ARTICLE 2:  ADMINISTRATION
Section
2.1   General
2.2   Town Council
2.3   Planning Board
2.4   Board of Adjustment
2.5   Ordinance Administrator
2.6   Floodplain Administrator
2.7   Summary of review and approval authority
§ 2.1  GENERAL.
   2.1.1   Administrative bodies. The following elected and appointed bodies and town staff members shall have powers and responsibilities in administering this ordinance and for reviewing and making decisions on applications for development approval, appeals, and amendments to the ordinance:
   (A)   Town Council;
   (B)   Planning Board;
   (C)   Board of Adjustment;
   (D)   Ordinance Administrator; and
   (E)   Floodplain Administrator.
   2.1.2   Organization. With the exception of the Town Council, each of the Boards provided for by this ordinance must adopt rules and maintain records in conformance with the following.
   (A)   Rules of conduct. A Board must adopt rules necessary to conduct its affairs and to establish Board organization, procedures, and the conduct of its meetings.
   (B)   Conformance of rules. The rules adopted by a Board must be in accordance with state law and the provisions of this ordinance.
   (C)   Election and terms of officers. Each Board shall elect a Chairperson and Vice Chairperson from its membership. These officers shall serve for a term of one year, or until the expiration of the term of their appointment to the Board on which they serve.
   (D)   Record of meetings. Each Board must keep accurate minutes of its proceedings and the actions taken in its meetings. When holding a quasi-judicial hearing, the Board of Adjustment shall keep a full transcript of the meeting and maintain a record of all evidence presented in the course of the hearing.
   (E)   Temporary disqualification.
      (1)   A Town Council member shall not vote on any zoning map or land development ordinance amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.
(G.S. § 160A-381D)
      (2)   Members of appointed boards providing advice to the Town Council shall not vote on recommendations regarding any zoning map or land development ordinance amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.
(G.S. § 160A-381D)
      (3)   A member of the Board of Adjustment or any other body exercising the functions of a Board of Adjustment shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons’ constitutional rights to an impartial decision maker. Impermissible conflicts include, but are not limited to: a member having a fixed opinion prior to hearing the matter that is not susceptible to change; undisclosed ex parte communications; a close familial, business, or other associational relationship with an affected person; or a financial interest in the outcome of the matter. If an objection is raised to a member’s participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.
(G.S. § 160A-388(e1))
§ 2.2  TOWN COUNCIL.
   2.2.1   Organization. Unless specifically modified in this ordinance, the Town Council must conform to the rules and procedures that it utilizes during the conduct of its regular business.
   2.2.2   Powers and duties. In the application and enforcement of this ordinance, the Town Council has the following powers and duties.
   (A)   Final approval authority. The Town Council is the approving authority for the following:
      (1)   Land development ordinance text amendments;
      (2)   Zoning map amendments;
      (3)   Conditional Zoning District classifications;
      (4)   Major subdivision preliminary plats; and
      (5)   Establishment of vested rights.
§ 2.3  PLANNING BOARD.
   2.3.1   Authority and establishment. The Town Planning Board is hereby established pursuant to the authority of G.S. § 160A-361.
   2.3.2   Membership. The Planning Board shall consist of seven regular members. Five of these members shall be residents of the town and shall be appointed by the Town Council. The two remaining members shall be residents of the town’s extraterritorial jurisdiction (ETJ) and shall be appointed by the County Board of Commissioners. Two alternate members shall be appointed to the Planning Board to serve in the case of the absence or temporary disqualification of one or more regular Board members. All members shall have the same rights, privileges, and duties regardless of whether matters to be decided arise within the city or within the extraterritorial (ETJ) area.
   2.3.3   Quorum. Four or more members of the Planning Board shall constitute a quorum.
   2.3.4   Powers and duties. In the application and enforcement of this ordinance, the Planning Board has the following powers and duties.
   (A)   Review and recommendation. The Planning Board has review and recommendation responsibility for the following:
      (1)   Land development ordinance text amendments;
      (2)   Zoning map amendments;
      (3)   Conditional Zoning District classifications;
      (4)   Major subdivision preliminary plats; and
      (5)   Establishment of vested rights.
   2.3.5   Voting.
   (A)   Required vote for recommendation of approval. The concurring affirmative vote of a majority of the members present and qualified to vote is required to make a recommendation or any other decision in favor of an applicant. Tie votes must be considered recommendations or decisions for denial.
   (B)   Vote of the Chairperson. The Chairperson of the Planning Board, or Vice Chairperson serving in that role in his or her absence or temporary disqualification, shall vote as any other member of the Board.
§ 2.4  BOARD OF ADJUSTMENT.
   2.4.1   Authority and establishment. The Town Board of Adjustment is hereby established pursuant to the authority of G.S. § 160A-388.
   2.4.2   Membership. The Board of Adjustment shall consist of seven regular members. Five of these regular members shall be residents of the town and shall be appointed by the Town Council. The two remaining regular members shall be residents of the town’s extraterritorial jurisdiction (ETJ) and shall be appointed by the County Board of Commissioners. Three alternate members shall be appointed to the Board of Adjustment to serve in the case of the absence or temporary disqualification of one or more regular Board members. All members shall have the same rights, privileges, and duties regardless of whether matters to be decided arise within the city or within the extraterritorial (ETJ) area.
   2.4.3   Quorum. No final action shall be taken on any matter unless a quorum of the Board is present. For all matters except the granting of a variance, a quorum shall consist of four members of the Board. A quorum for granting a variance, floodplain variance, or watershed variance shall be determined as set out in division 2.4.4(C) below.
   2.4.4   Powers and duties. In the application and enforcement of this ordinance, the Board of Adjustment has the following powers and duties.
   (A)   Final approval authority. The Board of Adjustment is the approving authority for the following:
      (1)   Variances;
      (2)   Watershed variances;
      (3)   Floodplain variances; and
      (4)   Special use permits.
   (B)   Appeals. The Board of Adjustment shall hear and decide on the following appeals:
      (1)   Appeals of administrative decisions;
      (2)   Appeals of denials for minor subdivision approval;
      (3)   Appeals of denials for site plan approval;
      (4)   Appeals of denials for the issuance of a land development permit;
      (5)   Appeals of denials for the issuance of a stormwater management permit;
      (6)   Appeals of denials for the issuance of a floodplain development permit;
      (7)   Appeals of denials for recombination plat approval; and
      (8)   Appeals from civil penalties authorized pursuant to G.S. § 143-215.6A imposed under Article 15.
   (C)   Voting. The concurring vote of four-fifths of the members of the Board shall be necessary to grant a variance including watershed variances and floodplain variances from the provisions of the ordinance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari. For the purposes of this section, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered “members of the board” for calculation of the requisite supermajority if there are no qualified alternates available to take the place of such members.
(G.S. § 160A-388(e))
§ 2.5  ORDINANCE ADMINISTRATOR.
   2.5.1   Appointment. The Town Council shall appoint an Ordinance Administrator who shall be charged with administering and enforcing the provisions of this ordinance. The Ordinance Administrator may delegate any authority or duties prescribed to him or her in order to ensure the efficient administration of the ordinance.
   2.5.2   Powers and duties. In the application and enforcement of this ordinance, the Ordinance Administrator has the following powers and duties.
   (A)   Review and recommendation. The Ordinance Administrator has review and recommendation responsibility for the following:
      (1)   Land development ordinance text amendments;
      (2)   Zoning map amendments;
      (3)   Conditional Zoning District classifications;
      (4)   Concept plan - Conditional Zoning District classification;
      (5)   Concept plan - special use permit;
      (6)   Major subdivision preliminary plats; and
      (7)   Establishment of vested rights.
   (B)   Final approval. The Ordinance Administrator has final approval authority for the following:
      (1)   Land development permits;
      (2)   Minor subdivision plats;
      (3)   Recombination plats;
      (4)   Site plans;
      (5)   Concept plan - subdivision;
      (6)   Concept plan - site plan;
      (7)   Tree preservation and protection plans;
      (8)   Stormwater management permits;
      (9)   Special intensity allocation; and
      (10)   Major subdivision final plats.
   (C)   Additional duties. The Ordinance Administrator has the following additional duties:
      (1)   Establish application content requirements and a submission schedule for review of applications and appeals;
      (2)   Maintain the Official Zoning Map and related materials;
      (3)   Enforce the regulations contained within this ordinance;
      (4)   Maintain the official copy of the land development ordinance and ensure that it is updated upon the approval of a text amendment; and
      (5)   Maintain a record of all permits and approvals.
§ 2.6  FLOODPLAIN ADMINISTRATOR.
   2.6.1   Appointment. The Town Council shall appoint an Ordinance Administrator who shall be charged with administering and enforcing the provisions of this ordinance. The Ordinance Administrator may delegate any authority or duties prescribed to him or her in order to ensure the efficient administration of the ordinance. The Ordinance Administrator will act as the Floodplain Administrator unless the Town Council appoints a Floodplain Administrator.
   2.6.2   Powers and duties. In the application and enforcement of the flood damage prevention portions of this ordinance, the Floodplain Administrator has the following powers and duties.
   (A)   Review and recommendation. The Floodplain Administrator has review and recommendation responsibility for the following:
      (1)   Floodplain development applications for all proposed development within the Special Flood Hazard Areas to assure all necessary local, state, and federal permits have been received; and
      (2)   Floodplain variance.
   (B)   Final approval. The Ordinance Administrator has final approval authority for the following:
      (1)   Floodplain development permits for all proposed development within the Special Flood Hazard Areas;
      (2)   Interpretation for the exact location of boundaries of the Special Flood Hazard Areas, floodways, or non-encroachment areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), as needed; and
      (3)   Floodplain development permits.
   (C)   Additional duties. The Ordinance Administrator has the following additional duties:
      (1)   Establish application content requirements and a submission schedule for review of applications and appeals;
      (2)   Maintain the official copy of the land development ordinance and ensure that it is updated upon the approval of a text amendment;
      (3)   Notify adjacent communities and the state’s Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program, or its successor prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);
      (4)   Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained;
      (5)   Prevent encroachments into floodways and non-encroachment areas unless the certification and flood hazard reduction provisions of division 16.7.6 are met;
      (6)   Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with division 3.2.11(G);
      (7)   Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of division 3.2.11(G);
      (8)   Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the provisions of division 3.2.11(G);
      (9)   When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the provisions of divisions 3.2.11(G) and 16.7.2(B);
      (10)   When base flood elevation (BFE) data has not been provided in accordance with division 16.5.2, obtain, review, and reasonably utilize any base flood elevation (BFE) data, along with floodway data or non-encroachment area data available from a federal, state, or other source, including data developed pursuant to division 16.7.4(B), in order to administer the provisions of this ordinance;
      (11)   When base flood elevation (BFE) data is provided but no floodway or non-encroachment area data has been provided in accordance with division 16.5.2, obtain, review, and reasonably utilize any floodway data or non-encroachment area data available from a federal, state, or other source in order to administer the provisions of this ordinance;
      (12)   Permanently maintain all records that pertain to the administration of this ordinance and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, being 5 U.S.C. § 552a, as amended;
      (13)   Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action;
      (14)   Issue stop work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this ordinance, the Floodplain Administrator may order the work to be immediately stopped. The stop work order shall be in writing and directed to the person doing or in charge of the work. The stop work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop work order constitutes a misdemeanor;
      (15)   Revoke floodplain development permits as required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable state or local law may also be revoked;
      (16)   Make periodic inspections throughout the Special Flood Hazard Areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action;
      (17)   Enforce the regulations contained within this ordinance related to floodplain and flood damage prevention as outlined in Article 4 of this ordinance;
      (18)   Maintain a current map repository to include, but not limited to, the FIS Report, FIRM, and other official flood maps and studies adopted in accordance with Section 16.5.2 of this ordinance, including any revisions thereto, including letters of map change issued by FEMA. Notify state and FEMA of mapping needs; and
      (19)   Coordinate revisions to FIS reports and FIRMs, including letters of map revision based on fill (LOMR-F) and letters of map revision (LOMR).
§ 2.7  SUMMARY OF REVIEW AND APPROVAL AUTHORITY.
   The following table summarizes review and approval authority under this ordinance:
 
Table 2-1: Summary of Review and Approval Authority
Application Type
Reviewing/Decision-Making Body
Ordinance Administrator
Planning Board
Board of Adjustment
Town Council
Administrative appeal
D
Concept plan - conditional zoning class
R
Concept plan - Gateway District
R
R
D
Concept plan - site plan
D
A
Concept plan - special use permit
R
Concept plan - subdivision
D
A
Conditional zoning classification
R
R
D
Floodplain development permit
D
A
Floodplain variance
D
Land development ordinance text amendment
R
R
D
Land development permit
D
A
Major subdivision final plat
D
Major subdivision preliminary plat
R
R
D
Minor subdivision
D
A
Recombination plat
D
A
Site plan
D
A
Special intensity allocation
D
A
Special use permit
D
Stormwater management permit
D
A
Tree preservation and protection plan
D
A
Variance
D
Watershed variance
D
Zoning map amendment
R
R
D
R - Review/Recommendation    D - Decision    A - Hears Appeal of Decision