[§ 1, Ord. 402, as amended by § 1, Ord. 711U, eff. December 7, 1981; § 1, Ord. 712, eff. December 21, 1981; § 1, Ord. 734, eff. March 4, 1983; § 1, Ord. 747, eff. August 4, 1983; § 1, Ord. 765, eff. July 2, 1984; § 3, Ord. 1070-08, eff. July 3, 2008; § 3, Ord. 1133-14, eff. November 20, 2014; 3-15-2022 by Ord. No. 1205-22, eff. April 14, 2022]
A Planning Commission is hereby created which shall consist
of seven members and one alternate. Only those persons who are residents
and physically present in the City of Avalon or within two miles of
the City limits at least nine months of each calendar year (excluding
special circumstances such as extended personal or family illness,
temporary absences necessitated by the proposed appointee's employment,
military service, and similar situations) may be appointed to the
commission. The members shall be appointed by the Mayor with the approval
of the Council. The tenure of any member of the Planning Commission
shall be terminable at any time by the Mayor upon the affirmative
vote of a majority of the entire Council.
[§ 2, Ord. 402, as amended by § 1, Ord. 734, eff. March 4, 1983; § 1, Ord. 747, eff. August 4, 1983; § 2, Ord.
1070-08, eff. July 3, 2008; § 3, Ord. 1133-14, eff. November 20, 2014]
Planning Commission terms of office shall be for a period of
four years; provided however, a commissioner whose term has expired
shall continue to hold office until a successor is appointed. If a
vacancy shall occur otherwise than by expiration of term, it shall
be filled by appointment for the unexpired portion of the term, unless
the unexpired portion of the term is three or fewer months in which
case the City Council may, but shall not be required, to appoint a
successor to serve the remaining term. Member shall at all times be
classified so that the terms of three members shall expire at the
same time and the terms of the other four members expire two years
thereafter so as to maintain staggered terms. The Alternate Planning
Commissioner term of office shall be for a period of two years.
[§ 3, Ord. 1133-14, eff. November 20, 2014]
The members of the Planning Commission bi-annually shall select
(1) of its members as Chairperson and one of its members as Vice Chairperson
subject to the conditions below. The selections should occur bi-annually
in election years at the first Planning Commission following the seating
of newly appointed Commissioners. Planning Commission members may
serve as Chairperson for two terms for a total of four years maximum.
Upon expiration of four consecutive years served, the Vice Chairperson
of the Planning Commission shall become Chairperson and a new Chairperson
who has not been the prior Chairperson shall be selected by the Planning
Commission. If the Vice Chairperson of the prior Commission is not
on the newly constituted Commission, the Commission shall elect a
new Chairperson and new Vice Chairperson. If the Vice Chairperson
declines the appointment as Chairperson, the Commission may select
any Commission member as the Chairperson and may also appoint any
person as Vice Chairperson. The term limit of the current Chairperson
or one elected upon passage of this section, shall expire after the
Commission is seated after the 2018 City Council elections.
a. The Chairperson of the Commission shall call the meetings to order
at the appointed time, shall appoint all committees, subject to the
approval of the Commission, shall have all the powers and duties of
the presiding officer as described in "Rosenberg's Rule of Order:
Simple Parliamentary Procedure of the 21st Century, and shall perform
such other duties as may from time to time be prescribed by the Commission.
b. The Vice Chairperson of the Commission shall have all the powers
and perform all the duties of the Chairperson in the case of absence
or inability of the Chairperson to act. The Vice Chairperson shall
perform such other duties as may from time to time be proscribed by
the Commission or the Chairperson.
[§ 3, Ord. 1133-14, eff. November 20, 2014]
For the purpose of transacting business, a quorum of the Planning
Commission shall consist of four of the seven members. An alternate
member shall be counted as a full voting member for purposes of filling
any vacancy created by the absence or conflict of interest of a regular
Commissioner.
[§ 1, Ord. 734, eff. March 4, 1983; § 1, Ord. 1071-08, eff. July 31, 2008; § 3, Ord.
1133-14, eff. November 20, 2014]
Notwithstanding any other provisions of this Code, any Commissioner or alternate who is absent from any three regular meetings of said Planning Commission within any six-month period, unless such absence is due to special circumstances such as extended personal or family illness, temporary absences necessitated by the proposed appointee's employment, military service, and similar situations, shall thereby automatically forfeit his or her position as a member of said Planning Commission. The Chair of the Planning Commission or Planning Director shall thereupon promptly notify the City Council and any such person so ceasing to be a commissioner, of the fact of such vacancy. The vacancy shall be filled as provided in §
9-1.01 of this chapter.
[§ 3, Ord. 402, as amended by § 1, Ord. 734, eff. March 4, 1983; § 3, Ord. 1133-14, eff. November 20, 2014]
The Planning Commission shall be governed in all respects and
perform the duties prescribed by applicable State and local laws.