There is hereby reestablished the Newton Area Planning commission (the “PC”), which shall exercise its powers and duties as provided by law and by this Ordinance within the corporate limits of the City of Newton as presently defined and as the same hereafter may from time to time be changed.

(Ord. 3170, Sec. 1; Ord. 5120-23)

The PC shall consist of seven (7) members appointed by the mayor of the city of Newton, with the consent of the Governing Body. All members shall be appointed for terms of three years each. Each term shall begin on the first day of May of the year of appointment and shall end on the thirtieth day of April in the third year thereafter. Notwithstanding, the Governing Body shall have the option to designate three members for 5-year terms upon establishing the membership of the PC. The Governing Body shall have the right to remove any member of the PC appointed thereby for failure to regularly attend to the duties of such office, or for other good cause shown. In the event of the death, incapacity, resignation, disqualification or removal of any member, the Governing Body shall fill such vacancy by appointment in the same manner as designated above. such an appointment to fill a vacancy on the PC shall be made for the unexpired term of the member leaving the membership. Members of the PC shall serve without compensation but may be reimbursed for expenses actually incurred in the performance of their duties as deemed desirable by the Governing Body. Should any member have a conflict of interest, either directly or indirectly, in any matter coming before the PC, he or she shall be disqualified to discuss or vote upon the matter.

(Ord. 3170, Sec. 2; Ord. 5120-23)

The members of the PC shall meet at such time and place as may be provided in the PC's bylaws. The PC shall elect one member as chairperson and one member as vice-chairperson, each of whom shall serve one year and until their successors have been elected. A secretary shall also be appointed who will be a member of City Staff. Special meetings may be called at any time by the chairperson or, in the chairperson's absence, by the vice-chairperson. The PC shall adopt bylaws for the transaction of business and hearing procedures. Such bylaws shall by subject to the approval of the Governing Body of the City of Newton. Unless otherwise provided by law, all actions by the PC shall be taken by a majority vote of the entire membership of the PC. A proper record of all the proceedings of the PC shall be kept. The PC may, from time to time, establish subcommittees, advisory committees or technical committees to advise or assist in the activities of the PC.

(a)   No meeting shall be conducted by the PC or by any committee thereof unless notice of the date, time and place of such meeting has been conveyed not less than seven days in advance thereof to the City Clerk for the purpose of enabling such City Clerk to provide any necessary public notice of such meeting as required by law.

(b)   All meetings of the PC, or of any committees thereof, shall be open to the public and shall be conducted in conformity with the Kansas Open Meetings Act, K.S.A. 75-4317, et seq.

(c)   The HPC, and any committees thereof, shall keep a record of its proceedings, a copy of what shall be filed for public view in the office of the City Clerk.

(d)   No business of the PC may be conducted unless a quorum of not less than a majority of the appointed members is present, disregarding any vacancies on the PC.

(Ord. 3170, Sec. 3; Ord. 5120-23)

The Governing Body of the City of Newton, and PC, shall have all the powers and duties as set forth in the Kansas statutes Annotated 12-741, et seq., including any future amendments thereto. The PC is hereby authorized to make, or cause to be made, adopted and maintained a comprehensive plan for the City of Newton, and for any unincorporated territory lying outside the City but within Harvey County which in the opinion of the PC forms the total community of which the City is a part. The PC shall also cause to be prepared, adopted and maintained zoning and subdivision regulations on all land within the jurisdiction designated by the Governing Body. The comprehensive plan and zoning and subdivision regulations are subject to final approval of the Governing Body by ordinance. Periodically, the Governing Body may request the PC to undertake other assignments related to planning and land use regulations.

(Ord. 3170, Sec. 4; Ord. 5120-23)

The PC is hereby designated to also serve as the Historic Preservation Commission (the “HPC”) with all the powers and duties as provided for in K.S.A. 75-2722 et seq and K.A.R. § 118-3-15, including any future amendments thereto. The HPC shall adopt rules in the form of bylaws for its operation, which shall include hearing procedures. Such bylaws shall be subject to the approval of the Governing Body. Public records shall be kept of all official actions of the HPC. The HPC shall keep minutes of its proceedings showing evidence presented, findings of fact, decisions and the vote upon each question or appeal. A majority of the members of the HPC present and voting at the hearing shall be required to decide any appeal.

(Ord. 3170, Sec. 5; Ord. 5120-23)

The PC is hereby designated to also serve as the Board of Zoning Appeals (the “Board”) with all the powers and duties as provided for in K.S.A. 12-759, including any future amendments thereto. The Board shall adopt rules in the form of bylaws for its operation, which shall include hearing procedures. Such bylaws shall be subject to the approval of the Governing Body. Public records shall be kept of all official actions of the Board. The Board shall keep minutes of its proceedings showing evidence presented, findings of fact, decisions and the vote upon each question or appeal. A majority of the members of the Board present and voting at the hearing shall be required to decide any appeal. Subject to subsequent approval of the Governing Body, the Board shall establish a scale of reasonable fees to be paid in advance by the appealing party.

(Ord. 3170, Sec. 6; Ord. 5120-23)

The Governing Body shall establish an annual budget for the PC and make such allowances to the PC as it deems proper, including funds for the employment of such employees or consultants as the Governing Body may authorize and provide, and shall add the same to the general budget. Prior to the time that moneys are available under the budget, the Governing Body may appropriate moneys for such purposes from the general fund. The Governing Body may enter into such contracts as they deem necessary and may receive and expend funds and moneys from the state or federal government or from any other source for such purposes.

(Ord. 3170, Sec. 7; Ord. 5120-23)