Chapter 2.28
PLANNING AND ZONING COMMISSION
Sections:
2.28.010 Established--Appointment--Planning and zoning commission authorized.
2.28.050 Officers--Appointment--Duties.
2.28.090 Conflict of interest--Voting.
2.28.100 Public meetings--Minutes.
2.28.110 Rules of proceedings.
2.28.130 Formal acts by resolution.
2.28.150 Duties and responsibilities.
2.28.010 Established--Appointment--Planning and zoning commission authorized.
A planning and zoning commission is established consisting of seven members. The commission shall be appointed by the mayor subject to confirmation by the borough assembly. (Ord. 2014-03 §3, 2014: Ord. 91-2 §1(part), 1991).
2.28.020 Term of office.
Commissioners serve at the pleasure of the borough assembly. Members of the planning and zoning commission shall be appointed for a term of three years. (Ord. 2014-03 §4, 2014: Ord. 91-2 §1(part), 1991).
2.28.030 Qualification.
A borough resident is eligible to be planning and zoning commissioner if he/she has resided in the borough immediately prior to appointment and is a qualified voter of the borough. (Ord. 91-2 §1(part), 1991).
2.28.040 Compensation.
The planning and zoning commission shall be paid seventy-five dollars per month and an additional sum of seventy-five dollars per day for each authorized planning and zoning meeting, any preauthorized workshop or board meeting representing the borough. (Ord. 2018-04 (part), 2018: Ord. 91-2 §1(part), 1991).
2.28.050 Officers--Appointment--Duties.
Immediately after their appointment, the members of the planning and zoning commission shall meet and organize by electing one of their members chairperson and another as vice-chairperson to serve for a term of one year and until the successor of each takes office.
A. Chairperson. The chairperson shall preside at all meetings of the commission. He/she shall appoint all committees and shall perform the duties necessary or incidental to its office.
B. Vice-chairperson. The vice-chairperson is chairperson in the absence of the chairperson or in case of the inability of the chairperson to act. (Ord. 91-2 §1(part), 1991).
2.28.060 Removal--Vacancy.
A member of the commission may be removed by a majority vote of the borough assembly or by the mayor with the approval of the assembly. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term.
A. A vacancy shall be declared when a member:
1. Fails to qualify and take his/her office within thirty days after his/her confirmation by the assembly;
2. Departs from the borough with the intent to remain away for a period of ninety or more days or is physically absent from the borough for a period of ninety or more days;
3. Submits his/her resignation and the resignation is accepted by the mayor;
4. Is physically or mentally unable to attend commission meetings for a period of more than ninety days;
5. Misses three or more consecutive regular meetings, unless excused by the commission; and
6. Is convicted of a felony or of an offense involving a violation of his/her oath of office. (Ord. 91-2 §1(part), 1991).
2.28.070 Meetings.
The planning and zoning commission shall establish a regular place of meeting and shall hold at least two meetings in each calendar quarter. Special meetings may be called by the presiding officer or at the request of four members. All meetings shall be open to the public and notice shall be posted no less than two days prior to the meeting date. (Ord. 2014-03 §5, 2014: Ord. 96-11 §1, 1996: Ord. 91-2 §1(part), 1991).
2.28.080 Quorum.
Four members shall constitute a quorum. Any act of the commission requires a quorum and the affirmative vote of a majority of members present and voting, and in no event fewer than two affirmative votes. Every member who is present when a question is put, where he/she is not disqualified under the revisions of Chapter 2.15 of this code, shall vote. Members who are present but are excused from voting shall be counted for purposes of a quorum. (Ord. 2014-03 §6, 2014: Ord. 91-2 §1(part), 1991).
2.28.090 Conflict of interest--Voting.
The commission shall follow the provisions of Chapter 2.15 regarding conflict of interest voting. (Ord. 91-2 §1(part), 1991).
2.28.100 Public meetings--Minutes.
The commission shall keep a record of all business, resolutions, transactions, findings, determinations, minutes and other matters coming before it. Such record shall be filed with the borough clerk and retained as public records. (Ord. 91-2 §1(part), 1991).
2.28.110 Rules of proceedings.
Meetings shall be conducted under Robert’s Rules of Order, and such modified or amended rules as may be adopted by the commission. (Ord. 91-2 §1(part), 1991).
2.28.120 Order of business.
A. The order of business at regular meetings shall be:
1. Call to order;
2. Roll call;
3. Agenda approval;
4. Approval of minutes;
5. Appearance requests;
6. Persons to be heard;
7. Communications;
8. Staff report;
9. Platting board business;
10. Old business;
11. New business;
12. Commissioner’s comments; and
13. Adjournment. (Ord. 93-15 §1, 1993: Ord. 91-2 §1(part), 1991).
2.28.130 Formal acts by resolution.
A. All formal acts of the commission shall be by resolution bearing the following:
1. The heading, "Bristol Bay Borough Planning and Zoning Commission";
2. Space for the serial number to be assigned, "Resolution No.";
3. A short and concise title descriptive of its subject and purposes;
4. Short premises and whereas clauses descriptive of the reasons for the resolution, if necessary;
5. The resolving clause, "Be It Resolved", and (Date) and designated lines for signature of the commission presiding officer and the community development director.
B. All resolutions adopted by the commission, whether at the instance of and presented by third parties, or on the motion of and instance of the commission, shall conform to that set forth above and shall be on white eight and one-half by eleven-inch paper with one and one-half inch left margin suitable for permanent filing. (Ord. 91-2 §1(part), 1991).
2.28.140 Powers.
A. The commission is advisory in character and may not be delegated administrative authority or responsibility beyond that which the borough assembly may authorize.
B. The commission may assist and cooperate With any existing agency or group which has as its object the development or improvement of the borough.
C. The commission may plan for the orderly growth and development of the borough and make recommendations to the assembly.
D. The commission shall have the responsibility of keeping generally aware of the needs of the borough. The commission shall not have direct power to effect policy determination, but shall be able to make recommendations to the assembly. Said recommendations may evolve into policy decisions of the assembly affecting matters relating to the development of the borough. The commission is not empowered to distribute their findings to any individual or group other than the community development director, borough manager and borough assembly. (Ord. 91-2 §1(part), 1991).
2.28.150 Duties and responsibilities.
A. The commission shall prepare and recommend to the assembly a comprehensive plan and related texts for the systematic development of the borough. The commission shall undertake an overall review of the plan at least every five years and shall present recommendations based on the review to the assembly.
B. The commission may consider and investigate subject matter ending to the development and betterment of the borough and make recommendations as it considers advisable to the assembly.
C. The planning and zoning commission shall act as the platting board and shall establish, subject to approval of the assembly, rules and regulations to implement this power.
D. The commission shall assist in the preparation of an annual capital improvement budget and present the proposed budget to the assembly for their approval no later than April 1st of each year. Furthermore, the commission shall prepare a list of recommendations for capital improvement project grant funding, for submission to the Governor’s office, and submit it to the assembly no later than October 1st of each year.
E. The commission shall report to the assembly on a monthly basis. (Ord. 93-15 §2, 1993; Ord. 91-2 §1(part), 1991).