CHAPTER 2-19 PLANNING COMMISSION

Transcription

1 CHAPTER 2-19 PLANNING COMMISSION (Ordinance of ; Amended , , 12/16/04, /O ; /2#O ; /#O ; O# /061517) Short title. This ordinance may be cited as the "Glynn County Planning Commission Ordinance; or "Planning Ordinance." Glynn County Planning Commission. There is hereby created two Planning Commissions to be known as the Mainland Planning Commission and the Islands Planning Commission, both of which shall be deemed to be an agency of Glynn County, which are hereafter referred to in this Ordinance as the "Commission" or Commissions. The Mainland Planning Commission may exercise the powers set out in this Ordinance as to any property located within Glynn County, Georgia except on St. Simons Island, Little St. Simons Island or Sea Island. The Islands Planning Commission may exercise the powers set out in this Ordinance as to any property located within Glynn County, Georgia on St. Simons Island, Little St. Simons Island or Sea Island ( for purposes of this Ordinance, defined as being those lands east of the Atlantic Intracoastal Waterway) Determination of Need for the Commissions. It is hereby determined and declared that due to the present and projected growth in Glynn County, Georgia, it is necessary to establish two planning commissions to develop a comprehensive plan for the future development of the unincorporated area of Glynn County; to protect established neighborhoods from incompatible commercial uses and inappropriate residential densities; to preserve significant historical structures and archaeological sites; to protect existing scenic or recreational values; to allocate land area for commercial development and support services; to accommodate an amount and rate of development in appropriate locations consistent with the ability of Glynn County to provide necessary public facilities and services; to provide sites and opportunities for housing in order to maintain socio-economic diversity; to study and make

2 recommendations as to future transportations needs in Glynn County; to maintain and protect environmental, scenic regional values. It is further determined and declared that the establishment of such Commissions is necessary and essential to insure the welfare and convenience of citizens of Glynn County and the State of Georgia and to insure the proper economic development of Glynn County Members of Commission and Terms of Office. (Amended May 3, 2007; #O ) Mainland Planning Commission. The Mainland Planning Commission shall be composed of seven (7) members appointed by the Board of Commissioners. No person shall be eligible for membership on the Commission who holds an elected County, City, State or any municipal office. The members shall be appointed by the Board of Commissioners to terms of four (4) years. The term of each member shall run concurrently with the term of the individual District or At-Large Commissioner that nominated the member. Members shall serve until their respective successors are appointed and qualified. No member shall serve more than two (2) successive terms, except that any term less than four (4) years shall not count as a term towards this limit. An individual may serve additional successive terms provided that there has been a period of at least one (1) year since the end of their last term on either Planning Commission. Those persons who are serving as members of the Mainland Planning Commission on May 1, 2007, shall have their current term expire on the same date as the current term of that member of the Board of Commissioners representing the County Commission District or At-Large Post corresponding to their Mainland Planning Commission seat. All appointments to the Mainland Planning Commission shall be made by the Board of Commissioners following nomination of a person made by that member of the Glynn County Board of Commissioners representing the County Commission District or At- Large Post corresponding to the Mainland Planning Commission seat to be filled. Any person so nominated shall be a resident of Glynn County except St. Simons Island, Little St. Simons Island or Sea Island, and, if possible, the Board of Commissioner s District which corresponds to the Islands Planning Commission seat being filled. In the case of nominations made by Commissioners serving At-Large Posts, the nominee shall be a resident of Glynn County except St. Simons Island, Little St. Simons Island or Sea Island. All successive appointments shall be made upon nomination of the Commissioner serving the same Board of Commissioners District or At-Large Post served by the Commissioner who nominated the

3 appointee whose term is or will be expired. Islands Planning Commission. The Islands Planning Commission shall be composed of seven (7) members appointed by the Board of Commissioners. No person shall be eligible for membership on the Commission who holds an elected County, City, State or any municipal office. The members shall be appointed by the Board of Commissioners to terms of four (4) years. The term of each member shall run concurrently with the term of the individual District or At-Large Commissioner that nominated the member. Members shall serve until their respective successors are appointed and qualified. No member shall serve more than two (2) successive terms, except that any term less than four (4) years shall not count as a term towards this limit. An individual may serve additional successive terms provided that there has been a period of at least one (1) year since the end of their last term on either Planning Commission. Those persons who are serving as members of the Islands Planning Commission on May 1, 2007, shall have their current term expire on the same date as the current term of that member of the Board of Commissioners representing the County Commission District or At-Large Post corresponding to their Islands Planning Commission seat. All appointments to the Islands Planning Commission shall be made by the Board of Commissioners following nomination of a person made by that member of the Glynn County Board of Commissioners representing the County Commission District or At- Large Post corresponding to the Islands Planning Commission Seat to be filled. Any person so nominated shall be a resident of St. Simons Island, Little St. Simons Island or Sea Island, Glynn County, Georgia, and, if possible, the Board of Commissioners District which corresponds to the Islands Planning Commission Seat being filled. In the case of nominations made by Commissioners serving At-Large Posts, the nominee shall be a resident of St. Simons Island, Little St. Simons Island or Sea Island, Glynn County, Georgia Election of Officers, Quorum, By-Laws, Procedures and Meetings. (#O ) After the appointment of all members as hereinabove set out, the full membership of the Commission shall meet as soon as practicable and shall elect one of its members as Chairman and one as Vice-Chairman, each of whom shall continue as voting members, to serve in such position for the succeeding

4 year and until their successors are elected. The Chairman shall preside over meetings of the Commission and the Vice- Chairman shall preside in his absence, and they shall have such other powers, duties and responsibilities as are set out elsewhere in this Ordinance. The Commission shall also designate a Secretary who shall keep the minutes and records of the Commission, but who need not be a member of the Commission. A majority of the members of the Commission shall constitute a quorum. The affirmative vote of four members shall be necessary for the transaction of any business at a meeting. The Commission shall, as soon as practicable, adopt its own bylaws, rules of procedure and rules of conduct of its business which shall be approved by the Board of Commissioners prior to their effective date. The Planning Commissions shall meet in accordance with a schedule established by the Board of Commissioners and all said meetings shall be deemed to be regular meetings of the Planning Commissions. The Planning Commissions may meet at other such times as it may deem necessary. All meetings of the Commission shall be public meetings except as provided for in O.C.G.A to , as amended Compensation of Members. The members shall be entitled to compensation for their services at the rate of $200 per month, and shall be reimbursed from budgeted funds of the Commission for their actual expenses properly incurred in the performance of their duties. (Amended 12/21/06/#O ) Vacancies on Commission. If a vacancy on the Commission occurs by reason of death, resignation, removal of residency beyond the County or otherwise, the vacancy shall be filled by the Board of Commissioners of Glynn County, and the person so appointed shall serve for the remainder of the unexpired term Removal of Members. (a) For Cause: Any member may be removed from office for good cause affecting his ability to perform his duties as a member, for misfeasance, malfeasance or nonfeasance in office, or for violating the conflicts of interest provisions of this Ordinance, by vote of a majority of the Board of Commissioners of Glynn County. Prior to removal of any member of the Commission, the members shall be furnished with a written notice of the

5 charges against him and shall be afforded an opportunity for hearing after reasonable notice served personally or by mail. The hearing shall include time, place and nature of the hearing. The member so charged shall be given the right to present evidence in his own behalf and only after a finding by a majority of the Board of Commissioners of Glynn County, that good cause for removal exists, i.e., misfeasance, malfeasance or nonfeasance in office, or that the member violated in a specific manner the conflicts of interest provisions of this Ordinance, may a member be removed. A record shall be kept in all contested matters. (b) Automatic Termination: As an alternative to Subparagraph (a), above, a members term shall automatically end six (6) months after the ending date of the nominating Commissioner s term of office Conflicts of Interests. No member of the Commission or officer thereof shall vote on or otherwise represent or act on behalf of the Commission in connection with any matter pending before the Commission which he is financially interested, either directly or indirecty or in which any person related by blood or marriage has a financial interest. A financial interest as used in this Ordinance shall be construed to include not only present interest, but also possible future financial interest. It shall be the duty of each member of the Commission to disclose any potential conflict of interest which shall be recorded in the minutes of the Commission. Any violation of this Section by a member of the Commission shall be grounds for removal pursuant to Section 8 of this Ordinance. Any violation of this Section by any officer of the Commission shall be grounds for removal by the Board of Commissioners of Glynn County Powers of the Commissions. The Commissions shall possess, subject to the conditions and limitations set out elsewhere in this Ordinance, all other permissible powers necessary or convenient for it to accomplish the purposes of this Ordinance within its jurisdiction, including the following specific powers: a) To adopt and alter a commission seal; b) To recommend zoning regulations to the County;

6 c) To make application in the name of Glynn County to any federal or state agency or to any other source, public or private, for grants or other financial assistance in the aid of the zoning and land use planning, and to accept in behalf of the County and use same upon such terms and conditions as are prescribed by the federal or state agency or other source; d) To utilize the services or property of any department of the County or other County personnel and the use by the Commission authorized by the County; e) To plan, develop and recommend and upon approval by the County, implement procedures for comprehensive land use planning and zoning matters. f) To promulgate fees, or other charges for zoning matters to accomplish the purposes set out in this Ordinance upon approval by the County; g) To select, supervise and coordinate with any consultant or consultants the preparation of any development, financial, or master plans for Glynn County. h) To represent the interest of the County before any governmental agency having jurisdiction over zoning and land use matters. i) To prepare and submit to the County an annual budget for the operation of the Commission. Upon the approval of the budget, the Commission shall have the authority to make any and all expenditures listed therein. j) To adopt, alter or repeal its own by-laws, rules and regulations with the approval of the Board of Commissioners governing the matter in which its business may be transacted and in which the powers and duties granted to it may be enjoyed as the Commission may deem necessary or expedient in facilitating the business of the Commission. k) To exercise all administrative powers and duties that could be exercised by the County in the operation of a similar enterprise which powers are not in conflict with the Constitution and laws of the State of Georgia. This Ordinance shall not be construed as having delegated to the Commission any legislative authority of the County, however, the duties of the Commission shall be deemed to include all those powers necessary and incidental to the operation of a planning agency and the Commission shall be construed as an operating

7 agency of the County. (O# ) Property of Commission deemed to be Public Property. It is hereby declared that all property of the Commission, held pursuant to the terms of this Ordinance, whether real of personal, tangible or intangible, and of any kind or nature and any income or revenue therefrom, is held for an essential public and governmental purpose on behalf of the County and all such property is deemed to be property of the County Immunity from Certain Liability. The Commission shall be construed to be a part of Glynn County and shall have the same immunity and exemption from tort liability and negligence as the County, and the members, officers, agents and employers of the Commission in the performance of the work of the Commission shall have the same immunity and exemption from tort liability and negligence as the officers, agents and employees of the County when in the performance of their public duties or work of the County. The County shall maintain liability insurance covering the Commission, its members and employees Severability should any Portion of Ordinance Be Held Invalid. The terms and provisions of this Ordinance are severable Should any section, subsection, sentence, clause or phrase of this Ordinance, or the application thereof to any person or phrase of this Ordinance, or the application thereof to any person or circumstances for any reason be held by a court of competent jurisdiction to be invalid or void, the validity of the remainder of this Ordinance, or the application of such provision to other persons or circumstances, shall not be affected thereby to the extent that any remaining portion of the Ordinance may reasonably be given effect without the invalid or void portion Amendment. This Ordinance may be amended from time to time, but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Commissions for review and recommendation. The Commissions shall submit their report within thirty (30) days after receiving an amendment proposal from the Board of Commissioners, otherwise said amendment proposal shall be deemed approved by the Commissions or by the Commission that fails to timely submit its report. Any amendment

8 hereto which only effects an area within the jurisdiction of one of the Commissions need only be proposed by or submitted to the Commission having jurisdiction in that area. Before enacting an amendment to these regulations, the County shall hold a public hearing thereon, notice of which shall be published at least fifteen (15) days prior to such hearing in a newspaper of general circulation in Glynn County Effective Date. This Ordinance shall become effective upon June 20, Repeal of Conflicting Laws. All ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed.