Page 1 of 19 By-Laws of the Ashtabula County Planning Commission 25 West Jefferson Street Jefferson, Ohio 44047 Department of Community Services & Planning Adopted July 19, 1999 Originally Adopted June 30, 1957 Revised May 21, 1998 by Department of Planning & Community Services Revised June 1, 1999 Revised November 18, 2002 Revised Revised February 19, 2019
Page 2 of 19 Preamble (5/98; 10/99;11/02; 5/07;2/19) By virtue of a resolution adopted March 28, 1957, by the Board of County Commissioners of Ashtabula County, Ohio (the Board) the Ashtabula County Planning Commission (the Commission) has been established to carry out duties and responsibilities granted to a County Planning Commission pursuant to Section 713.22 of the Revised Code; and By virtue of a resolution adopted September 11, 1997 by the Board, the Ashtabula County Department of Planning (the Department) has been established, both to assist the Commission in carrying out its duties and responsibilities, and to assist the Board in carrying out duties and responsibilities granted to a Board of County Commissioners. By virtue of a resolution adopted August 8, 1997, by the Board, the Operating Policies and Procedures of the Ashtabula County Department of Planning have been adopted by the Board, and were last revised and adopted on September 28, 1999; and By virtue of a resolution adopted August 21, 1997, by the Commission, the establishment of the Department by the Board is endorsed and supported by the Commission; and In order to carry out the duties and responsibilities of a County Planning Commission authorized by the Resolution and the statutes of the State of Ohio, it is hereby determined to be necessary and desirable that the following By-Laws of the Commission be adopted. Article I: Mission, Powers, and Duties (1/93; 3/96; 5/98; 10/99; 11/02; 5/07) 1. Mission: 2. Powers: The Ashtabula County Planning Commission shall fairly and conscientiously lead the development and redevelopment of all territory within Ashtabula County toward the goal of achieving optimization of resources and improving the quality of life through the Public Planning Process. The Ashtabula County Planning Commission shall review plans of both the public and private sectors, which affect the physical and social environment of Ashtabula County, in accordance with authority granted to the Commission under Section 713.23 of the Ohio Revised Code, by resolution of the Board of County Commissioners, the Subdivision Regulations of Ashtabula County, and other acts of law. The Ashtabula County Planning Commission is vested with oversight authority to review and approve plans pertaining to the subdivision of land and associated site development as governed by the Subdivision Regulations of Ashtabula County.
Page 3 of 19 The Ashtabula County Planning Commission is vested with the statutory authority and right to review and recommend certain zoning actions, including text amendments and zoning district revisions of those townships of Ashtabula County having duly enacted zoning resolutions or plans. 3. Duties: The primary function of the Ashtabula County Planning Commission, in addition to those authorized as set forth under No.2 of this Article, is to participate in a leadership role in the compilation and drafting of thematic, district, general, and strategic land use plans undertaken by and for Ashtabula County, including the Official Ashtabula County Comprehensive Plan. The Commission shall also review and recommend upon such plans to the Board of County Commissioners and the Director of the Department of Planning (the Director). The Commission may also review and advise upon plans originating with and compiled by the Department of Planning. The Commission shall have authority to approve subdivisions of land without platting in accordance with Section 711.131 of the Ohio Revised Code. The Commission shall make recommendations concerning zoning text and map amendments for townships as set forth under No.2 of this Article and Article VI of these By-Laws; to recommend such amendments which reflect up-to-date legal precedent as determined by the Ashtabula County Prosecutor; and to recommend upon such changes affecting local zoning of townships, which advance the policies, goals, and strategic planning initiatives of the official Ashtabula County Comprehensive Plan.
Page 4 of 19 Article II: Members and Officers 1. Terms (4/59; 3/96; 10/99;11/02): The Ashtabula County Planning Commission shall consist of eight citizens of Ashtabula County who shall be appointed by the Ashtabula County Board of Commissioners as set forth in Section 713.22 of the Ohio Revised Code. All three members of the Board of County Commissioners shall also be members of the Commission. Appointed members shall serve for terms of three years, all concluding on March 31 of the year in which they expire, or until a successor is appointed, except that of the eight members first appointed, three shall be appointed for terms of two years and two shall be appointed for terms of one year. There shall be no limit on the number of terms members may serve, consecutively or otherwise. All members shall serve without pay. 2. Attendance (3/96; 10/99; 11/02; 5/07): Commission members shall attend all Commission meetings. Commission members unable to attend a Commission meeting shall notify the Department of Planning at least twenty-four hours prior to the scheduled start of the meeting, to the extent possible, and the Department shall then notify the Chair. 3. Conduct (3/96; 10/99; 11/02; 5/07): The Commission shall act as a body and not through its individual members. Commission members shall be free to speak publicly and express individual views and opinions as citizens on any issue considered by the Commission, but shall not presume to communicate in any official capacity, whether as a Commission member, for other Commission members, or for the Commission as a whole. The Commission may, however, appoint by majority vote, a spokesperson other than the Chair or Director of the Department of Planning to communicate or represent the official actions or views of the Commission on any issue related to their function and mission, powers, and duties as set forth in Article I of these By-Laws. In all other cases, the Chair, or the Director if approved by majority vote, may serve as spokesperson for the Commission.
Page 5 of 19 4. Chair (4/83; 1/93; 3/96; 5/98; 10/99; 11/02; 2/19): The Chair shall preside at all meetings of the Commission and, except to the extent as otherwise provided for in these By-Laws, shall sign all written contracts and obligations of the Commission. The Chair shall perform all duties typically incidental to the office, and such other duties as may from time to time be required or requested by the Commission. The Chair shall be a citizen member of the Commission and shall hold office until and including the first regular meeting in each January or until a successor is elected. A new Chair shall be chosen by majority vote of the Commission at its first regular meeting in each year. The Chair may be reelected any number of consecutive terms, but these By-Laws encourage frequent rotation of the Chair, generally of one to two year terms. If the Commission finds the Chair unable to perform his or her duties by reason of death, resignation, disqualification, or for other extraordinary cause, the Commission shall by majority vote remove the member holding the Chair position and elect a successor by majority vote at the next available meeting of the Commission. The successor to the Chair shall hold the office for the unexpired term of the Chairperson removed. A special meeting, as defined in Article V of these By-Laws, may be convened for purpose of removal of the Chair and election of a successor. 5. Vice Chair (4/83; 1/93; 3/96; 5/98; 10/99; 11/02): The Vice Chair shall assume all duties of the Chair in the absence of the Chair. The Vice Chair shall be a citizen member of the Commission and shall hold office until and including the first regular meeting in each January, or until a successor is elected. A new Vice Chair shall be chosen by majority vote of the Commission at its first regular meeting in each year. The Vice Chair may be reelected any number of consecutive terms, but these By-Laws encourage frequent rotation of the Vice Chair, generally of one to two year terms. If the Commission finds the Vice Chair unable to perform his or her duties by reason of death, resignation, disqualification, or for other extraordinary cause, the Commission shall by majority vote remove the member holding the Vice Chair position and elect a successor by majority vote at the next available meeting of the Commission. The successor to the Vice Chair shall hold the office for the unexpired term of the Vice Chairperson removed. A Special Meeting, as defined in Article V of these By-Laws, may be convened for purpose of removal of the Vice Chair and election of a successor. 6. Secretary of the Planning Commission (4/83; 1/93; 3/96; 5/98; 10/99; 11/02; 5/07): The Director of Planning shall serve as Secretary of the Planning Commission. The Director shall be appointed by the Board of County Commissioners and shall serve as set forth in the Operating Policies and Procedures of the Ashtabula County Department of Planning. The Director may assign some or all of the duties of the office to one or more employees of the Department, who shall in performance of such duties, report to the Director. The Director shall appoint a Recording Secretary to the Planning Commission from among the employees of the Department. The duties of the Recording Secretary shall be as set forth in No.7 of this Article, and shall include such clerical or administrative duties as assigned by the Director to be performed at times other than during a Commission meeting for the purpose of supporting the responsibilities of the Commission under these By-Laws. The Director in his or her capacity as
Page 6 of 19 Secretary of the Planning Commission shall serve as an ex-officio member of the Commission without voting privileges. The Director, and the Department in assistance to the Director, shall provide technical and administrative support and perform planning consultation to the Commission. The Director, representing the Department, may express an opinion concerning matters considered by the Commission within the scope of the Commission s Mission, Powers, and Duties as set forth under Article I of these By-Laws which differs from the position of a member of the Commission or that of the Commission as a body, without affecting any further course of action or consequence of the Commission, or the Director. 7. Recording Secretary to the Planning Commission (10/99; 11/02): The Secretary of the Planning Commission, as set forth in No.6 of this Article, may assign the duties of Recording Secretary as may be necessary to assist the Commission and the Director in conducting meetings and accomplishing the responsibilities of the Commission in accordance with these By-Laws or other regulations or laws. 8. Temporary Ex-Officio Members (10/99; 11/02): In the event an official of Ashtabula County government, most notably the County Prosecutor or his or her representative, is present at any Commission meeting for the purpose of participation in the business of the meeting in its entirety, as are Commission members and the Director, such official shall be considered a Temporary Ex-Officio Member of that particular meeting, and shall be permitted to interact with the Commission and the Director to assist the Commission in making its decisions. A Temporary Ex-Officio Member shall act as a professional advisor to the Commission similar to that of the Director. The Commission, Chair, or Director may request that a Temporary Ex-Officio Member be present at a Commission meeting. 9. Parliamentarian (10/99; 11/02; 5/07): One member of the Commission may be appointed by the Chair, with the consent of the member being considered, to act as Parliamentarian. The Parliamentarian shall be considered the Commission's expert in the rules and organization of deliberative assembly. The Parliamentarian may be called upon by the Chair to interpret Robert's Rules of Order and their usage as applied to the decorum and action of Commission meetings, and organization of the Commission consistent with these By-Laws. The Parliamentarian shall also assist the Chair with interpretation of these By-Laws and in determining proper order and procedure in fulfillment of the Commission's responsibilities. The Parliamentarian shall be appointed at and hold office until the first regular meeting in each January.
Page 7 of 19 Article III: Committees and Task Forces 1. Committees (3/96; 12/96; 10/99; 11/02): Committees of the Commission may be established for the purpose of studying and reporting back to the Commission or the Director with recommendations on matters requiring detailed review or analysis. A committee, except for a Committee-of-the-Whole, as defined under No.6 of this Article, shall consist of not more than five Commission members. All committee members shall be appointed by the Chair. Terms of committee members shall expire at the following first regular meeting in each January. A committee shall be either a Standing Committee or a Special Committee. Upon appointment, a committee shall convene and elect a Chair to serve until the following first regular meeting in each January, or until the committee is discontinued, whichever occurs first. Any Commission member may chair a committee. A committee recommendation to the Commission shall be non-binding upon the Commission or the Director. 2. Task Forces (3/96; 12/96; 10/99; 11/02; 5/07): Task Forces of the Commission may be established for the purpose of studying matters concerning planning within the scope of the Commission=s Mission, Powers, and Duties as set forth under Article I of these By-Laws. Task Forces shall report back to the Commission with recommendations and advice concerning those matters studied. A Task Force may include one or more members of the public and may include one or more Commission members as ex-officio Task Force members. Commission members are not required to participate, but are not prevented from participating in the work of a Task Force. All Task Force members shall be appointed by the Director and confirmed by the Commission. Terms of Task Force members shall expire at the following first regular meeting in each January. There shall be no standing Task Forces. All Task Forces shall be ad hoc, that is, temporary in nature and established to study a particular matter. Upon appointment, a Task Force shall convene and elect a chair to serve until the following first regular meeting in each January, or until the Task Force is dismissed, whichever occurs first. Any member of the public may chair a Task Force. The work of a Task Force shall be non-binding on the Commission or the Director. The Director=s recommendation incorporating the work of a Task Force shall be non-binding upon the Commission. 3. Meetings (3/96; 12/96; 10/99; 11/02): Under these By-Laws, meetings of committees and Task Forces shall be subject to the same notice requirements as Special Meetings of the Commission, except that action by a committee or Task Force shall not constitute action by the Commission. 4. Standing Committees (1/93; 3/96; 12/96; 5/98; 10/99; 11/02): Standing Committees shall be ongoing committees whose duties are continuous with those of the Commission. Standing Committee members shall be appointed annually at the first regular Commission meeting in each January. This Article establishes the following Standing
Page 8 of 19 Committees: Executive Committee: The Executive Committee shall guide policy of and provide direction to the Commission. Members of this committee shall include the Chair, Vice Chair, President of the Board of Commissioners or his or her designee, and two other Commission members not including a Board member appointed by the Chair. 5. Special Committees (3/96; 12/96; 10/99; 11/02): Special Committees may be established at any time by the Chair, with members appointed by the Chair, who may decline such appointment. Special Committees shall be temporary and projectspecific and shall be dismissed when a project is completed, or a matter resolved. All reports and recommendations of Special Committees shall be submitted in writing to the Commission and shall be non-binding upon the Commission or the Director. 6. Committees-of-the-Whole (3/96; 10/99; 11/02; 5/07): Committees-of-the-Whole may be established by the Chair or upon recommendation of the Director by majority vote of the Commission. A Committee-of-the-Whole shall be similar in nature to a Special Committee, except that a Committee-of-the-Whole should be reserved for those matters and issues which, while requiring more time and study than may be accomplished at a Regular Meeting of the Commission, also require time and study by more than a minority of Commission members. Action of a Committee-of-the-Whole shall not constitute action by the Commission, unless the meeting at which action is to be taken has been called for the purposes of action by both the Committee-of-the-Whole and the Commission. Article IV: Application for Commission Agenda 1. Preliminary Interdepartmental Review (10/99; 11/02; 5/07): An applicant who desires to present a proposal concerning the subdivision of land or other developmental undertaking that is subject to review of the Commission, shall participate in an Interdepartmental Review process prior to being placed on a Commission agenda. Administration, coordination, and technical review of all applications subject to Commission review shall be the responsibility of the Department of Planning under the direction of the Director. To convene a preliminary review, an applicant shall submit an application, the required number of plans, supporting documentation, fee, and other submission requirements as established under the Subdivision Regulations of Ashtabula County, to the Director, or his or her designee within the Department. 2. Submission Requirements (10/99; 11/02): Submission Requirements consist of the detailed lists of documents, drawings, and technical specifications compiled and maintained by the Director, consistent with State law and other duly adopted regulations, which shall be supplied by an applicant in order to make application for review by the Commission. Applications pertaining to zoning amendments and other case-types
Page 9 of 19 requiring Commission review, whose submission requirements are not enumerated under the Subdivision Regulations of Ashtabula County, shall submit such plans and supporting documentation as required by applicable law, or in the absence of applicable law, as reasonably determined by the Director for the respective matter at hand. 3. Coordination of Preliminary Review (10/99; 11/02): The Director, or his or her designee, shall forward an applicant=s plans and supporting documentation to appropriate County Departments and if necessary, to other agencies, for professional review and comments. Departments and agencies shall review and analyze plans from the perspective of each s individual area of expertise, with a full and complete reference to any and all applicable laws, rules, regulations, and policies, and/or his or her professional opinions pertinent to the issue involved. 4. Application Deadlines (3/96; 10/99; 11/02; 5/07): All applications to be reviewed by the Commission shall be made in writing and submitted to the Department of Planning according to deadlines set by the Director. An application shall be determined by the Director to be officially filed, as defined and set forth under the Subdivision Regulations of Ashtabula County, only if accompanied by applicable filing fees and meeting all requirements of the Ohio Revised Code, said Subdivision Regulations, and/or other applicable laws and regulations. Unless all documentation is complete and conforming to all applicable requirements, the Director shall not accept an application as officially filed and shall refuse to place the application on the agenda of a Commission meeting. No application shall be heard or reviewed by the Commission if the applicant has not complied with the above stated conditions. 5. Presentation by Person, Group, or Delegation (10/99; 11/02): Any person, group, or delegation wishing to schedule an appearance before Planning Commission shall direct a letter to the Director no later than seven days prior to the desired scheduled meeting stating the purpose of the appearance, approximate number of the group, and the name of its spokesperson. Such presentation shall be a public presentation whose subject matter shall pertain to those matters over which Planning Commission has authority, or matters on the Commission s agenda, or which concern planning in general and relevant to the general welfare in that regard. The spokesperson shall address the Commission only once during a meeting. He or she shall be permitted up to ten minutes to address the Commission, unless time is extended by the Chair or the Commission. The Commission shall be permitted to direct questions to the spokesperson through the Chair. If the subject the person, group, or delegation wishes to discuss is currently being considered by a committee of the Commission, the Director shall inform the committee chair of the request and shall also inform the person or group spokesperson of the date, time, and location of the next committee meeting. The person, group, or delegation may meet with the committee prior to presenting the discussion at a Commission meeting. A report of such meeting shall be filed with the Commission.
Page 10 of 19 Article V Meetings 1. Regular Meetings (4/83; 1/93; 3/96; 10/99; 11/02): Regular Meetings of the Commission shall normally occur monthly at a time and location as determined by the Commission. An annual schedule is normally prepared by the Department and approved by the Commission to communicate the expected schedule of Regular Meetings for each year. If the date of a Regular Meeting falls on a legal holiday, the meeting shall be held as soon as possible after that date. Regular Meetings shall be adjourned within one and one-half hours (1 ½). If necessary, a motion may be made to extend a Regular Meeting. If attendance by Commission members at a particular future Regular Meeting is expected to be a problem, the date, time, and/or location of that future Regular Meeting may be changed by motion and majority vote of the Commission members present at a Regular Meeting prior to that date. The Commission may at any time change the agenda of its Regular Meeting. 2. Special Meetings (3/96; 10/99; 11/02; 5/07): Special Meetings may be called by the Chair, by request of the Chair at the recommendation of the Director, or by any three members of the Commission. Special Meetings shall be reserved primarily for consideration of applications requiring additional time and space, or which otherwise cannot be handled at a Regular Meeting. The date, time, location, and agenda of a Special Meeting shall be determined by the Chair. Notice of a Special Meeting shall be posted as for a Regular Meeting, at least twenty-four hours prior to the scheduled starting time of the Special Meeting. Commission members shall be notified of a Special Meeting at least forty-eight hours ahead of such meeting, except as stated in No.4 of this Article. 3. Work Sessions (3/96; 10/99; 11/02): Work Sessions may be called by the Chair, by request of the Chair at the recommendation of the Director, or by any three members of the Commission. Work Sessions shall be reserved primarily for discussion of special planning or administrative issues meriting considerable attention. No business shall be conducted, nor shall any application be approved, nor shall any official decision be made at a Work Session. The date, time, location, and agenda of a Work Session shall be determined by the Chair. Notice shall be provided for as set forth in No.2 of this Article.
Page 11 of 19 4. Member Notification and Delivery of Agenda Packets (3/96; 10/99; 11/02; 2/19): The Department, as directed by the Director acting as Secretary of the Planning Commission, shall notify each Commission member by written notice of the date, time, location, and agenda of each Regular or Special Meeting, or Work Session through the most efficient method, as determined by the Director. The Department shall make its best effort to have agendas and supporting documentation delivered within five days in advance of such meeting. Such delivery of notification shall include plans and supporting documentation of each Commission agenda item, and other such information relevant to the agenda, as determined by the Director. In the case of a Special Meeting held in emergency circumstances, the Director shall notify members not less than one day prior to such meeting. The decision to notify and deliver the agenda and related items to Commission members as set forth immediately above by a means deemed more efficient for any particular meetingshall be reserved to the Director. The Director shall be responsible for determining the type and amount of documentation backing-up each item of the agenda of Regular Meetings, and in the case of Special Meetings and Work Sessions, in consultation with the Chair or the Commission. The Director shall be responsible for including all plans and documentation of applications to the Commission as prescribed by applicable law or regulation, and for determining the necessary plans and documentation so prescribed. Any and all other supplemental and informational documentation contained within the packets delivered to Commission members constituting notification and delivery of agenda packets under this Article shall be determined by the Director. Any Commission member may request additional or different information for any agenda item, but the sole responsibility for determining the sufficiency of documentation for each agenda shall rest with the Director. 5. Public Notification (10/95; 3/96; 10/99; 11/02; 2/19): The Department, at the direction of the Director, shall notify appropriate and sufficient local media by email or other effective means of the date, time, location, and agenda contents of each Commission meeting not less than twenty four hours prior to the starting time of a meeting. At the approximate time notification to members is dispatched, the Director shall cause to be posted the date, time, location, and agenda contents of each meeting at one or more public locations as determined by the Commission in consultation with the Director.
Page 12 of 19 6. Executive Sessions (3/96; 10/99; 11/02):. Executive Sessions of the Commission may be called by the Chair, by request of the Chair at the recommendation of the Director, or by any three members of the Commission. An Executive Session shall be for the purpose of discussing only pending litigation or other matters for which executive sessions are provided for by law. An Executive Session may be held during a Regular Meeting or Special Meeting, but not during a Work Session. An Executive Session shall commence and conclude by action of the Commission, and the minutes shall note only the times of commencement and conclusion, as well as the general purpose of the Executive Session. The agenda of a Regular or Special meeting shall note whether an Executive Session is to take place during that meeting. As a courtesy to the public, prior to the commencement of an Executive Session, the Chair shall notify those in attendance whether the Commission expects to take any action following conclusion of the Executive Session. All Executive Sessions shall comply with applicable laws. 7. Start of Meeting (5/98; 10/99; 11/02): a. Quorum (4/83; 3/96; 10/99; 11/02): Six members of the Commission shall constitute a quorum for conducting business at any Regular or Special Meeting. The concurring vote of a majority of those present shall be necessary to pass any motion. b. Call to Order (3/96; 10/99; 11/02): At the appointed starting time of each meeting, the Chair, or in the absence of the Chair, the Vice Chair, shall immediately call the Commission to order. In the absence of both the Chair and Vice Chair, the members shall elect a temporary Chair from those present to preside. c. Roll Call (3/96; 5/98; 10/99; 11/02): The Chair shall establish that a quorum is present. The Chair shall then direct the Recording Secretary to call the roll of the Commission, except that the Chair shall be called last. The Director shall also be called after the entire Commission is called. In the event an official of the County is present at the meeting in the capacity of Temporary Ex-Officio member, as set forth under Article II of these By-Laws, that individual shall be called immediately after the Director. The Recording Secretary shall enter the names of those present and absent in the minutes.
Page 13 of 19 8. Order of Business (3/96; 10/99; 11/02): Unless changed by motion and majority vote of the Commission, the following order of business shall apply to all Regular and Special Meetings: a. Roll Call (as set forth under No.7 of this Article) b. Approval of Minutes c. General Correspondence/Announcements d. Director's Report e. Swearing In f. Committee Reports g. Presentations by Person, Group, or Delegation h. Old Business i. New Business (Cases) j. Other Business k. General Public Discussion l. Adjournment
Page 14 of 19 9. Record of Proceedings (1/93; 3/96; 10/99; 11/02; 5/07): a. Minutes: The Commission shall maintain and file minutes of every meeting and work session. All minutes shall be part of the public record. The Recording Secretary shall be custodian of the minutes of the Commission, at the direction of the Director. All minutes shall be housed in the offices of the Department of Planning. The Chair and the Director shall sign the minutes upon approval by the Commission to certify that the minutes are a true and correct copy of the proceedings of the Commission. The Recording Secretary shall sign those minutes he or she has reduced to writing. The minutes shall note those members present and absent, times of commencement and conclusion, the vote of each member present on all actions and motions considered, all withdrawals from participation by members or others present, including the time leaving and entering the meeting and other necessary information as determined by the Commission.. The Commission may set general parameters of the extent of detailed information concerning the proceedings that they wish to have recorded in the minutes, up to and including verbatim summary as set forth under this Article. b. Verbatim transcription: For any meeting the Commission determines it necessary, the minutes may be transcribed by a professional court reporter to reflect the full testimony and evidentiary matters discussed during any meeting. All expenses of a court reporter shall be paid by the Commission from its annual budget as approved by the Board of Commissioners, or by other arrangement as agreed to by the Commission, the Board, and/or the Director, if necessary. 10. Oath (3/96; 10/99; 11/02): When required by law, or if desired by the Commission, an oath shall be required of any person, other than Commission members, the Director and members of the Department acting under the direction of the Director, and attorneys at law licensed in the State of Ohio, who gives testimony on matters to be voted upon by the Commission. The Chair or an attorney representing the Commission shall swear in such witnesses in an appropriate manner. 11. Discussion and Review of Cases (3/96; 10/99; 11/02; 5/07): All applications or matters, which require a vote of the Commission, shall be termed Cases for the purposes of Preliminary Departmental Review, as set forth under Article IV of these By- Laws, scheduling, archiving and retrieval, and public information. At any meeting, discussion and review of each Case may proceed as determined by the Commission, but generally will follow in the following order:
Page 15 of 19 The caption for the Case as appearing on the agenda is read aloud by the Recording Secretary. Director's/Department Comments Temporary Ex-Officio Official Comments Applicant's Testimony Commission Discussion Decision 12. Witnesses (3/96; 10/99; 11/02; 5/07; 2/19): The Chair may limit the number of times or the length of time a witness may speak to five minutes. The Chair may, when appropriate, rule a speaker, including a Commission member, out of order consistent with Roberts Rules of Order, Newly Revised. 13. Protocol (10/99; 11/02): All remarks shall be addressed to the Commission as a body and not to any member individually. No person, other than the Commission and the person having the floor, shall be permitted to enter any discussion, either directly or through a member of the Commission without the permission of the Chair. No question shall be directed to a Commission member except through the Chair. 14. Order of Business, Special Meetings and Work Sessions (3/96; 10/99; 11/02): The order of business of Special Meetings and Work Sessions shall be determined by the Chair. Article VI Acts and Decisions (1/93; 3/96; 10/99; 11/02; 5/07): 1. Robert's Rules of Order All proceedings of the Commission at all meetings, with the exceptions of Executive Sessions and Work Sessions, shall follow Robert's Rules of Order, Newly Revised, except as otherwise provided for under this Article.
Page 16 of 19 2. Procedure: Any member, except the Chair, may make a motion. The motion shall include the member's summary of his or her opinion supporting the motion. A second shall be required to permit the Commission to discuss the content and probable result of the motion. Any member except the Chair may second a motion. Discussion constituting the Commission's deliberation of the matter may occur prior to the motion and second to consider the matter on its merits. Any member excluding the Chair may move to amend the motion with a second by any member including the Chair with additional supportive findings required. The concurring vote of a majority of those present shall be necessary to include any amendment of a motion before consideration. A motion or amendment shall fail for lack of a second. A motion or amendment may be withdrawn only by the member making the motion or amendment. A second need not be withdrawn if a motion or amendment is withdrawn. 3. Action: a. Subdivision Approval: For cases involving review of subdivision plans, the Commission shall either entertain a motion to approve, approve with conditions or modifications, disapprove the application, or announce a date at which time the Commission shall render its decision. The Commission may withhold action on an application until such time as the applicant may agree. b. Township Zoning Amendment: For cases involving a recommendation to a township regarding zoning text or map amendments, the Commission shall either recommend approval, recommend approval with comments, recommend disapproval, or announce a date at which time the Commission shall render its recommendation. 4. Protocol: When requested by a Commission member, a roll call vote shall be in order. The Chair shall request that the Recording Secretary call the roll call vote on the question. Unless a roll call vote is requested by a Commission member, a motion may be approved by unanimous verbal consent. Minutes shall reflect that a roll call vote was taken and the results, as set forth under Article V of these By-Laws. When a motion has failed, a member of the initial majority may make a subsequent motion toward a different decision, and the question on that motion shall be conducted as set forth under No.3 of this Article.
Page 17 of 19 5. Voting by Chair (or Member Acting as Chair): The Chair shall vote on all motions unless the Chair wishes to abstain as set forth under No.6 of this Article, or has a conflict of interest as set forth under No.7 of this Article. 6. Abstentions: (Repealed 2/19) 7. Conflict of Interest: A member who believes he or she has a direct or indirect conflict of interest, whether personal, financial, or otherwise, which may cloud his or her judgment in a matter before the Commission requiring a decision, may notify the Chair at any time during a meeting, but before discussion of the matter commences, that the member believes such a conflict exists. The member should ask to be excused from discussion of the matter and the proceedings until the matter is decided upon by the remainder of the Commission. A member believing his or her objectivity may be compromised concerning the deliberation of any matter to be heard by the Commission may request to be excused prior to the meeting when the matter is expected to be heard either in writing or by another method. 8. Representation Requested (10/99; 11/02): The applicant, or the applicant s representative or agent, should present his or her application at a Commission meeting for which the applicant s Case is scheduled and for which notice has been given to the applicant and the public. No application shall be reconsidered after having been acted upon the merits, unless either having been referred back to the Commission by the Board of Commissioners, by action of law, or having been significantly amended in the opinion of the Director after disapproval by the Commission in accordance with Section 711.10 of the Ohio Revised Code, and therefore constituting a new and distinct plan or plat. 9. Alteration of the Application (10/99; 11/02): No application, upon being presented and heard by the Commission, shall be altered by the applicant orally or in writing during the course of a meeting, unless requested by the applicant and agreed to by majority vote of the Commission. Such alteration or modification of the contents of a plan or application of any type, shall be presented to the Director in conformity with the Commission s approval. 10. Decision Signed by Director (3/96; 10/99; 11/02; 5/07): The Director shall produce a written document describing the decision rendered by the Commission in an appropriate format, which shall set forth the findings of the Commission. The Director may direct the Recording Secretary or any employee of the Department of Planning concerning the preparation of this document. The Director shall sign said documentary instrument and file it with the approved copy of the minutes of the meeting when the decision
Page 18 of 19 was rendered. The Director shall cause a copy of the document to be mailed to the applicant, and may also send copies to other parties. The Director shall sign the document certifying that it reflects the true and correct decision of the Commission. The decision of the Commission shall be final as of the date the document is signed by the Director. 11. Clarification (11/02): In the event a Planning Commission member questions the interpretation of a decision made during a regular Planning Commission meeting, said member must bring the question before the entire Commission for Reconsideration on or before the next regular meeting and/or approval of the minutes of the proceedings of the meeting when the action was taken. In the event a Planning Commission member questions the interpretation of a decision after the opportunity for Reconsideration by the entire Commission has passed, the question shall be considered by the entire Commission if the applicant files a new case asking the question. In the event a Planning Commission member or the applicant questions the interpretation of the conditions of approval of a decision after the opportunity for Reconsideration by the entire Commission has passed and the minutes recorded, the question on the merits of such case shall be considered by the entire Commission by hearing a new application filed by the applicant. In such circumstance, the application shall consist of the exact same documentation as the original case was filed. Article VII Amendments of By-Laws (3/96; 10/99; 11/02): Any member of the Commission may submit proposed amendments to these By-Laws by submitting either a copy of the proposed amendment, or a petition signed by at least three members setting forth the proposed amendment to the Director not less than seven days prior to the date of the next Regular Meeting of the Commission. Upon such submission, the Director shall within five days of that next Regular Meeting forward a copy of such proposed amendment to all Commission members, indicating that consideration of the proposed amendment shall take place at that next Regular Meeting. A quorum of the entire Commission shall be required to adopt a proposed amendment. An amendment shall be effective as of the date of adoption.
Page 19 of 19 Article VIII Repeal of Previous By-Laws and Regulations (4/83; 1/93; 3/96; 5/98; 10/99; 11/02; 5/07, 2/19): All By-Laws and other rules and regulations previously adopted by the Ashtabula County Planning Commission are hereby repealed and declared void and of no further effect. Approved as to legal form: Nicholas A. Iarocci Ashtabula County Prosecuting Attorney