§ 14-17-203 - Creation and organization.
14-17-203. Creation and organization.
(a) The county judge of any county may, with the approval of the majority of the members of the county quorum court, create a county planning board. The board shall consist of not less than five (5) members nor more than twelve (12) members appointed by the judge and confirmed by the court. At least one-third (1/3) of the members shall not hold any other elective office or appointment, except membership on a municipal or joint planning commission or a zoning board of adjustment.
(b) The term of each member shall be four (4) years. In the initial appointments to the board, a majority, but not exceeding three-fifths (3/5) of the total membership of the board, shall be appointed for two (2) years and the remaining members for four (4) years. A vacancy in the membership due to death, resignation, removal, or other cause shall be filled by an appointee of the judge, confirmed by the court, for the unexpired term. Any member of the board shall be subject to removal for cause upon recommendation of the judge and confirmation by the court.
(c) The board shall designate one (1) of its members as chair and select a vice chair and such other officers as it may require.
(d) A regular meeting date shall be established providing for at least one (1) regular meeting to be held in each quarter of each calendar year.
(e) The board shall adopt rules and regulations for the discharge of its duties and the transaction of business and shall keep a public record of all business, resolutions, transactions, findings, and determinations.
(f) County quorum courts may elect to assume the powers, duties, and functions of the board. Such determination shall be implemented by ordinance. A court which elects to exercise this option shall not be bound by the provisions of this section and 14-17-204, but may, by ordinance, establish such administrative changes as may be appropriate.
(g) (1) (A) A county quorum court may elect to act as a board of administrative appeal prior to an appeal to circuit court from a decision of the county planning board.
(B) The county judge shall be the chair of the board of administrative appeal but shall vote only in the event of a tie.
(C) The county quorum court shall determine the number of quorum court members who shall sit on the board of administrative appeal.
(2) Any appeal concerning roads shall be appealed directly to circuit court.