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18-1 I P a g e Article 18 Planning Commission Table of Contents 18-1 Chapter 18.1 Creation and Appointment 18-2 Chapter 18.2 Organization, Rules, Staff 18-2 Chapter 18.3 Functions and Duties 18-2 Chapter 18.4 Bylaws of the Morgan County Planning Commission 18-3 Section 18.4.1 ..Members, Officers and Duties 18-3 Section 18.4.2 ..Meetings 18-4 Section 18.4.3 ..Planning Staff 18-5 Section 18.4.4 ..Amendments 18-5 Section 18.4.5 ..Reporting 18-5 Section 18.4.6 ..Conflicts 18-5 Section 18.4.7 ..Effective Date 18-5 Section 18.4.8 ..Survival 18-5 ---PAGE BREAK--- 18-2 I P a g e Chapter 18.1 Creation and Appointment There is, hereby, established the Morgan County Planning Commission. The Morgan County Planning Commission shall consist of ten (10) members, all of whom shall be residents of Morgan County, Georgia. Seven of the members shall be appointed by the Morgan County Board of Commissioners with a minimum of one member from within the city limits of Madison; one of the members shall be appointed by the Mayor and Council of the City of Rutledge; one of the members shall be appointed by the Mayor and Council of the City of Bostwick; and one of the members shall be appointed by the Mayor and Council of the Town of Buckhead. The terms of the members shall be for three years and any vacancy in membership shall be filled for the unexpired term by the appropriate appointing governing body, which shall also have the authority to remove any of its appointed member(s), with or without cause, at any time upon giving such member(s) ten (10) days written notice. Chapter 18.2 Organization, Rules, Staff The Morgan County Planning Commission shall elect its Chairman from among its members. The term of the Chairman shall be one year with eligibility for re-election. The Planning Commission shall appoint a Secretary who may be an officer or employee of a municipality of Morgan County. The Planning Commission shall make its own rules of procedure and determine its time of meeting. These rules and procedures shall be known as the Bylaws of the Morgan County Planning Commission and may be found in Section 18.4 of this Article. The Planning Commission may appoint such employees and staff as it may deem necessary for its work and may contract with local government planners and other consultants for such services as it may require. Chapter 18.3 Functions and Duties The Planning Commission is hereby vested with the following powers and duties. The mere authorization to undertake these functions shall not be considered a mandate for the Planning Commission to perform all of these functions, nor shall it prohibit the discretion of the Board of Commissioners, by law or resolution, from assigning one or more of these functions to a staff member of the local government, or to another agency or commission. The mission of the Planning Commission shall be to make such careful and comprehensive surveys and studies of existing conditions and probable future developments and to prepare such plans for the physical, social, and economic growth as will best promote the public health, safety, morals, convenience, prosperity, and/or general welfare, including efficiency and economy in the development of its jurisdiction. In particular, the Planning Commission shall have the power and duty to perform the following: • Cooperate with the Federal, State and Local public or semi-public agencies or private individuals or corporations, and carry out cooperative undertakings with said agencies, individuals, or corporations; • Prepare a comprehensive plan or parts thereof, for the development of the local jurisdiction or parts thereof, which shall be subject to the approval of the Board of Commissioners or other governing body in accordance with the Georgia Planning Act of 1989, as may be applicable; • Prepare and recommend for adoption by the Board of Commissioners, or other governing body, a zoning ordinance or resolution, regulations for the subdivision of land, and any other land use regulations appropriate to manage development in the jurisdiction; ---PAGE BREAK--- 18-3 I P a g e • Administer zoning and other land use regulations in whatever role is delegated to it by the Board of Commissioners or other governing body. To this end, the Planning Commission may review applications for zoning map amendments or applications for land use approval and provide a recommendation to the appropriate governing body. However, the Planning Commission shall not be delegated any legislative authority, such as the final approval of zoning map amendments or conditional uses; • Make, publish, and distribute maps, plans and reports and recommendations relating to the planning and development of the local jurisdiction to public officials and agencies, public utility companies, civic, educational, professional, and other organizations and citizens; • Recommend to the Board of Commissioners, or other governing body, or its executive programs for capital improvements and the financing thereof; • Exercise, in general, such other powers as may be necessary to enable it to perform its functions and promote the planning of its local jurisdiction. Chapter 18.4 Bylaws of the Morgan County Planning Commission Section 18.4.1 Members, Officers and Duties • The members of the Planning Commission (the Commission) shall elect a Chairman. The Chairman shall decide all points of order and procedure, subject to these rules and applicable laws and regulations. The Chairman also may appoint one or more committees to investigate and report on matters, which come before the Commission; • The members of the Commission shall elect a Vice-Chairman. The Vice-Chairman shall serve as acting Chairman in the absence of the Chairman. When acting as Chairman, the Vice-Chairman shall have the same powers and duties as the Chairman; • The members of the Commission shall elect the Secretary of the Commission. Such individual may or may not be a member of the Commission and the Morgan County Board of Commissioners shall determine the pay of such individual. The Secretary, subject to the direction of the Chairman of the Commission, shall keep all records and generally supervise the clerical work of the Planning Commission, including but not limited to, the Agenda and Minutes of each meeting; The Minutes of each meeting shall indicate all important facts and events pertaining to each meeting, every matter acted upon, all votes taken, a listing of members present and absent, and all matters required to be included in the Minutes of the Commission. • The terms of office for each officer shall begin with the regular January meeting. Election of officers will occur at the regular meeting preceding the January meeting. Each officer shall serve until relieved of his duties as herein provided; • In the event of the resignation or removal of any member or officer, the new member or officer shall be replaced by the same method in which they were appointed. New members must complete two hours of training within thirty (30) days of their appointment; • Members are allowed one absence during the course of the calendar year. Any additional absences must be excused by the Chairman prior to the meeting where the member will be absent. Any member who fails to attend two consecutive regular meetings in any twelve (12) month period may become subject to dismissal from the Commission. The Chairman, with the concurrence of not less than two members, may recommend to the represented governing authority that a vacancy be declared, and the vacated position be filled. A vacancy shall be declared if a Commission member dies or no longer resides in Morgan County, Georgia; ---PAGE BREAK--- 18-4 I P a g e • All members must complete a minimum of six hours of training during a calendar year. Failure to complete training may result in dismissal from the Commission. The Chairman, with the concurrence of not less than two members, may recommend to the represented governing authority that a vacancy be declared, and the vacated position be filled. Section 18.4.2 Meetings • Regular meetings of the Planning Commission shall be held on the fourth Thursday of each month, January through October, at 7:00 pm in the Morgan County Administrative Building. Meetings shall be held on the third Thursday of November and December at 7:00 pm in the Morgan County Administrative Building. Each of the ten (10) members shall be notified of each regular meeting at least two days prior to the meeting, via a written agenda, prepared by the Secretary of the Planning Commission and mailed to all members. All matters must appear on the agenda in order to be considered by the Commission; however, a majority vote of those members present may waive this requirement; • The Chairman may call special meetings of the Planning Commission at any time. The purpose(s) of the meeting shall be stated and no other business may be conducted. Members shall be notified as outlined above; • Whenever there is no business for the Planning Commission, the Chairman may dispense with a regular meeting by giving notice to all members at least two days prior to the time set for the meeting; • All meetings shall be open to the public and all records of the Planning Commission shall be public record, with the exception of those records noted in O.C.G.A. 50-14 and 50-18. The order of business at regular meetings shall generally be as follows: acceptance of Minutes of previous meeting(s); staff reports; public business; consideration of other business; all other matters; and adjournment. All actions of the Commission shall have been put before the members in the form of a motion, duly seconded and voted upon by a majority of members present. An executive session may be called for eligible attorney/client matters and discussion of personnel matters. Minutes must be kept for an executive session and the presiding officer must sign an affidavit attesting to the reason for the executive session. • A quorum shall be required to be present for the Planning Commission to function and decide matters that come before the Planning Commission. A quorum shall consist of a majority of the members of the Planning Commission; • Voting by members of the Planning Commission shall be as follows: after discussion among the members, a motion must be made and seconded. The presiding officer shall ask how many members favor the proposal, and all voting in the affirmative shall raise their hand. If all members voted in the affirmative, the Minutes shall so reflect. If not all members raised their hand, the presiding officer shall ask how many members oppose the proposal, and all those who oppose shall raise their hand. If not all members raised their hand in favor or in opposition to the proposal, then the presiding officer shall ask how many members abstain from the vote. Abstention will not be considered a vote in the affirmative or negative. The Secretary shall duly record the vote and note members who dissent or abstain. The presiding officer or the Secretary may ask a member orally for his or her vote if such officer or Secretary is not sure how a member voted. Any provision of the Bylaws to the contrary notwithstanding, the presiding officer shall not vote except in cases of a tie vote among the other members. In such cases, the presiding officer shall vote either in the affirmative or negative, and in such cases, the vote of the presiding officer shall be deciding; • If a member of the Planning Commission or staff has a conflict of interest, that member shall recuse him or herself from the item on the agenda, at any meeting of the Planning Commission ---PAGE BREAK--- 18-5 I P a g e containing a quorum, by announcing the recusal to the Chairman prior to the beginning of the item presentation. That member shall then leave the room until such time as the agenda item has been voted on and the next agenda item is announced. The Secretary will notify the recused member when he or she may return to the table; • If a member of the Planning Commission or staff has submitted a petition to be heard before the Planning Commission, that member shall recuse him or herself from the item on the agenda, at any meeting of the Planning Commission containing a quorum, prior to the beginning of the item presentation, and leave the room. That member shall use an agent to represent him or herself during the presentation of the item and to answer any questions posed by the Planning Commission during discussion of the item. Section 18.4.3 Planning Staff The staff of the Planning Commission shall consist of the Morgan County Planning and Development staff, the Secretary of the Commission, the staff of the Northeast Georgia Regional Commission, and any person(s) specially hired by or assigned to this Commission by any governing body, and the Morgan County Attorney. Section 18.4.4 Amendments These Bylaws may, within the limits set by law, be amended by an affirmative vote of not less than a majority of the total members of the Morgan County Board of Commissioners. Section 18.4.5 Reporting Planning staff shall report on the recommendations of the Commission to the applicable governing bodies at their first regular meeting following the action of the Commission. The purpose of this is to facilitate communication and consultation between the two groups, and to establish an orderly mechanism for the conveyance of recommendations of the Commission to the applicable governing bodies for final action. Section 18.4.6 Conflicts All other Bylaws of the Morgan County Planning Commission are herby repealed. In the event any conflict between these Bylaws and any government law or regulation, such law or regulation shall prevail. Section 18.4.7 Effective Date These Bylaws shall take effect immediately upon passage. Section 18.4.8 Survival These Bylaws are deemed to be severable, and if any phrase, clause, sentence, paragraph or part of these Bylaws shall for any reason be determined to be invalid, such determination shall not affect, impair or invalidate the remainder of these Bylaws, but shall be confined in its effect to such phrase, clause, sentence, paragraph or part hereof directly involved in the determination.