I. General Rules
The Planning Board shall comply with all procedures set forth in North Carolina laws, Robert’s Rules of Order, the Town of Cape Carteret Code of Ordinances, and these Rules of Procedure, which shall be effective upon enactment by the Board. In cases where the Rules and Procedures conflict with any Federal or State laws, or Town Ordinance, said laws and ordinances shall govern. The Planning Board’s decisions shall also be in accordance with recognized bodies of zoning and land use law.
II. Duties
It shall be the Planning Board’s duty to:
A. Focus attention on planning and development-related items and reserve all general policy, service and operational decisions for the Board of Commissioners.
B. Report monthly to the Board of Commissioners.
C. Make studies of areas within and surrounding its jurisdiction.
D. Determine objectives to be sought in the development of the study area.
E. Prepare and recommend adoption of plans for achieving these objectives to the Board of Commissioners.
F. Develop and recommend policies, ordinances, administrative procedures and other means for effectively carrying out plans.
G. Advise the Board of Commissioners concerning the use and amendment of means for carrying out plans.
H. Review and advise the Board of Commissioners on all proposed subdivision plat, property rezoning, and commercial development plan requests.
I. Exercise any function in the administration and enforcement of various means for carrying out plans that the Board of Commissioners may direct.
J. Perform any other related duties that the Board of Commissioners may direct.
III. Planning Board Membership
A. The Town Planning Board shall consist of five (5) permanent residents of the Town. New members of the Planning Board shall serve staggered terms of three (3) years.
1. Appointed members shall serve a maximum of two (2) consecutive terms followed by a period of at least three (3) years before they may serve on the Planning Board again.
2. Vacancies occurring for reasons other than expiration of terms shall be filled as they occur for the period of the unexpired term.
B. Appointments to the Planning Board shall be made by the Board of Commissioners. A Planning Board member may be removed by a majority vote of the Board of Commissioners upon a finding by most of the Board of Commissioners that:
1. The appointed member has missed three (3) consecutive meetings (special or regular or a combination of both) without the member’s absence being excused by the Chair. Absences due to sickness, death or other similar emergencies shall be regarded as approved absences; or
2. Prolonged illness or absence, whether excused or not; or
3. The appointed member has voted on an issue that represents a conflict of interest for the Planning Board member so voting; or
4. The Board of Commissioners determines that removal is in the best interest of the Town.
IV. Planning Board Officers
A. Electing Officers. Each February, the full membership of the Planning Board shall elect one (1) of its members to serve as Chair to preside over the Board’s meetings and one
(1) member to serve as Vice Chair. The persons so designated shall serve in these capacities for terms of one (1) year with eligibility for reelection. If the Chair resigns or is removed prior to the end of the 1-year term, then the replacement serves until the following February.
B. Duties of the Chair:
1. Preside at all meetings and public hearings of the Board.
2. Decide all points of order and procedure.
3. Entertain, answer or delegate questions of rules and/or procedures.
4. Call a brief recess at any time.
5. Adjourn in an emergency meeting.
6. Appoint members to all standing and temporary committees.
7. Certify rulings of the Board.
8. Exercise full voting rights on all matters under consideration.
C. Duties of the Vice Chair. The Vice Chair shall serve as acting Chair in the absence or disability of the Chair. At such times, the Vice Chair shall have and exercise the same powers and duties as the Chair.
V. Planning Board Meetings
A. Regular meetings of the Planning Board shall be held on the third Tuesday of each month at 6:00 P.M. in the Town Hall Board Room.
B. A quorum of Planning Board members shall be required to open any meeting and to conduct business. Three (3) Planning Board members shall constitute a quorum.
C. Regular meetings of the Planning Board may be cancelled upon concurrence of the Chair and the Town Manager if doing so is in the best interest of the Board.
D. Special and emergency meetings of the Planning Board may be called at any time by the Chair or upon written request of any two (2) members of the Board consistent with G.S. 143-318.12, and the place and the subject of the meeting shall be given.
VI. Conduct of Planning Board Meetings
A. The Planning Board meeting agenda will be determined by the Town Manager in consultation with the Chair. The Town Planner, at the direction of the Town Manager, will develop the agenda package and distribute meeting materials to the Planning Board members the week before the meeting is scheduled. Items not identified on the agenda will not be considered during a Planning Board meeting unless approved by the majority vote of the Planning Board members present at the meeting. The Town Planner will take minutes during Planning Board meetings.
B. All meetings shall be open to the public. The order of business at meetings shall be determined by the Chair and the Town Manager. The Chair shall have the authority to amend the order of business at any meeting. The order of business is generally to be as follows:
1. Call to Order
2. Roll Call
3. Approval of Minutes
4. Public Comments
5. Presentations
6. Review of Requests (presentation by Town staff and applicant and/or their representative)
7. Discussion Topics
8. Ordinance Amendment Topics
9. Future Discussion Items to be Scheduled
10. Town Staff Comments
11. Planning Board Member Comments
12. Adjourn
C. The Planning Board allows residents of the Town or individuals having a material interest in the Town to comment on any item on the agenda. The comment time limit is three (3) minutes per person. If a group or organization is present to speak on any agenda item, only two (2) designated representatives will be allowed to address the Board.
VII. Conflict of Interest
Any Planning Board member shall abstain from voting on any matter in which the member has a direct or indirect financial interest, or in which the applicant or any related party with a material role in the proposed development is related to the Planning Board member by blood or marriage, or in any other situation defined as a conflict of interest by North Carolina law.
VIII. Voting
A. Only Planning Board members present at a duly convened Planning Board meeting shall be eligible to vote. Members that have been excused from voting per Section VII. Conflict of Interest are not eligible to vote.
B. Voting, at the discretion of the Chair, shall be by voice or show of hands. All matters to be voted on by the Planning Board shall be by a duly made motion and a second to the motion.
C. The Chair shall be able to vote on all issues unless absent or found to have a conflict per Section VII. Conflict of Interest.
D. It is the duty of all Planning Board members present at a meeting to vote on all issues before the Planning Board unless such member has been specifically excused from voting on an issue. Any non-excused member who abstains from voting shall be counted as having cast a “yes” vote.
IX. Compensation
Members shall not be compensated for their service on the Planning Board.
X. Amendments
These Rules of Procedure may be amended by a majority vote of the entire membership of the Town of Cape Carteret Planning Board.
XI. Adoption
These Rules of Procedure were unanimously amended by the Town of Cape Carteret Planning Board on February 20, 2024, and recorded in the minutes of that meeting.