ARCHIVE:

A. Why do we need reorganization?

1. To comply with new WV planning law. 8A-2-10, 8A-7-2, 8A-8-8, 8A-9

2. To comply with recent court orders re: conditional use permits and the roles of Planning Commission and Board of Zoning Appeals. Case # 02-C-217(5), Case #03-C-278(4)

3. To streamline the increasingly heavy workload on both the Director of PZE and staff related to zoning, subdivision and engineering and thereby provide the best service.

4. To better serve our residents with an organization that is easier to understand and easier to use. (Currently there is a lot of confusion as to who is responsible and accountable for what aspect of the planning and zoning process. This leads to a great deal of frustration on the part of citizens, developers and builders.)

5. To provide adequate professional staff support to three citizen boards and commissions: Board of Zoning Appeals, the Jefferson County Planning Commission and the Building Code Board of Appeals.

6. To set in place an organizational structure that will grow with the county.

B. Reorganization Strategy.

1. Hold a hearing to gain public input on reorganization.

2. Avoid layoffs or pay cuts for current county employees. Avoid adding additional positions for the upcoming fiscal year.

3. Solicit input from Director of PZE, Board of Zoning Appeals, Planning Commission and Prosecuting Attorney.

4. Ensure there are clear lines of staff responsibility, authority and staff accountability.

C. Divide the Department of Planning, Zoning, and Engineering (PZE) into three separate departments or offices as shown on the attached Proposed Reorganization Chart.

1. ZONING DEPARTMENT. The County Commission would hire the Zoning Director. The County Commission would appoint the Zoning Board of Appeals. The ZONING DEPARTMENT would:
a. Maintain, update and provide for public use and review the official copy of the Jefferson County Zoning Ordinance and Zoning Map.

b. Prepare technical reports as requested by the County Commission on proposed amendments to the Zoning Ordinance.

c. Recommend to the County Commission needed amendments to the Zoning Ordinance and prepare such amendments as directed by the County Commission or the Planning Commission.

d. Review and comment on amendments to the Subdivision Ordinance. [If you are going to allow someone like Paul, who is the current Zoning Administrator, the authority to review and comment on a matter that is in the purview of the Planning Commission, then it is only fair that the Planning Commission be given the same authority re the Zoning Ordinance-hence the addition in italic red in c above. Quite frankly, as a professional planner I find the separation of Zoning from the land use control and development process to be unnecessary and a detriment to good planning. I never really agreed with the State setting up a Zoning Board of Appeal within the same administrative organization as those bodies making the decisions under appeal. I would much prefer the Appeal Tribunal to be independent, and appear to the public as being independent, That is, I would have recommended to the State that they set up a Board of Appeals to be operated by the State, to handle both Zoning Appeals and Subdivision Refusal/Objection to Conditions Appeals. That way the State run Board of Appeals could take into account the State's own Planning Policies, as stated in the new Code (i.e. no more urban sprawl, which is exactly what will happen if Mr. Corliss gets his way re 1 lot/ac of farmland).

e. Work with the Planning Commission staff to assure the Zoning Ordinance facilitates the allows implementation of and is in conformity with the policies of the adopted Jefferson County Comprehensive Plan.

f. Assist the Board of Zoning Appeals by preparing technical staff reports and providing technical staff guidance as requested (details to be worked out).

g. Prepare an annual budget and work program for approval by the County Commission.

1A. The ZONING BOARD OF APPEALS would:

a. Act as the review and approval authority on all applications for conditional use permits.

b. Act as the review and approval authority on all on requests for zoning variances.

c. Comply with 8A-8-9 regarding keeping records, hiring employees and executing/administering the budget which has been approved by the County Commission. All expenditures in excess of $1000 must be approved directly by the Zoning Board of Appeals, while expenditures of up to $999 may be permitted by delegated staff but the expenditure must be confirmed by the ZBA.

2. PLANNING COMMISSION. The County Commission would appoint the Planning Commission, whose membership would include one County Commissioner. The PLANNING COMMISSION would:

a. Hire the County Planning Director and through the Planning Director direct the planning support staff.[Need clarification here. Does the Planning Director have the authority to hire and fire subordinate staff? Since Subdivision review requires engineering review, will they be authorized to hire their own engineer, or how will the Planning Director be able to "direct" the Engineering Department staff to complete their engineering review in a timely and professional fashion?]

b. Prepare and amendments to the County Comprehensive Plan as required for approval and adoption action by the County Commission.

c. Prepare and amendments to the County Subdivision Ordinance as required for approval and adoption action by the County Commission.

d. Administer the Jefferson County Subdivision Ordinance:

1) Act as the review and approval authority on subdivision applications.

2) Act as the review and approval authority on requests for variances from the Subdivision Ordinance.

e. Review and comment on proposed amendments to the Zoning Ordinance. [I see you have partially addressed my previous concern, but the Planning Commission is on the front line in terms of development review and approval, and should be able to direct the Zoning Board of Appeals to prepare technical reports which address the issues/deficiencies that they will undoubtedly run into during the course of their assigned activities. That is, they should be able to get ACTION on addressing the Zoning deficiency issues, and quite frankly if Paul is involved then you might even consider setting up deadlines for Paul to take action on requests by the Planning Commission for staff to review a Zoning issue/deficiency.]

f. Complete special studies as requested by the County Commission. and the Zoning Board of Appeals. [tit for tat]

g. Prepare an annual budget and work program for review and approval by the County Commission. Comply with 8A-8-9 [don't have my Code reference with me, but the two bodies should operate in the same fashion, for consistency, for ease of public understanding, for easier administration by the County] regarding keeping records, hiring employees and executing/administering the budget which has been approved by the County Commission. All expenditures in excess of $1000 must be approved directly by the Planning Commission, while expenditures of up to $999 may be permitted by delegated staff but the expenditure must be confirmed by the ZBA.

3. ENGINEERING DEPARTMENT. The County Commission would hire the County Engineer. The County Commission would appoint the Building Code Board of Appeals. The ENGINEERING DEPARTMENT would:

a. Participate Prepare professional engineering review comments/conditions in a timely fashion (under the timing direction of the Planning Director), and participate in staff review of subdivision and site plan applications by making staff available at all Staff Review Meetings, to provide technical engineering advice on engineering issues.
b. Conduct site inspections of subdivision and site plan work in progress.

c. Sign off on record plats in terms of engineering sufficiency, conformity with the Policies of the Comprehensive Plan, and Engineering Standards adopted by the County Commission.[I would set up the Engineering Standards as Regulations passed under the Subdivision and Land Development Ordinance, and delegate staff the authority to update these Engineering Standards from time to time, subject to any member of the public having the right to object to these Engineering Standards and to have their objection decided at the Building Code Board of Appeals.].

d. Assist the Planning and Zoning Departments by developing engineering related standards for new zoning and subdivision ordinances.

e. Supervise issuance of building permits and building inspections.

f. Provide staff assistance to the Building Code Board of Appeals.

3A. The BUILDING CODE BOARD OF APPEALS would:

Hear appeals of decisions by Building Permits and Inspections Department.