BY-LAWS BUCKINGHAM COUNTY PlANNING COMMISSION

Nov 10, 2016 | Environmental Justice, Spiritual Ecology

http://www.buckinghamcountyva.org/Planning%20Commission%20Packets/2016/PC%20P
By-Laws
Article 1-Objectives
1-1. The Buckingham County Planning Commission was established in conformance with a
resolution adopted by the Buckingham County Board of Supervisors on February 5,
1962. The present Commission has adopted the following Articles in order to facilitate
its powers and duties in accordance with the provisions of Title 15.2, Chapter 22, Article
2, of the 1950 Code of Virginia, as amended.
1-2. The official title of this Commission shall be the “Buckingham County Planning
Commission.”
Article 2 – Members
2-1. The Planning Commission shall consist of not less than five, nor more than fifteen
members, all of whom shall be residents of the County. One representative shall be a
member of the Board of Supervisors and the remaining members shall be County
citizens appointed by the Board of Supervisors.
2-2. The term of the representative from the Board of Supervisors shall be at the pleasure of
the Board of Supervisors. Members are appointed for terms of four (4) years by the
Board of Supervisors. Any vacancy in membership shall be filled by appointment by the
Board of Supervisors and shall be for an unexpired term only. Any appointed member
may be removed by the Board of Supervisors for malfeasance in office. The Board of
Supervisors may provide for the payment of expenses incurred by the performance of
their official duties.
2-3. The term of a Commissioner member shall expire immediately prior to the beginning of
the regular January meeting at which meeting his successor’s term of office shall begin.
Article 3 – Officers and Their Selection
3-1. The officers of the Planning Commission shall consist of a Chairman, a Vice Chairman,
and a Secretary. The elected officers shall be the Chairman and the Vice Chairman.
3-2. Nomination of officers shall be made from the floor at the regular January meeting each
year. Election of officers shall follow immediately.
3-3. 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 (1) year or until his successor shall take office.
3-4. Vacancies in office shall be filled immediately by regular election procedures.
Planning Commission
By-Laws
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Article 4- Duties of Officers
4-1. The Chairman shall be a citizen member of the committee and shall:
4-1-1. Preside at all meetings.
4-1-2. Appoint committees, special and/or standing.
4-1-3. Rule on all procedural questions (subject to a reversal by a two-thirds (2/3)
majority vote by the members present.
4-1-4. Be informed immediately of any official communication and report same at the
next regular meeting.
4-1-5. Carry out other duties as assigned by the Commission.
4-2. The Vice Chairman shall be a citizen member of the Commission and shall:
4-2-1. Act in the absence or inability of the Chairman to act.
4-2-2. Have the power to function in the same capacity as the Chairman in cases of the
Chairman’s inability to act.
4-3. The Secretary shall:
4-3-1. Be the County Administrator or his/her designee.
4-3-2. Keep a written record of all business transacted by the Commission.
4-3-3. Notify all members of all meetings.
4-3-4. Keep a file of all official records and reports of the Commission.
4-3-5. Certify all maps, records, and reports of the Commission.
4-3-6. Give notice of all hearings and public meetings.
4-3-7. Attend to the correspondence of the Commission.
4-3-8. Prepare and be responsible for the publishing of advertisements relating to
public hearings.
Article 5-Standing and Special Committees
5-1. Any committee necessary in the function of the Commission shall be appointed by the
Chairman, who will specify their purpose and tenure, subject to majority approval by the
Commission.
Article 6- Meetings
6-1. Regular meetings of the Commission shall be held on the fourth Monday of every month
beginning with January at 7:00 p.m. Special meetings shall be called, as needed. When
a meeting date falls on a legal holiday, the meeting shall be held on the day following
unless otherwise designated by the Commission.
6-2. Special meetings of the Commission shall be called by the Chairman or by two members
upon written request to the Secretary. The Secretary shall mail to all members, at least
five days in advance of a special meeting, a written notice fixing the time and place of
the meeting and the purpose thereof.
6-3. All regular and special meetings, hearings, records, and accounts shall be open to the
public.
Planning Commission
By-Laws
– Page 2
6-4. A majority of the membership of the Commission shall constitute a quorum. No action
of the Commission shall be valid unless authorized by a majority vote of those present
and voting. Voting may be by roll call, in which case a record shall be kept as a part of
the minutes.
6-5. Any request for consideration by the Commission shall be presented to the Secretary of
the Commission and/or the County Administrator at least ten (10) days prior to the
scheduled meeting or the Commission shall not be obligated to consider the matter at
its next scheduled meeting.
ARTICLE 7- ORDER OF BUSINESS
7-1. The order of business for a regular meeting shall be:
7-1-1. Call to order by the Chairman.
7-1-2. Invocation.
7-1-3. Pledge of Allegiance.
7-1-4. Determination of a quorum.
7-1-5. Adoption of agenda.
7-1-6. Consideration of minutes.
7-1-7. Public Participation.
7-1-8. Old Business.
7-1-9. New Business.
7-1-10. Report of officers, committees, and staff.
7-1-11. Adjournment.
7-2. Parliamentary procedure in Commission meetings shall be governed by Robert’s Rules of Order.
7-3. The Planning Commission shall keep a set of minutes of all meetings, and these minutes shall
become a public record.
7-4. The Secretary and Chairman shall sign all minutes.
ARTICLE 8- HEARINGS
8-1. 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.
8-2. Notice of a special hearing shall be published once a week for two successive weeks in a
newspaper of general circulation in the area at least ten (10) days before the time of the public
hearing.
8-3. The order for public hearings shall be:
8-3-1. The Chairman will request the Planner/Zoning Administrator to call the specific case
being heard.
Planning Commission
By-Laws
Page 3
8-3-2. After hearing the specific case item, the Chairman will ask staff to present its report.
Staff reports are available on the Friday prior to the public hearing.
8-3-3. The Chairman asks the applicant to present their case. Applicants are allowed twenty
(20} minutes.
8-3-4. Following the staffs report and applicant’s presentation, the Chairman will open the
public hearing and call for public speakers. When called upon to speak, speakers must be
recognized by the Planning Commission Chairman and must state name, address, and district.
Spontaneous questions, comments and applause from the audience will not be acknowledged.
Public speakers representing groups are allowed to speak for five (5) minutes. Persons speaking
for themselves are allowed to speak for three (3) minutes. Commissioners should refrain from
asking questions until the party addressing the Commission completes his or her entire
presentation. For purposes of this guideline, the term “party” refers to staff, applicants and
individual public speakers addressing the Commission. Once all speakers are heard, the public
hearing will be closed. Applicant may have the opportunity to address the Commission on
issues that arose during the public comment. Additional questions from the public may be
submitted to the applicant through the Chairman and the applicant shall submit his/her
responses to the questions through the Chairman.
8-3-5. At some point during the Commission discussion, a Commissioner may offer a motion
that will be voted on by the Commission.
8-3-6. A letter (Letter of Recommendation) which accurately portrays the Commission’s action
in sufficient detail, including the motion and vote, is sent to the Board of Supervisors.
8-4. A record shall be kept for those speaking before the Commission at the hearing.
Article 9- Correspondence
9-1. It shall be the duty of the Secretary to draft and sign all correspondence necessary for
the execution of the duties and functions of the Planning Commission.
9-2. It shall be the duty of the Secretary to communicate as appropriate when necessary to
make communications that cannot be carried out as rapidly through direct
correspondence.
9-3. All official papers and plans involving the authority of the Commission shall bear the
signature of the Chairman or Vice Chairman together with the certification signed by the
Secretary.
Article 10- Amendments
10-1. These rules may be changed by a recorded two-thirds (2/3) vote of the entire
membership after thirty (30) days’ prior notice.
Planning Commission
By-Laws
Page 4
Adopted
Revised
Revised
Revised
February 1962
March 1998
January 2009
January 2014
Planning Commission
By-Laws
Page 5
Buckingham County
Planning Commission
Regular Meeting
December 21,2015
Attachments area

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