BY-LAWS
AUGUSTA COUNTY PLANNING COMMISSION
ARTICLE 1 - AUTHORITY AND TITLE
1-1 This commission is established in conformance with an ordinance adopted by the Augusta County Board of Supervisors on the 24th of July 1941 and in accordance with the provisions §15.2-2210 of the Code of Virginia.
1-2 The title of this body shall be the Augusta County Planning Commission (hereafter referred to as the “Commission”).
1-3 The Commission’s purpose is to promote the orderly development of Augusta County through the Comprehensive Plan, and to advise the Board of Supervisors on that subject.
ARTICLE 2 - MEMBERSHIP
2-1 The Commission shall consist of members as appointed by the Augusta County Board of Supervisors.
2-2 The appointed members serve four-year terms. Terms shall begin July 1 in the calendar year following the regular election of the respective magisterial district supervisor. Members may be reappointed.
2-3 Any vacancy in membership shall be filled by appointment by the board of supervisors and shall be for the unexpired term.
2-4 Any appointed member may be removed by the Board of Supervisors for malfeasance in office. A member may also be removed by the Board of Supervisors without limitation in the event that the Commission member is absent from any three consecutive meetings of the Commission or is absent from any four meetings of the Commission within any 12-month period.
ARTICLE 3 - OFFICERS
3-1 The Commission shall elect from the appointed members a Chair, a Vice-Chair and other officers as it deems necessary. (Amended 8/8/23)
3-2 The Commission may, with the approval of the County Administrator, appoint a member of the County administrative staff to serve as Secretary to the Commission.
3-3 The officers shall be elected annually at the November regular Commission meeting of each calendar year. The newly elected officers shall take office on January 1 of the succeeding year.
3-4 The candidate receiving a majority vote of the membership of the entire commission shall be declared elected.
3-5 Officers may succeed themselves.
3-6 Vacancies in office shall be filled for the unexpired term by regular election procedures at a regular meeting.
ARTICLE 4 - DUTIES OF OFFICERS
4-1 The Chair shall:
1. Preside at meetings.
2. Appoint committees.
3. Rule on procedural questions.
4. Have the authority to speak, make motions, and vote on all matters.
5. Report all official communications to the Commission.
4-2 The Vice-Chair shall:
1. Carry out the duties of the Chair in the absence or inability to act of the Chair.
4-3 The Secretary shall:
2. Keep minutes of all meetings.
3. Keep a written record and file of all official records, reports, and business transacted by the Commission.
4. Notify all members of all meetings.
5. Attend to the correspondence of the Commission.
6. Give proper notice of all meetings and hearings.
7. Certify all maps, plans, records, and reports for the Commission.
8. Notify appropriate staff member of applications filed in their area of responsibility.
9. Provide information to the Board related to all Commission actions and recommendations, including their annual report as required by the Code of Virginia.
ARTICLE 5 - COMMITTEES
5-1 The Chair may establish and appoint members to such committees as the Commission may deem necessary.
ARTICLE 6 - MEETINGS
6-1 Regular meetings of the Commission shall be held monthly on the second Tuesday of each month at 7:00 p.m. or as otherwise designated by the Commission.
6-2 Special meetings may be held at the request of the Chair or at the written request of two members of the Commission. The Secretary shall mail to all members, at least five days in advance of the special meeting, a written notice fixing the time and place of the meeting and the purpose thereof. The Secretary shall also provide public notice of the meeting in accordance with the Code of Virginia, as amended.
6-3 All meetings shall be open to the public except for closed meetings as allowed by the Code of Virginia, as amended.
6-4 A majority of the membership of the Commission shall constitute a quorum and no action of the Commission shall be valid unless authorized by a majority of those voting.
ARTICLE 7 - CONDUCT OF BUSINESS
7-1 The order of business of a regular meeting shall be:
1. Call to Order
2. Determination of a quorum
3. Discussion/Approval of minutes or Consideration of minutes
4. Public Hearings
5. Old Business
6. New Business
7. Report of the Secretary
8. Other business or reports
9. Adjournment
7-2 Parliamentary procedure shall be governed by “Robert’s Rules of Order”-simplified procedures for small groups.
ARTICLE 8 - PUBLIC HEARINGS
8-1 The Commission shall hold public hearings as required by law and for other matters as deemed necessary.
8-2 Written notice and/or advertisement of public hearings shall be in accordance with the Code of Virginia.
8-3 The case to be heard shall be introduced and summarized by the Chair, Secretary, or other member as directed by the Chair.
8-4 Interested parties shall have the privilege of the floor. The applicant shall be given an opportunity to address the Commission first followed by other supporters of the request, followed by those opposed to the request and the applicant shall have an opportunity for a brief rebuttal or summary.
8-5 Interested parties shall be recognized by the Chair, shall state their name and physical address, and shall direct their remarks to the Commission.
8-6 The Commission shall have the privilege of establishing reasonable and uniform limits of time for all interested parties.
8-7 The Secretary shall keep a record of those speaking at all hearings.
ARTICLE 9 - GENERAL
9-1 All records and files of the Commission shall be maintained in the office of the Secretary or other County administrative official as directed by the Commission with the concurrence of the County Administrator.
9-2 Applications for all matters not requiring a public hearing to be acted upon by the Commission shall be filed in the office of the Secretary a minimum of fifteen (15) working days in advance of the date of the meeting at which they are to be considered. The Commission may by a majority vote of those present consider cases that do not meet this deadline.
9-3 Application for all matters requiring a public hearing shall be filed in the office of the Secretary in accordance with the established schedule required for public notice.
9-4 The person, firm, or organization making application, or his representative, should be present and be prepared to discuss the case at the time the case is considered by the Commission.
ARTICLE 10 - ANNUAL REPORT
10-1 The Commission, assisted by the county staff, shall prepare and submit to the governing body an annual report concerning the operations of the Commission and the status of planning within Augusta County.
ARTICLE 11 - CONFLICT OF INTEREST
11-1 The Commission shall comply with the State and Local Government Conflict of Interests Act.
ARTICLE 12 - AMENDMENTS
12-1 These By-Laws may be amended by the Commission. Such amendment shall be approved by two-thirds of the membership.
Approved: February 13, 2024
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