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City of Weatherby Lake, MO
Platte County
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Table of Contents
Table of Contents
[Ord. No. 526 §§2.1 — 2.2, 5-19-1998]
A. 
Usage.
1. 
For the purpose of these regulations, certain numbers, abbreviations, terms and words shall be used, interpreted and defined as set forth in this Article II.
2. 
Unless the context clearly indicates to the contrary, words used in the present tense include the future tense and words used in the plural include the singular.
B. 
Words And Terms Defined. As used in this Chapter, the following terms shall have these prescribed meanings:
ADEQUATE PUBLIC FACILITIES
Facilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed subdivision as determined by the Board of Alderpersons based upon specific levels of service.
ALLEY
A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
APPLICANT
The owner of land proposed to be subdivided or its representative who shall have express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises.
APWA
See ROAD CLASSIFICATION.
AREA OF BENEFIT
An area of land which is designed by the Planning Commission as receiving benefits from or creating the need for the construction, acquisition or improvement of a public facilities project.
AREA-RELATED FACILITY
A capital improvement which is designated in the capital improvements program as serving new development and which is not a site-related facility. Area-related facility may include land dedication or construction of an oversized capital improvement, whether located off-site or within or on the perimeter of the development site.
BLOCK
A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of municipalities.
BOARD OF ALDERPERSONS
The body of the local City government having the power to adopt ordinances.
BOND
Any form of a surety bond in an amount and form satisfactory to the City. All bonds shall be approved by the City whenever a bond is required by these regulations.
BUFFER
See EXTERNAL BUFFER.
BUILDING
Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind.
BUILDING AND ZONING INSPECTOR
The person designated by the City of Weatherby Lake as the Building Inspector for the City. If no Building Inspector exists, then the Zoning Enforcement Officer shall perform duties of the Building Inspector.
CAPITAL IMPROVEMENT
A public facility with a life expectancy of three (3) or more years to be owned and operated by or on behalf of the City.
CAPITAL IMPROVEMENTS PROGRAM
A plan setting forth, by category of public facilities, those capital improvements and that portion of their costs which are attributable to serving new development within designated service areas for such public facilities over a period of specified years (ten (10) to twenty (20)). Capital improvements program may refer either to the plan for a particular service area or to the aggregation of capital improvements and the associated costs programmed for all service areas for a particular category of public facilities.
CENTRAL SEWERAGE SYSTEM
The system established by the City for the raw waste disposal treatment of the entire City.
CENTRAL WATER SYSTEM
The water supply system established by the City to serve the residence with current connections to the Kansas City Water Service.
CERTIFY
Whenever these regulations require that an agency or official certify the existence of some fact or circumstance, the municipality by administrative rule may require that such certification be made in any manner, oral or written, which provides reasonable assurance of the accuracy of the certification.
CITY ATTORNEY
The licensed attorney designated by the Board of Alderpersons to furnish legal assistance for the administration of these regulations.
CITY ENGINEER
The licensed engineer designated by the Board of Alderpersons to furnish engineering assistance for the administration of these regulations.
COLLECTOR ROADS
A road designed on the City's Official Plan as a collector street or which is so classified by the City consistent with APWA standards.
COMMON OWNERSHIP
Ownership by the same person, corporation, firm, entity, partnership or unincorporated association; or ownership by different corporations, firms, partnerships, entities or unincorporated associations in which a stockholder, partner or association or a member of his/her family owns an interest in each corporation, firm, partnership, entity or unincorporated association.
COMMUNITY IMPROVEMENT DISTRICT
See PUBLIC FACILITY SERVICE AREA.
CONCURRENCY
Requirement that development applications demonstrate that adequate public facilities be available at prescribed levels of service concurrent with the impact or occupancy of development units.
CONSTRUCTION PLAN
The maps or drawings accompany a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission as a condition of the approval of the plat.
CONTIGUOUS
Lots are contiguous when at least one (1) boundary line of one (1) lot touches a boundary line or lines of another lot.
CREDIT
The amount of the reduction of fees, payments or charges for the same type of capital improvement for which the fee has been charged.
CUL-DE-SAC
A local street with only one (1) outlet that terminates in a vehicular turnaround and having an appropriate terminal for the safe and convenient reversal of traffic movement.
DESIGN CRITERIA
Standards that set forth specific improvement requirements.
DEVELOPER
The owner of land proposed to be subdivided or its representative who is responsible for any undertaking that requires review and/or approval under these regulations. See SUBDIVIDER.
DEVELOPMENT AGREEMENT
Agreement between the City and developer through which the City agrees to vest development, use or intensity or refrain from interfering with subsequent phases of development through new legislation in exchange for the provision of public facilities or amenities by the developer in excess of those required under current community regulations.
EASEMENT
Authorization by a property owner for another to use the owner's property for a specified purpose.
ENVIRONMENTAL ENGINEERING SOLUTIONS
Use of technology concerned with the reduction of pollution, contamination and deterioration of the natural surroundings in which humans live.
ESCROW
A deposit of cash with the City or escrow agent to secure the promise to perform some act.
EXACTIONS
Requirement of development to dedicate or pay for all or a portion of land or costs of public facilities as a condition of a development approval.
EXPENDITURE
A sum of money paid out in return for some benefit or to fulfill some obligation. The term includes binding contractual commitments whether by development agreement or otherwise to make future expenditures as well as any other substantial change in position.
EXTERNAL BUFFER
A naturally vegetated area or vegetated area along the exterior boundaries as required which is landscaped and maintained as open space in order to eliminate or minimize conflicts between such development and adjacent land uses.
FINAL SUBDIVISION PLAN
The map of a subdivision to be recorded after approval by the Planning Commission and any accompanying material as described in these regulations.
FISHING LOTS
Lots initially subdivided or created which were non-buildable and intended to afford recreational rights to the owners.
FRONTAGE
That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot; but it shall not be considered as the ordinary side of a corner lot.
FRONTAGE STREET
Any street to be constructed by the developer or any existing street where development shall take place on both sides.
GRADE
The slope of a road, street or other public way specified in percentage terms.
HEALTH DEPARTMENT AND HEALTH OFFICER
The agency and person designated by the Board of Alderpersons to administer the health regulations of the City.
HEALTH, SAFETY OR GENERAL WELFARE
The purpose for which municipalities may adopt and enforce land use regulations for the prevention of harm or promotion of public benefit to the community, commonly referred as Police power.
HIGHWAY, LIMITED ACCESS
A freeway or expressway providing a trafficway for through traffic, in respect to which owners or occupants of abutting property on lands and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over the trafficway.
HOMEOWNERS' ASSOCIATION
See PROPERTY OWNERS' ASSOCIATION.
HOUSEHOLD
Any person or persons who reside or intend to reside in the same housing unit.
IMPROVEMENTS
See LOT IMPROVEMENT or PUBLIC IMPROVEMENT.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM
A septic tank, seepage tile sewage disposal system or any other approved sewage treatment device.
INFILL DEVELOPMENT
Development designed to occupy scattered or vacant parcels of land which remain after the majority of development has occurred in an area.
LANDSCAPING
Acting with the purpose of meeting specific criteria regarding uses of outside space, including ground cover, buffers and shade trees.
LOCAL GOVERNMENT
The municipality of City of Weatherby Lake.
LOCAL ROAD
A road whose sole function is to provide access to abutting properties and to other roads from individual properties and to provide right-of-way beneath it for sewer, water and storm drainage pipes.
LOT
A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or possession or for building development.
LOT, CORNER
A lot situated at the intersection of the (2) streets, the interior angle of such intersection not exceeding one hundred thirty-five degrees (135°).
LOT IMPROVEMENT
Any building, structure, work of art or other object situated on a lot.
MAJOR SUBDIVISION
All subdivisions not classified as minor subdivision including, but not limited to, subdivision of four (4) or more lots.
MARKET VALUE
The fair market value of a designated unit at the time such value is determined by the Zoning Enforcement Officer.
MASTER PLAN
A comprehensive plan for development of the local government prepared and adopted by the Planning Commission pursuant to State law and including any part of such plan separately adopted and any amendment to such plan or parts thereof.
MASTER PRELIMINARY PLAT
That portion of a preliminary plat submitted in connection with a multi-phase or phased subdivision application which provides the information and graphics meeting the requirements of this Chapter for the purpose of implementing an integrated development scheme for all phases of the proposed subdivision.
MINOR SUBDIVISION
Any subdivision containing not more than three (3) lots fronting on an existing street each of which lots constitute more than fifteen thousand (15,000) square feet not involving any new street or road or the extension of municipal facilities or the creation of any public improvements and not adversely affecting the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Zoning Ordinance or these regulations.
MONEY IN LIEU OF LAND
Payment of money into a municipally earmarked fund to provide for acquisition of facilities off-site in place of dedicating land or providing such facility on-site.
MUNICIPALITY
City of Weatherby Lake.
NATURAL OPEN CHANNEL SYSTEMS
Those stormwater systems which are environmentally friendly and make use of environmental engineering solutions.
NEIGHBORHOOD PARK AND RECREATION IMPROVEMENT FUND
A special fund established by the Board of Alderpersons to retain monies contributed by developers in accordance with the "money in lieu of land" provisions of these regulations.
NEW DEVELOPMENT
A project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure; or any use or extension of land; any of which has the effect of increasing the requirements for capital improvements, measured by number of service units to be generated by such activity and which requires either the approval of a plat pursuant to the City's subdivision regulations, the issuance of a building permit or connection to the City's water or sanitary sewer system.
NOTICE OF NON-COMPLIANCE
A notice issued by the Zoning Enforcement Officer to the Planning Commission informing the applicant for approval of a major subdivision that the sketch plat is not in compliance with these regulations and that the applicant may not apply for preliminary plat approval.
NOTICE TO PROCEED
A notice issued by the Zoning Enforcement Officer to the Planning Commission informing the applicant for approval of a major subdivision that the sketch plat is in compliance with these regulations and that the applicant may proceed to apply for preliminary plat approval.
OFF-SITE
Any premises not located within the area of the property to be subdivided, whether or not in the common ownership of the applicant for subdivision approval.
OFFICIAL MAP
The map established by the Board of Alderpersons pursuant to law showing the streets, highways, parks, drainage systems and setback lines laid out, adopted and established by law and any amendments or additions to adopted by the Board of Alderpersons resulting from the approval of subdivision plats by the Planning Commission and the subsequent filing of approved plats.
OFFICIAL MASTER PLAN
See MASTER PLAN.
ORDINANCE
Any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.
OWNER
The person or entity to which the property belongs.
PAVED SUBDIVISION APPLICATION
An application for subdivision approval submitted pursuant to a master preliminary plat or, at the option of the subdivider, pursuant to a specific plan in which the applicant proposes to immediately subdivide the property but will develop in one (1) or more individual phase(s) over a period of time.
PERIMETER STREET
Any existing street to which the parcel of land to be subdivided abuts on only one (1) side.
PERSON
Any individual or group of individuals or any corporation, general or limited partnership, joint venture, unincorporated association or governmental or quasi-governmental entity.
PLANNING COMMISSION
The City's Planning Commission established in accordance with law.
PLAT
A map of the subdivision conforming to these regulations and showing the location and boundaries of individual parcels of lands, streets, easements drawn to the scale required by the regulations.
POLICE POWER
Inherent, delegated or authorized legislative power for purposes of regulation to secure health, safety and general welfare.
PRELIMINARY PLAT
The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for approval.
PRIMARY ARTERIAL
A road intended to move through traffic to and from major attractors such as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas and similar traffic generators within the governmental unit and/or as a route for traffic between communities or large areas and/or which carries high volumes of traffic.
PROPERTY OWNERS' ASSOCIATION
An association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions through which each owner of a portion of a subdivision — be it a lot, parcel site, unit plot, condominium or any other interest — is automatically a member as a condition of ownership and each such member is subject to a charge or assessment for a prorated share of expense of the association which may become a lien against the lot, parcel, unit, condominium or other interest of the member.
PUBLIC FACILITIES
Any and all public improvements, the need for which is directly or indirectly generated by development, including, but not limited to, the following:
1. 
Water mains, pipes, conduits, tunnels, hydrants and other necessary works and appliances for providing water service.
2. 
Lines, conduits and other necessary works and appliances for providing electric power service.
3. 
Mains, pipes and other necessary works and appliances for providing electric power service.
4. 
Poles, posts, wires, pipes, conduits, lamps and other necessary works and appliances for lighting purposes.
5. 
Sidewalks, crosswalks, steps, safety zones, platforms, seats, statuary, fountains, culverts, bridges, curbs, gutters, tunnels, subways or viaducts, parks and parkways, recreation areas, including all structures, buildings and other facilities necessary to make parks and parkways and recreation areas useful for the purposes for which intended.
6. 
Sanitary sewers or instrumentalities or sanitation, together with the necessary outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, tunnels, channels or other appurtenances.
7. 
Drains, tunnels, sewers, conduits, culverts and channels for drainage purposes with necessary outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, channels and appurtenances.
8. 
Pipes, hydrants and appliances for fire protection.
9. 
Breakwaters, levees, bulkheads, groins and walls of rock or other material to protect the streets, places, public ways and other property from overflow by water or to prevent beach erosion or to promote accretion to beaches.
10. 
Retaining walls, embankments, buildings and any other structures or facilities necessary or suitable in connection with any of the work mentioned in this Section.
11. 
Compaction of land, change of grade or contours, construction of caissons, retaining walls, drains and other structured suitable for the purpose of stabilizing land.
12. 
Works, systems or facilities for the transportation of people, including rolling stock and other equipment appurtenant thereto.
13. 
All other work auxiliary to that described herein which may be required to carry out that work, including terminal and intermediate stations, structures, platforms or other facilities which may be necessary for the loading of people into and unloading of people from such transportation facilities.
14. 
The grading or regrading, the paving or repaving, the planking or replanking, the macadamizing or remacadamizing, the graveling or regraveling and the oiling or reoiling of streets.
15. 
Acquisition, construction, improvement and equipping of Police stations.
16. 
Acquisition, construction and installation of traffic signs, signals, lights and lighting.
17. 
Public works maintenance facilities.
18. 
All other work auxiliary to any of the above which may be required to carry out that work including, but not limited to, the maintenance of public facilities projects and administrative, engineering, architectural and legal work performed in connection with establishing, implementing and monitoring public facilities projects.
PUBLIC FACILITY
A facility owned by the City of Weatherby Lake or controlled by it or by another political subdivision. Public facility excludes those improvements that are site-related facilities.
PUBLIC FACILITY IMPROVEMENTS PROGRAM (STREETS, STREET LIGHTS, STORM SEWER, SANITARY SEWER WATER, ELECTRICAL)
The adopted plan, as may be amended from time to time, which identifies the public facilities and their costs for each public facility benefit area or subarea, which serve new development for a period not to exceed to (10) years, which are to be financed in whole or in part through the imposition of public facilities fees pursuant to this Article.
PUBLIC FACILITY SERVICE AREA
The service area for streets, street lights, storm sewer, sanitary sewer, water, electrical.
PUBLIC HEARING
All adjudicatory proceeding held by the Planning Commission preceded by published notice and actual notice to certain persons and at which certain persons, including the applicant, may call witnesses and introduce evidence for the purpose of demonstrating that plat approval should or should not be granted. Witnesses shall be sworn and subject to cross-examination. The rules of civil procedure on the courts shall not, however, bind the Planning Commission.
PUBLIC IMPROVEMENT
Any drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation or which may effect an improvement for which local government responsibility is established.
PUBLIC MEETING
A meeting of the Planning Commission or Board of Alderpersons preceded by notice, open to the public at which the public may, at the discretion of the body holding the public meeting, be heard.
REGISTERED ENGINEER
An engineer properly licensed and registered in the State.
REGISTERED LAND SURVEYOR
A land surveyor licensed and registered in the State.
RESUBDIVISION
Any change in a map of an approved or recorded subdivision plat that affects any street layout on the map or area reserved thereon for public use of any lot line or that affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivision.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or for any other special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
ROAD CLASSIFICATION
For the purpose of providing for the development of the streets, highways, roads and rights-of-way in the City, the street shall be classified, unless otherwise indicated on the City's Official Map, in accordance with the Kansas City Metropolitan Chapter of the American Public Works Association (hereafter known as "APWA") standard specifications for design criteria currently classified therein. The classification of each street, highway, road and right-of-way is based upon its location in the respective zoning districts of the local government and its present and estimated future traffic volume and its relative importance and function as specified in the Master Plan of the local government. The required improvements shall be measured as set forth for each street classification on the Official Map.
ROAD, DEAD-END
A road or a portion of a road with only one (1) vehicular-traffic outlet.
ROAD RIGHT-OF-WAY WIDTH
The distance between property lines measured at right angles to the centerline of the street.
SALE OR LEASE
Any immediate or future transfer of ownership or any possessory interest in land, including contract of sale, lease, devise, intestate succession or other transfer of an interest in a subdivision or par thereof, whether by metes and bounds or lot and block description.
SCREENING
Either:
1. 
A strip at least ten (10) feet wide of densely planted (or having equivalent natural growth) shrubs or trees at least four (4) feet high at the time of planting; or a type that will form a year-round dense screen at least six (6) feet high; or
2. 
An opaque wall or barrier or uniformly painted fence at least six (6) feet high.
SECONDARY ARTERIAL
A road intended to collect and distribute traffic in a manner similar to primary arterials, except that these roads service minor traffic-generating areas such as community commercial areas, primary and secondary educational facilities, hospitals, major recreational areas, churches and offices and are designed to carry traffic from collector streets to the system of primary arterials.
SECURITY
The letter of credit or cash escrow provided by the applicant to secure its promises in the subdivision improvement agreement.
SERVICE AREA
The area for a particular category of public facilities within the jurisdiction of the City and within which impact fees for capital improvements will be collected for new development occurring within such areas and within which fees so collected will be expended for those types of improvements for that category of public facility identified in the public facility improvements program. Service areas may be subdivided into subareas for purposes of assuring that impact fees collected and expended therein reasonably benefit new development within such areas.
SERVICE UNIT
Either streets, street lights, storm sewer, sanitary sewer water, electrical which is the standardized measure of consumption, use or generation attributable to a new unit of development for that category of public facility and which is set forth in the impact fee schedules for that category of public facility.
SETBACK
The distance between a building and the street right-of-way line nearest to the building.
SHADE TREE
A tree in a public place, street, special easement or right-of-way adjoining a street as provided in these regulations.
SITE-RELATED FACILITY
An improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of streets, street lights, storm sewer, sanitary sewer water, electrical to serve the new development and which is not included in the capital improvements program and for which the developer or property owner is solely responsible under subdivision or other applicable regulations.
SKETCH PLAT
A sketch preparatory to the preliminary plat (or final plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the plat and the objectives of these regulations.
SPECIFIC PLAN
A document encompassing a specific geographic area of the City which is prepared for the purpose of specifically implementing the City's Comprehensive Plan by:
1. 
Refining the policies of the Comprehensive Plan to a specific geographic area;
2. 
Containing specific recommendations as to the detailed policies and regulations applicable to a focused development scheme. The specific plan shall consist of goals, objectives and policies, requirements for capital improvements, the level of service required for public facilities, physical and environmental conditions, housing and land use characteristics of the area; and maps, diagrams and other appropriate materials showing existing and future conditions.
STREET
See ROAD CLASSIFICATION.
STRUCTURE
Any construction above or below ground.
SUBDIVIDE
The act or process of creating a subdivision.
SUBDIVIDER
Any person who:
1. 
Having an interest in land, cause it, directly or indirectly, to be divided into a subdivision, or who
2. 
Directly or indirectly sells, leases or develops or offers to sell, lease or develop or advertises to sell, lease or develop any interest lot, parcel site, unit or plat in a subdivision, or who
3. 
Engages directly or through an agent in the business of selling, leasing, developing or offering for sale, unit or plat in a subdivision, and who
4. 
Directly or indirectly is controlled by or under direct or indirect common control with any of the foregoing.
SUBDIVISION
Any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, tracts or interests for the purpose of offer, sale, lease or development whether immediate or future, either on the installment plan or upon any and all other plans, terms and conditions. "Subdivision" includes the division or development of residentially zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument. "Subdivision" includes resubdivision.
SUBDIVISION AGENT
Any person who represents or acts for or on behalf of a subdivider or developer in selling, leasing or developing or offering to sell, lease or develop any interest, lot, parcel, unit, site or plat in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services.
SUBDIVISION IMPROVEMENT AGREEMENT
A contract entered into by the applicant and the Planning Commission on behalf of the municipality by which the applicant promises to complete the required public improvements within the subdivision within a specified time period following final subdivision plat approval.
SUBDIVISION, MAJOR
See MAJOR SUBDIVISION.
SUBDIVISION, MINOR
See MINOR SUBDIVISION.
SUBDIVISION PLAT
The final map or drawing, described in these regulations, on which the subdivider's plan of subdivision is presented to the Planning Commission for approval and which, if approved, may be submitted to the County Clerk or Recorder of Deeds for filing.
TEMPORARY IMPROVEMENT
Improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.
TRACT
A lot. The term "tract" is used interchangeably with the term "lot", particularly in the context of subdivision where a tract is subdivided in several lots, parcels, sites, units, plots, tracts or interests.
TRANSFER OF DEVELOPMENT RIGHTS
The conveyance of development rights by deed, easement or other legal instrument, authorized by ordinance or regulation, to another parcel of land and the recording of that conveyance.
VESTED RIGHTS
Right to initiate or continue the establishment of a use which will be contrary to a restriction or regulation coming into effect when the project associated with the use is completed.
ZONING ENFORCEMENT OFFICER
The officer appointed by the Board of Alderpersons to administer these regulations and to assist administratively other boards and commissions.