3 of Chapter 160D shall, before entering their duties, qualify by taking an oath of office as required by G.S. 153A-26 and 160A-61.
   3. The board of adjustment shall consist of five (5) or more members.
2. Meetings of the Board of Adjustment
   1. The board of adjustment shall meet regularly on the second Monday of each month and shall take action with conformity with §54.
   2. The board, in considering appeal, special use permit, and variance applications, acts in a quasi-judicial capacity and accordingly, shall conduct its meetings in accordance with the quasi-judicial procedures set forth in Article IV, V, and VI.
   3. All meetings of the board shall be open to the public, and whenever feasible the agenda for each board meeting shall be made available in advance to the meeting.
   4. Minutes shall be kept of all board proceedings.
   5. The board of adjustment may adopt its own rules of procedure that are consistent with the provisions of Chapter 160D and this ordinance. A copy of any adopted rules of procedure shall be maintained by the land use administrator and posted on the local government web site.

Amended January 21, 2021

1. A quorum for the board of adjustment shall consist of the number of members equal to four-fifths of the regular board membership (excluding vacant seats) to entertain a variance application. A simple majority of the regular board membership (excluding vacant seats) shall be required to decide any other quasi-judicial matter (special use permit and appeals) or to determine an appeal in the nature of certiorari (eg. case from the Historic Preservation Commission).
2. A quorum is necessary for the board to take official action.
3. A member who has withdrawn from the meeting without being excused as provided in §31 shall be counted as present for purposes of determining whether a quorum is present.

Amended January 21, 2021

1. The concurring vote of four-fifths (4/5) of the regular board membership (excluding vacant seats) shall be necessary to grant a variance. A simple majority of the regular board membership (excluding vacant seats) shall be necessary to decide any other quasi-judicial matter (special use permit and appeals) or to determine an appeal in the nature of certiorari. All other actions of the board shall be taken by majority vote, a quorum being present. For purposes of this subsection, vacant positions on the board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the board for calculation of the requisite majority if there are no qualified alternatives available to take the place of such members.
2. Once a member is physically present at a board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with §31(c) or has been allowed to withdraw from the meeting in accordance with §31(d).
3. Conflict of Interest
   1. A member of any board exercising quasi-judicial functions pursuant to this Chapter 160D 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.
   2. Impermissible violations of due process 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 a financial interest in the outcome of the matter.
   3. Resolution of Objection. If an objection is raised to a board member’s participation at or prior to the hearing or vote on that matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.
4. A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any other good and sufficient reason other than the member's desire to avoid voting on matters to be considered at that meeting.
5. A roll call vote shall be taken upon the request of any member.

Amended January 21, 2021

1. Except as otherwise specifically provided, primary responsibility for administering and enforcing this ordinance may be assigned by the town manager to one or more individuals. The person or persons to whom these functions are assigned shall be referred to in this ordinance as the "land-use administrator" or "administrator". The term "staff" or "planning director" is sometimes used interchangeably with the term "administrator".
2. The Planning director is the administrative head of the planning department.
3. Conflict of Interest.
   1. No staff member shall make a final decision on an administrative decision required by Chapter 160D if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the development regulation or other ordinance.
   2. No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under Chapter 160D unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with a local government to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the local government, as determined by the local government.
4. Duties assigned to staff may include, but are not limited to:
   1. drafting and implementing plans and development regulations to be adopted pursuant to Chapter 160D;
   2. determining whether applications for development approvals are complete; receipt and processing applications for development approvals;
   3. providing notices of applications and hearings;
   4. making decisions and determinations regarding development regulation implementation;
   5. determining whether applications for development approvals meet applicable standards as established by law and local ordinance;
   6. conducting inspections;
   7. issuing or denying certificates of compliance;
   8. enforcing development regulations, including issuing notices of violation, orders to correct violations, and recommending bringing judicial actions against actual or threatened violations;
   9. keeping adequate records; and
   10. any other actions that may be required in order adequately to enforce the laws and development regulations under their jurisdiction.
5. Staff members designated to enforce development regulations shall take an oath of office.
6. Inspections. See §103.
7. Alternative staff arrangements. The Town may contract with an individual, company, council of governments, regional planning agency, metropolitan planning organization, or rural planning agency to designate an individual who is not a Town employee to work under the supervision of the Town to exercise the functions authorized by this section. The Town shall have the same potential liability, if any, for inspections conducted by an individual who is not an employee of the Town as it does for an individual who is an employee of the Town. The company or individual with whom the Town contracts shall have errors and omissions and other insurance coverage acceptable to the Town.
8. Financial support. The Town may appropriate for the support of the staff any funds that it deems necessary. It shall have power to fix reasonable fees for support, administration, and implementation of programs authorized by Chapter 160D and all such fees shall be used for no other purposes.

Amended January 21, 2021

1. The land use administrator shall be the designated staff charged with making determinations under the development regulation.
2. The land use administrator making the determination shall give written notice to the owner of the property that is the subject of the determination and to the party who sought the determination if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail. The notice shall be delivered to the last address listed for the owner of the affected property on the county tax abstract and to the address provided in the application or request for a determination if the party seeking the determination is different from the owner.

Amended January 21, 2021

1. In considering proposed changes in the text of this ordinance or the zoning map (including conditional zoning), the town board acts in its legislative capacity and must proceed in accordance with the requirements of Article XX.
2. Unless otherwise specifically provided in this ordinance, in acting upon conditional zoning requests or in considering amendments to this ordinance of the zoning map, the town board shall follow the regular voting, and other requirements as set forth in other provisions of the town code, the town charter or general law.
3. Conflict of Interest.
   1. A member of the Board of Commissioners shall not vote on any legislative decision regarding a development regulation adopted pursuant to Chapter 160D where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.
   2. A town board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
   3. Resolution of Objection. If an objection is raised to a board member’s participation at or prior to the hearing or vote on that matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.
4. A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's desire to avoid voting on matters to be considered at that meeting.
5. A roll call vote shall be taken upon the request of any member.
6. Minutes shall be kept of all board proceedings.

Amended January 21, 2021