Section 7.01 Administrative Agencies
   7.01.1   MEETINGS AND MEMBERSHIP IN GENERAL
   A.   Open Meetings
   All meetings of elected or appointed bodies under this ordinance shall be open to the public in accordance with G.S. § 143-318 and shall be conducted in accordance with the procedures set forth in these regulations and rules of procedure adopted by the respective bodies and approved by the Board of Commissioners.
   B.   Rules of Procedure
   All boards shall adopt formal rules of procedure consistent with the level of decision-making vested with that board/commission (e.g., administrative, legislative, and advisory review, quasi-judicial). Any adopted rules of procedure shall be kept on file at Town Hall and shall be made available to the public.
   C.   Minutes
   Accurate minutes of each meeting shall be maintained by each board set out in this article, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact. Each board set out in this article shall keep records of its examinations and official actions. All of these minutes and records shall be filed in the office of the Town Clerk for the public record.
   D.   Meetings
      1.   All bodies authorized under this ordinance shall meet at regularly scheduled times and at such other times as determined by the chairman as provided for in the rules of procedure.
      2.   Special meetings may be called at any time by the chairperson or by request of a majority of members of the Board.
   E.   Oaths of Office
   All members of the Board of Commissioners and appointed boards shall take an oath of office prior to assuming their roles and duties.
   F.   Conflicts of Interest
      1.   No member of the Board of Commissioners, any appointed board, or administrative staff shall vote on a case or make a decision where the outcome of the matter would have a direct, substantial, and readily identifiable financial impact on him or her.
      2.   No member of the Board of Commissioners, any appointed board, or administrative staff shall vote on a case or make a decision if the landowner, applicant, or other person subject to that decision is a person with whom the Commissioner, board member, or staff member has a close familial, business, or other associational relationship.
   G.   Proportional Representation
      1.   The membership of the Board of Commissioners and the membership of each appointed board shall represent the corporate limits and the ETJ by population proportion. At minimum, all boards shall each have at least one representative from the ETJ.
      2.   The population proportions shall be based on the latest decennial census numbers.
   7.01.2   ADMINISTRATOR
   The Town Manager is appointed as the Administrator and has the primary responsibility for administrating and enforcing this ordinance. Other town staff members may be appointed by the Town Manager to assist him or her in these duties.
   A.   Powers and Duties
      The Administrator shall have the following powers and duties, to be carried out in accordance with the terms of this ordinance:
      1.   Make all final decisions as to the interpretation and definitions of this UDO;
      2.   Determine the amount and applicability of administrative and consulting fees;
      3.   Monitor and determine the adequacy of security instruments and escrow deposits and issuance of ministerial development approvals;
      4.   Serve as staff for the Board of Commissioners, Planning Board and Board of Adjustment;
      5.   Review and render interpretations of this UDO and the Official Zoning Map;
      6.   Make recommendations to the Board of Commissioners, Planning Board, the Board of Adjustment;
      7.   Accept applications for development approval; certify the completeness of submitted applications with the requirements of these regulations;
      8.   Review and prepare staff reports recommending approval, approval with conditions or denial of applications for amendments to the text of this UDO and all legislative and quasi-judicial applications;
      9.   Accept applications for, review, and approve, approve with conditions or deny, applications for all ministerial development approvals;
      10.   Monitor development projects to ensure compliance with conditions of a development approval;
      11.   Monitor and assist in the enforcement of this UDO;
      12.   Review development applications to ensure that all necessary permits, licenses, franchises and approvals have been obtained from federal, state, local governmental districts, public and private utilities and other public agencies;
      13.   Serve as the chair of the Technical Review Committee;
      14.   Maintain a record of all permits, appeals, variances, certificates, reviews and such other transactions and correspondence pertaining to the administration of this UDO;
      15.   Determine the establishment of vested rights;
      16.   Oversee code enforcement and responsibilities related to ensuring compliance with the UDO, notification of violations, ordering actions on violations and keeping records of related activities;
      17.   To administer the flood damage prevention portion of this ordinance as follows:
         a.   Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas and future conditions flood hazard areas to assure that the requirements of this ordinance have been satisfied.
         b.   Advise permittee that additional federal or state permits (wetlands, endangered species, erosion and sedimentation control, riparian buffers, mining, etc.) may be required, and require that copies of such permits be provided and maintained on file with the floodplain development permit.
         c.   Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
         d.   Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
         e.   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 Article VI – Environmental and Natural Resource Protection.
         f.   Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with Article VI – Environmental and Natural Resource Protection.
         g.   When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with Article VI – Environmental and Natural Resource Protection.
         h.   Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas or future conditions flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this ordinance.
         i.   When base flood elevation (BFE) data has not been provided, 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, in order to administer the provisions of this ordinance.
         j.   When base flood elevation (BFE) data is provided but no floodway nor non-encroachment area data has been provided, 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.
         k.   When the lowest ground elevation of a parcel or structure located within Zone AE is above the base flood elevation (BFE), advise the property owner of the option to apply for a Letter of Map Amendment (LOMA) from FEMA.
         l.   Maintain a copy of the Letter of Map Amendment (LOMA) issued by FEMA in the floodplain development permit file.
         m.   Permanently maintain all records that pertain to the administration of this ordinance and make these records available for public inspection.
         n.   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.
         o.   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 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.
         p.   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, or 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.
         q.   Make periodic inspections throughout all 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.
         r.   Follow through with corrective procedures of Article IX – Enforcement and Penalties.
         s.   Review, provide input, and make recommendations for variance requests.
         t.   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 Article VI – Environmental and Natural Resource Protection, including any revisions thereto including Letters of Map Change, issued by FEMA, and to notify the state and FEMA of mapping needs.
         u.   Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based on Fill (LOMR-F) and Letters of Map Revision (LOMR). Such additional powers and duties as may be set forth for the Administrator elsewhere in this ordinance and other laws and regulations of the town.
   7.01.3   TECHNICAL REVIEW COMMITTEE
   A.   Powers and Duties
      1.   There is hereby established a Technical Review Committee (TRC).
      2.   The TRC shall serve as the reviewing, recommending and approving body, where designated in the ordinance, with applications for development approval. The TRC shall provide advice and recommendations on environmental, planning, fiscal, design, engineering, transportation, utility, geo-hydrological, water availability, sustainability, environmental and technical issues, and to assess the comments and reports of reviewing town departments, regional, state and federal agencies and officials, owner/applicants and other interested parties with standing.
      3.   The TRC shall meet at the request of the Administrator. An owner/applicant may be invited to attend meetings of the TRC only at the discretion of the Administrator.
      4.   The TRC shall make recommendations to the Administrator, Board of Commissioners, Planning Board and other bodies for approval, conditional approval or denial of applications for development approval.
   B.   Membership
      1.   The TRC shall be chaired by the Administrator (or their designee) and shall consist of technical staff and representatives of various town departments on a project by project basis.
      2.   Members are appointed by the Administrator, and shall include (but not be limited to) representatives from Fire, Planning, Inspections and Public Utilities. In addition, and as appropriate, the TRC may include, for a specific development approval application, representatives of other jurisdictions or service providers, including but not limited to representatives from the Sheriff, police, parks and recreation, fire districts, school districts, other municipalities, county, public and private utilities, assessment or public improvement districts and regional, state or federal agencies.
   C.   UDO Review
      The Technical Review Committee shall serve as the reviewing and approving entity only for the following:
      1.   Minor site plans;
      2.   Major site plans;
      3.   Site construction plans;
      4.   Minor subdivisions;
      5.   Major subdivision preliminary plats;
      6.   Subdivision construction plans;
      7.   Final plats.
   7.01.4   BOARD OF COMMISSIONERS
   A.   Powers and Duties
   The Town of Lillington Board of Commissioners shall have the following powers and duties to be carried out in accordance with the terms of this ordinance.
      1.   To conduct any and all business in accordance with their charter and the North Carolina General Statutes.
      2.   To amend the land use plan and other plans as necessary.
   B.   UDO Decisions
   The Board of Commissioners shall render final decisions regarding the following:
      1.   Special use permits;
      2.   Text amendments;
      3.   Map amendments and rezonings;
      4.   Conditional zoning district.
   7.01.5   PLANNING BOARD
   A.   Powers and Duties
   The Town of Lillington Planning Board shall have the following powers and duties to be carried out in accordance with the terms of this ordinance.
      1.   To perform studies and surveys of the present conditions and probable future development of the town and its environs, including but not limited to, studies and surveys of land uses, population, traffic, parking, annexation, expansions of extraterritorial jurisdiction, etc.
      2.   To formulate and recommend to the Board of Commissioners the adoption and amendment of a land use plan and other plans as necessary.
      3.   To initiate proposals for amendments to the Unified Development Ordinance based upon the findings and recommendations delivered in such studies and adopted plans.
      4.   To determine whether specific proposed developments conform to the principles and requirements of the adopted land use plan for growth and improvement of the town.
      5.   Perform any other related duties that the Council may direct per G.S. § 160D-301.
   B.   Membership and Quorum
      1.   The Planning Board shall consist of six members, three from the corporate limits of the town and three from the one-mile territorial jurisdiction, who shall be appointed by the Board of Commissioners.
      2.   Three members shall be appointed for a term of two years and three members shall be appointed for a term of one year. As the terms of these six members expire, new appointments for terms of two years shall be made.
      3.   The appointment of members shall be made as vacancies occur by expiration of the term of office or at such other time as vacancies occur.
      4.   Per Town Code § 30.02, a quorum of three members shall be necessary to transact regular business and recommendations.
   C.   UDO Review and Recommendation
   The Planning Board shall review and make recommendations regarding the following:
      1.   Text amendments;
      2.   Map amendments and rezonings;
      3.   Conditional zoning district.
   7.01.6   BOARD OF ADJUSTMENT
   A.   Powers and Duties
      The Town of Lillington Board of Adjustment shall have the following powers and duties to be carried out in accordance with the terms of this ordinance.
      1.   To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, determination, or refusal made by the Administrator in the carrying out or enforcement of any provision of this ordinance. A concurring majority vote of the members of the Board shall be necessary to reverse, wholly or partly any order, requirement, decision, permit, determination or refusal.
      2.   To authorize by a concurring vote of four- fifths of the members of the Board, variances from the terms of this ordinance as will not be contrary to the public interest where, owing to the special conditions, the following written findings are made:
         a.   Unnecessary hardship would result from the strict application of the regulation. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
         b.   The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.
         c.   The hardship did not result from actions taken by the applicant of the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.
         d.   The requested variance is consistent with the spirit, purpose, and intent of the regulation such that the public safety is secured, and substantial justice is achieved.
   B.   Membership and Quorum
      1.   The Board of Adjustment shall consist of five voting members from within the town corporate limits and two voting members from the extraterritorial jurisdiction (ETJ) of the town. The five voting members of the Town Board of Commissioners shall serve ex officio as the five in-town representatives on the Board of Adjustment.
      2.   The two out-of-town members shall serve three-year terms and shall be appointed by the County Board of Commissioners or as otherwise provided by the North Carolina General Statutes.
      3.   ETJ members shall have the right to vote upon matters arising within the corporate limits. In addition, there shall be one in-town alternate and one ETJ alternate. The in-town alternate shall be the Mayor ex-officio as described below.
      4.   The Mayor of the town shall serve as the Chairperson of the Board of Adjustment.
      5.   The Chairperson may not vote on matters before the Board of Adjustment unless fewer than six members are present and the Chairperson’s participation would create a quorum.
      6.   The Mayor pro-tem shall serve as Vice Chairperson but retains the right to vote on all matters before the Board.
      7.   The Administrator shall serve as Clerk to the Board of Adjustment.
      8.   Meetings of the Board shall be held at the call of the Chairperson or at such other times as the Board may determine.
      9.   The Chairperson, or in his or her absence, the Vice Chairperson, may administer oaths and compel the attendance of witnesses.
      10.   All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member or his or her absence or failure to vote and of its other official actions.
      11.   A quorum of five members shall be necessary to transact business (four in-town members and one ETJ member).
   C.   UDO Decisions
   The Board of Adjustment shall render final decisions regarding the following:
      1.   Appeal of administrative decisions;
      2.   Variances.
(Ord. passed 2-14-2017; Ord. passed 2-15-2022)