Okay, I've survived yet another Christmas and on the horizon is a New Year full of promise. Before, I can move into that New Year, I want to back up and look at some of the issues I've already addressed in this blog.
I've previously pointed out that the Town Code is far out of date when compared to the State Codes. One example of this can be found when you explore the Town Code concerning the creation and composition of the Planning Commission.
Town Code Chapter 4, Article VI addresses the Planning Commission. With a quick look, you'll see that most of this section is based on Code of Virginia Section 15-1. So far, so good? Well, only if you don't try to find Section 15-1 in the Code of Virginia. It seems this was changed back in the early 70's and now exists as 15-2 not 15-1.
Now, let's take a closer look to see if it is only the numbers that changed:)
Sec. 2-216. Creation of the Town Code refers to the Code of Virginia Sec. 15.1-437 through 15.1-445. Since those particular references do not exist at this time, you have to go to
15.2-2210 in the State Code. This merely sets the legal requirement of the Town to establish a Planning Commission.
The first "NEW" item appears when you compare the Composition section of the two Codes. In the Town's version (Sec. 2-217) where in
15.2-2212 of the State Code you find this line in the first paragraph: "The local governing body may require each member of the commission to take an oath of office." (The Town has elected not to include this option in the Town Code). In part (b) of this same section, the Town requires that "The Town Manager shall attend the meetings of the Planning Commission" (Note: this only mandates attendance at, not participation in the meetings). Again, in 15.2-2212 of the State Code it is noted that there is NO requirement that anyone on the Town Council or a member of the Administrative Branch (i.e. Town Manager) be included in membership on the Planning Commission. Section 15.2-2212 also gives the criteria whereby planning commission members may be removed from office. The Town Code Section 2-222 adds more reasons for removal of members and require that a public hearing must be held in order to remove the member.
State Code Section 15.2-2217 mandates that the planning commission "SHALL adopt rules for the transaction of business and SHALL keep a record of its transactions which SHALL be a public record." (You will be hard pressed to find this within the town as minutes of these meetings are at best in draft form.)
(An interesting aside can be found in
State Code Section 15.2-2218 where it is denoted that the Town can contract with the County planning commission to serve as the Town planning commission for services. This may be a good way for the Town to save money while making sure that there are no issues of conflict of interest to arise by having an independent planning commission. This is further expanded by
State Code Section 15.2-2219 which sets the criteria whereby Joint Local Planning Commissions could be established between jurisdictions. Sharing such a group would certainly help to save money and pave the way for participating in grants which are more and more frequently requiring multi-jurisdictional approaches in order to obtain those grant monies.)
Sec .2-219 of the Town Code serve to establish guidelines for what the Planning Commission is to do by developing an outline of activities in 3 areas:
1) Assembling such data regarding the Town and adjacent terriroty as the Commission may deem to be necessary in exercising its functions, powers and duties.
2) Preparing a Comprehensive Plan as a general guide for the development of the Town and as a basis for the preparation of zoning and other regulations.
3) Recommending to the Council appropriate procedures for effectuating such Comprehensive Plan.
Sec. 15.2-2221 of the State Codes give a list of 8 Duties of commissions:
1. Exercise general supervision of, and make regulations for, the
administration of its affairs;
2. Prescribe rules pertaining to its investigations and hearings;
3. Supervise its fiscal affairs and responsibilities, under rules and
regulations as prescribed by the governing body;
4. Keep a complete record of its proceedings; and be responsible for the
custody and preservation of its papers and documents;
5. Make recommendations and an annual report to the governing body concerning
the operation of the commission and the status of planning within its
jurisdiction;
6. Prepare, publish and distribute reports, ordinances and other material
relating to its activities;
7. Prepare and submit an annual budget in the manner prescribed by the
governing body of the county or municipality; and
8. If deemed advisable, establish an advisory committee or committees.
****There is a lot more information coming on this area of local government as there have been tremendous changes concerning planning, comprehensive plans, transportation, zoning, and rezoning. None of these have been included in the Town Code thus far and citizens and developers need to know the current legal basis. I'll be working on this for several future blogs so keep checking back.****
The important thing to remember is that this is a Dillon Rule state and only those things which the State allows via State Code can be done. When the Town Code is out of sync with the State Code, there are significant areas where problems can arise. Keeping the Town's Codes up to date should be one of the more crucial aspects of good government, not something to be put aside and ignored for decades!!!
If you want to read about some of the new issues check out these before I blog on them:)
Sec. 15.2-2222.1 Coordination of state and local transportation planning.Sec. 15.2-2223. Comprehensive plan to be prepared and adopted; scope and purpose.Sec. 15.2-2223.1 Comprehensive plan to include urban development areas; new urbanismSec. 15.2-2230 Plan to be reviewed at least once every five yearsSec. 15.2-22332 Legal status of plan