Town of Appomattox, VA
Appomattox County
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[HISTORY: Adopted by the Town Council of the Town of Appomattox 8-13-2012. Amendments noted where applicable.]
[1]
Editor’s Note: This chapter was originally adopted as Ch. 145 but was renumbered in order to place it in Part I: Administrative Legislation of the Code.
A. 
This Commission, established in conformance with the resolution adopted by the Appomattox Town Council on August 13, 2012, has adopted the following sections in order to facilitate its powers and duties in accordance with the provisions of Chapter 11, Title 15.1, Article 3, Code of Virginia.
B. 
The official title of this Commission shall be the "Town of Appomattox Planning Commission."
C. 
Additional duties of the Commission shall be those required in the Code of Virginia.
A. 
This Commission shall consist of five voting members that are residents of the Town, qualified by knowledge and experience to make decisions on questions of Town growth and development, provided that at least one-half are owners of real property in the Town of Appomattox and one of whom is a member of the Town Council.
B. 
The term of the Planning Commission representative from the Town Council shall be coextensive with the term of office to which he has been elected or appointed on the Town Council, unless the Town Council, at its first regular meeting for a year, appoints others to serve as its representative. The remaining members of the Commission first appointed shall serve respectively for terms of one year, two years, three years or four years. Subsequent appointments shall be for terms of two years each. Names of candidates for reappointment or appointment will be considered by the Town Council 60 days before the term expires with approval due before the expiration date. Any vacancy in membership shall be filled by appointments by the Town Council for the unexpired term only. A Commissioner may be removed in the discretion of Town Council for not attending three consecutive meetings of the Commission, missing four meetings of the Commission in any twelve-month period, or malfeasance. The Town Council may provide for the payment of expenses incurred by the Commissioners in the performance of their official duties.
C. 
A Commissioner's term shall expire immediately prior to the beginning of the regular January meeting of the Planning Commission, at which meeting the successor's term of office shall begin.
A. 
The officers of the Planning Commission shall consist of a Chairman, a Vice Chairman, and a Secretary.
B. 
Nomination of officers shall be made from the floor at the regular January meeting each year. Election of officers shall follow immediately.
C. 
A candidate receiving a majority vote of the entire membership of the Planning Commission shall be declared elected. He shall take office immediately and serve for one year or until his successor shall take office.
D. 
Vacancies in office shall be filled immediately by regular election procedures.
A. 
The Chairman shall be a citizen member of the Commission and shall:
(1) 
Preside at all meetings.
(2) 
Appoint committees, special and/or standing.
(3) 
Rule on all procedural questions (subject to a reversal by a two-thirds majority vote by the members present).
(4) 
Be informed immediately of any official communication and report same at next regular meeting.
(5) 
Carry out other duties as assigned by the Commission.
B. 
The Vice Chairman shall be a citizen member of the Commission and shall:
(1) 
Act in the absence or inability of the Chairman to act with all the same rights and responsibilities.
C. 
The Secretary shall:
(1) 
Keep a written record of all business transacted by the Commission.
(2) 
Notify all members of all meetings.
(3) 
Keep a file of all official records and reports of the Commission.
(4) 
Certify all maps, records, and reports of the Commission.
(5) 
Give notice of all hearings and public meetings.
(6) 
Attend to the correspondence of the Commission.
(7) 
Prepare and be responsible for the publishing of advertisements relating to public hearings.
A. 
The following shall be the duties of the Planning Commission.
(1) 
Comprehensive planning. Coordinate the overall work of the Commission in the development of a realistic and reasonable community comprehensive plan.
(2) 
Land use. Initially determine, and then continue to maintain, an inventory of land uses. It shall also be responsible for the preparation of land use maps.
(3) 
Subdivisions. Draft subdivision regulations and any subsequent amendments. The Commission shall examine all applications for subdivisions and receive the views of the staff pertaining to them.
(4) 
Zoning. Draft a zoning ordinance and/or any subsequent amendments, which shall be subject to review and approval by the Town Council. The Commission shall review all applications for rezoning or for special use permit. When authorized or required by law, they shall hold public or private hearings and receive the views of the staff pertaining to the issue. The Board of Zoning Appeals functions in a different capacity.
(5) 
Capital improvements. Study the economics of capital improvements as they relate to the use of land to be made by the Town. This may be done independently or in conjunction with affected governmental agencies. Such study shall include need, priority of need, cost financing, joint use and participation, location, and relative status either within or without the comprehensive plan of the Town. The Commission shall initiate or review applications and receive the views of the staff relative to the issues.
B. 
Special committees may be appointed by the Chairman for the purposes and terms approved by the Commission.
C. 
The Chairman shall be an ex officio member of every committee.
A. 
Meetings shall be held the first Tuesday of each month at 6:00 p.m., or at such other times selected by a majority of the Commission. Should there be no business before the Commission, there will be no meeting, provided that a minimum of four meetings shall be held in a calendar year. An annual meeting shall be held in January for the purpose of electing the Chairman and Vice Chairman by the majority of the Commissioners present.
B. 
Special meetings shall be called at the request of the Chairman or at the request of a quorum of the membership.
C. 
All regular meetings, hearings, records, and accounts shall be open to the public, except to the extent the Commission exercises its discretion to conduct a closed meeting or withhold records as expressly permitted by the Virginia Freedom of Information Act.[1]
[1]
Editor's Note: See § 2.2-3700 et seq., Code of Virginia.
D. 
A majority of the membership of the Commission shall constitute a quorum. The number of votes necessary to transact business shall be a majority of the entire membership. Voting may be by roll call, in which case a record shall be kept as a part of the minutes.
A. 
The order of business for a regular meeting shall be:
(1) 
Call to order by Chairman.
(2) 
Roll call.
(3) 
Determination of a quorum.
(4) 
Reading of minutes.
(5) 
Report of Secretary.
(6) 
Report of standing committees.
(7) 
Report of special committees.
(8) 
Unfinished business.
(9) 
New business.
(10) 
Adjournment.
B. 
Parliamentary procedure in Commission meetings shall be governed by Robert's Rules of Order, Revised.
C. 
The Planning Commission shall keep a set of minutes of all meetings, and these minutes shall become a public record.
(1) 
The Secretary shall sign all minutes, and at the end of the year shall certify that the minutes of the preceding year are a true and correct copy.
A. 
In addition to those required by law, the Commission, at its discretion, may hold public hearings when it decides that a hearing will be in the public interest.
B. 
Notice of a hearing shall be published once a week for two successive weeks in a newspaper of general circulation in the area. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than five days nor more than 21 days after final publication. The local commission and governing body may hold a joint public hearing after public notice as set forth hereinabove. If such joint hearing is held, then public notice as set forth above need be given only by the governing body. All public hearings shall comply with Virginia state law as to notification of such hearings.
C. 
The request before the Commission shall be summarized by the Chairman/staff or other members delegated by the Chairman. Interested parties shall have the privilege of the floor. Records or statements shall be recorded or sworn to, as evidence for any court of law, only after notice is given to the interested parties.
D. 
A record shall be kept of those speaking before the hearing.
A. 
It shall be the duty of the Secretary, appointed by Council, to draft and sign all correspondence necessary for the execution of the duties and functions of the Planning Commission.
B. 
It shall be the duty of the Secretary to communicate by telephone, e-mail or facsimile when necessary to make communications that cannot be carried out as rapidly as required by mail.
C. 
All official papers and plans involving the authority of the Commission shall bear the signature of the Chairman and Vice Chairman together with the certification signed by the Secretary and Chairman.
These bylaws may be amended by two-thirds majority vote of the Commissioners present. Such amendments shall only become effective approved by a majority vote of the entire Town Council.