The following Boards and Commissions are hereby established:

•

Planning Board

•

Zoning Board of Adjustment

•

Technical Review Committee

(The list above is not intended to serve as an all inclusive list of the Town's citizen boards, but rather those that are under the purview of the Town of Wendell Planning Department.)

The authority to establish a Planning Board for the Town of Wendell is granted under the authority of G.S. 160D-301 and 160D-604.

A.

Authority and Responsibility

The Planning Board shall have the following duties and responsibilities:

1.

To review and make a recommendation on Text Amendments and Rezonings (including Conditional Districts).

2.

To render opinions and make recommendations on all issues and petitions related to the Ordinance and other land use plans which may be adopted from time to time which require approval by the Board of Commissioners.

B.

Membership and Terms of Office

1.

The Planning Board shall consist of a total of nine members. In accordance with G.S. 160D-307, the total membership of the Planning Board shall be proportional to the population of residents of the Town of Wendell and residents in the ETJ area with at least one member being a resident of the ETJ. Population shall be determined by best available U.S. Census/GIS Data. The population estimates for this calculation shall be updated no less frequently than after each decennial census.

2.

Representatives from within the corporate limits shall be appointed by the Wendell Board of Commissioners. Representatives from the ETJ area shall be recommended by the Wendell Board of Commissioners to the Wake County Board of Commissioners for appointment. ETJ representatives shall be entitled to cast votes on all matters coming before the Planning Board.

3.

In-town members shall be appointed for three-year staggered terms. ETJ representatives shall be appointed for a two-year term. A member may be reappointed for a consecutive term, but after two consecutive terms a member shall be ineligible for reappointment until one calendar year has elapsed from the date of the termination of his or her second term.

4.

In the case of a vacancy occurring during a term, such vacancy shall be filled for the unexpired portion of such term. If the unexpired portion of a vacated position is equal to or less than one year, the applicant filling that term may be re-appointed for two additional three year terms. Otherwise, the applicant filling the position is only eligible for one additional three year term.

5.

The Planning Board shall elect a Chairperson and Vice-Chairperson who shall serve one-year terms (July through June or until their replacement is appointed) and may be elected to serve additional one-year terms. The Chair and Vice-Chair are able to vote in all instances unless a conflict of interest arises on a particular issue.

C.

Application Process for Advisory Boards

1.

The Town Clerk advertises opportunities for service at the beginning of each year. Interested citizens fill out applications for nomination deadline and return them to the Town Clerk. The Town Clerk enters all of the applications into a tracking table, which lists the names of citizens and the boards for which they wish to apply. This document is an internal document used by the Clerk's staff for tracking purposes. A letter is sent to applicants acknowledging receipt and thanking them for their application.

2.

The Town Clerk fills out the advisory board vacancies chart, which lists boards with openings and the schedule for consideration of appointment by the Board of Commissioners. This chart is an internal document used by the Clerk's staff for tracking purposes.

3.

Applicants will receive notification acknowledging receipt of their application and noting an approximate schedule of appointments by the Board of Commissioners.

4.

Voting on advisory committee board appointments will be done by written ballot in conformance with the Rules of Procedure approved by the Board of Commissioners. Applicants must receive an affirmative vote from a majority of the Board members present and voting to be appointed. After each round of balloting, votes will be counted to determine if sufficient votes have been received by candidates for appointment.

(Ord. No. O-07-2021, § 2, 2-22-2021; Ord. No. O-11-2021, § 2, 3-22-2021)

The authority to establish a Zoning Board of Adjustment for the Town of Wendell is granted under the authority of G.S. 160D-302.

A.

Authority and Responsibility: The Zoning Board of Adjustment shall have the following duties and responsibilities:

1.

Administrative review: To hear and decide any appeal from and review any order, requirement, decision, or determination made by the Administrator or the Technical Review Committee.

2.

Variances: To authorize on appeal any variances from the terms of this Ordinance as will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Ordinance.

B.

Membership and Terms of Office

1.

The Board of Adjustment shall consist of seven members. Five members shall reside within the Town and shall be appointed by the Town Board of Commissioners. Upon recommendation by the Board of Commissioners, the Wake County Board of Commissioners shall appoint at least one member who resides in the extraterritorial jurisdiction area. The number of ETJ members shall be proportional to the population of residents of the Town of Wendell and residents in the ETJ area. The population estimate for this calculation shall be updated no less frequently than after each decennial census. If the Wake County Board of Commissioners fails to appoint these two members within 90 calendar days after receiving the resolution from the Town, the Town Board of Commissioners shall make the appointments.

2.

Members at Meetings: The Zoning Board of Adjustment meeting shall consist of five members, with four of the seated members representing the jurisdiction within the municipal corporate limits, and one seated member representing the ETJ. A quorum of the Zoning Board of Adjustment shall consist of three members. However, no decision regarding a variance, zoning interpretation, or appeal shall be held with less than five members in attendance.

3.

Terms of office: Appointment to the Board of Adjustment shall be as follows:

a.

All new terms shall be for three years and members may be re-appointed. Members may serve a maximum of two consecutive terms but may be re-appointed after a one year absence.

b.

In the case of a vacancy occurring during a term, such vacancy shall be filled for the unexpired portion of such term. If the unexpired portion of a vacated position is equal to or less than one year, the applicant filling that term may be re-appointed for two additional three-year terms. Otherwise, the applicant filling the position is only eligible for one additional three-year term.

4.

Officers and Terms: The Board of Adjustment shall elect a chairman and vice-chairman for one-year terms (July to June or until their replacements are elected). All officers shall be elected for one year and may be eligible to succeed themselves for an additional term. No officer shall serve more than two consecutive one-year terms. Officers shall be eligible to vote on decisions before the Board of Adjustment.

5.

Chairperson and Authority: The Chairman of the Board of Adjustment is authorized in his official capacity to administer oaths to witnesses in any matter coming before the Board. Any member of the Board while temporarily acting as chairman shall have and exercise like authority.

C.

Application Process

(See 14.2.C, Application Process for Advisory Boards.)

(Ord. No. O-07-2021, § 2, 2-22-2021; Ord. No. O-11-2021, § 2, 3-22-2021)

The authority to establish the Technical Review Committee for the Town of Wendell is granted under the authority of G.S. 160D-301 and 160D-803.

A.

Authority and Responsibility: The Technical Review Committee shall have the following duties and responsibilities:

1.

To assist in the establishment of technical requirements for all applications, including: submission schedules, size and number of drawings, type of media, etc.;

2.

To review and approve major site plans and preliminary plans for compliance with this Ordinance. In determining compliance with this Ordinance, the TRC may take the following actions:

a.

Approve the site plan or preliminary plat as submitted (or with changes agreed to by the applicant at the meeting); or,

b.

Deny the site plan or preliminary plat for non-compliance with this Ordinance; or,

c.

Make recommendations to be considered by the applicant upon re-submittal to ensure compliance with this Ordinance; or,

d.

Conditionally approve site plans or preliminary plats subject to final review by the Administrator; or,

e.

Table the site plan or preliminary plat for further study or additional information.

B.

Membership: The Technical Review Committee shall be chaired by the Planning Director (or their designee) and may consist of the following members:

1.

The following Departments Heads or their designee:

a.

Planning

b.

Utilities (CORPUD)

c.

Fire

d.

Public Works

e.

Police

f.

Parks & Recreation

2.

The following technical staff (as selected by the Planning Director as needed or on a project by project basis):

a.

Planner

b.

Engineer

c.

Zoning Official

d.

Town Attorney

e.

Emergency Medical Services

f.

Other Town of Wendell Departments

g.

Wake County

h.

NCDOT

i.

Other NC State and/or Federal agencies

j.

Other technical review personnel

(Ord. No. O-07-2021, § 2, 2-22-2021; Ord. No. O-07-2022, § 1, 2-14-2022)

A.

All meetings of bodies under this Ordinance shall be open to the public in accordance with G.S. 143-318 (Meetings of Public Bodies) and shall be conducted in accordance with the procedures set forth in these regulations and rules of procedure adopted by the respective bodies and approved by the Board of Commissioners.

B.

Any adopted rules of procedure shall be kept on file at the Planning Department and shall be made available to the public.

C.

Accurate minutes of each meeting shall be maintained, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and it shall keep records of its examinations and official actions, all of which shall be filed in the office of the Administrator for the public record.

D.

All bodies authorized under this Ordinance shall meet at regularly scheduled times and at such other times as determined by the chairman as provided for in the rules of procedure.

E.

Town employees are prohibited from serving on citizen boards. Likewise, spouses and children of any board member may not serve on the same board together.

F.

Members of appointed boards shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this Chapter 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.

G.

Quasi-Judicial Decisions. A member of any board exercising quasi-judicial functions pursuant to this Chapter 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 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.

H.

Resolution of Objection. If an objection is raised to a board member's participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.

I.

Representation proportional representation on citizen boards shall be based on the population of residents in the Extraterritorial Jurisdiction (ETJ) by appointing at least one resident of the ETJ to the planning board, board of adjustment, appearance commission, and the historic preservation commission (if there are historic districts or designated landmarks in the extraterritorial area).

(Ord. No. O-11-2021, § 2, 3-22-2021)

The Administrator or their designee shall serve as staff to the Planning Board, Zoning Board of Adjustment, and the Technical Review Committee. In addition, the Town Attorney may provide legal and procedural assistance when requested.

Any member of a Board or Commission who misses three meetings held by the board during any 12-month period may be removed from the board by the Board of Commissioners. Vacancies resulting from a member's failure to attend the required number of meetings shall be filled as provided. The Chairman of the board or commission shall notify the proper appointing authority after a member misses three meetings in any 12-month period or fails to meet their expected contribution, and a new appointment may be made by the Board of Commissioners to fill that vacancy.