Section 3.4 Reserved

Section 3.5 Historic Preservation Commission

   The Historic Preservation Commission shall have the following powers and duties, to be carried out in accordance with the terms of this Ordinance and NCGS Chapter 160D, Part 4:

   (A)   Undertake an inventory of properties of historical, architectural, and/or cultural significance;

   (B)   Recommend to the Village Council areas to be designated by ordinance as "Historic Districts"; and individual structures, buildings, sites, areas, or objects to be designated by ordinance as "Landmarks";

   (C)   Acquire by any lawful means the fee or any other lesser included interest, including options to purchase, to properties within established districts or any other such properties designated as landmarks, to hold, manage, preserve, restore and improve the same, and to exchange or dispose of the property by public or private sale, lease or otherwise, subject to covenants or other legally binding restrictions which will secure appropriate right of public access and promote the preservation of the property;

   (D)   Restore, preserve and operate historic properties;

   (E)   Conduct an educational program with respect to historic properties and districts within the jurisdiction of this Ordinance;

   (F)   Cooperate with State, federal, and local governments in pursuance of the purposes of this Section. The Village Council or the commission when authorized by the Council may contract with the State, or the United States of America, or any agency of either, or with any other organization provided the terms are not inconsistent with the State or Federal law;

   (G)   Enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. However, no member, employee or agent of the commission may enter any private building or structure without the express consent of the owner or occupant thereof;

   (H)   Prepare and recommend the official adoption of a preservation element as part of the Village Comprehensive Long Range Plan;

   (I)   Review and act upon proposals for alterations, demolitions, or new construction within historic districts, or for the alteration or demolition of designated landmarks, pursuant to this Section;

   (J)   Such additional powers and duties as may be set forth for the Historic Preservation Commission elsewhere in this ordinance and other ordinances of the Village; and

   (K)   Recommend design standards to the Village Council.

(Ord. 14-35, passed 09-24-2014; Ord. 21-12, passed 07-27-2021)

Section 3.6 Reserved

Section 3.7 Village Staff and Departments

3.7.1 Village Planner

   (A)   The Village Planner, or his or her designee, shall have the following powers and duties, to be carried out in accordance with the terms of this Ordinance:

      (1)   To review and comment on all applications for development approval for compliance with the terms of this Ordinance;

      (2)   The Village Planner is granted the authority to interpret, administer and enforce the provisions of this Ordinance, exercising in the fulfillment of his responsibility the full police power of the Village. The Village Planner, or his duly authorized representative, may enter any building, structure, or premises, as provided by law, to perform any duty imposed upon him by this Ordinance;

      (3)   To provide the Village Council, the Planning and Zoning Board, the Zoning Board of Adjustment, and the Historic Preservation Commission with the reports and recommendations regarding matters before those bodies, either as required by this Ordinance or upon the request of the body;

      (4)   To determine and enforce compliance with any conditions attached by the Village Council, Planning and Zoning Board, Historic Preservation Commission or the Zoning Board of Adjustment to its approval of a special use, variance, subdivision plat, site plan, conditional district rezoning or certificate of appropriateness;

      (5)   To advise the Planning and Inspections Department in its inspections of buildings, structures, and the use and development of land;

      (6)   To interpret, administer, and enforce compliance with the terms of this Ordinance;

      (7)   Such additional powers and duties as may be set forth for the Village Planner elsewhere in this Ordinance and other ordinances of the Village.

   (B)   It shall be the duty of the Village Planner to administer and enforce the provisions of Section 8.3.3 Watershed Protection Overlay Districts as follows:

      (1)   The Village Planner shall keep records of all amendments to the water supply watershed protection ordinances and shall provide copies of all amendments upon adoption to the Supervisor of the Classification and Standards Group, Water Quality Section, Division of Environmental Management;

      (2)   The Village Planner shall keep records of the jurisdiction's compliance with local watershed regulations;

      (3)   Reserved;

      (4)   The Village Planner shall keep a record of variances to Section 8.3.3 Watershed Protection Overlay District in accordance with Section 8.3.3.6 Modifications by Variance. This record shall be submitted to the Supervisor of the Classification and Standards Group, Water Quality Section, Division of Environmental Management on or before January 1st of each year and shall provide a description of each project receiving a variance and the reasons for granting the variance.

3.7.2 Planning and Inspections Department

   The Planning and Inspections Department, under the direction and supervision of the Village Planner, shall have the following powers and duties, to be carried out in accordance with the terms of this Ordinance:

   (A)   To review and comment on all applications for development approval which are submitted to the Department;

   (B)   To issue and revoke development permits, building permits, and certificates of occupancy, in accordance with Chapter 4 of this Ordinance and to make and maintain records thereof;

   (C)   To conduct inspections of buildings, structures, and the use and development of land and to enforce compliance with the terms of this Ordinance and other applicable ordinances and codes of the Village and the State, including all conditions of approval related to development;

   (D)   To review, inspect, and approve Village acceptance of subdivision and site plan improvements;

   (E)   To consult with the Village Engineer in regard to the calculated amounts of required guarantees for the installation of improvements, and to determine the sufficiency of improvement guarantee funds;

   (F)   To consult with the Village Engineer in regards to National Flood Insurance Program;

   (G)   To review all applications for approval of development within the Watershed Protection District for compliance with the provisions in Section 8.3.3 of this Ordinance regarding watershed protection;

   (H)   Such additional powers and duties as may be set forth for the Department elsewhere in this Ordinance and other ordinances and construction codes of the Village and the State.

3.7.3 Village Engineer

   The Village Engineer, or consultant serving as such, and any other professionally qualified employees or other staff members under the direction and supervision of the Village Engineer, shall have the following powers and duties, to be carried out in accordance with the terms of this Ordinance:

   (A)   To review and comment on all applications for development approval which are submitted to the Engineer;

   (B)   To prepare and maintain standard engineering design specifications for streets, storm drainage facilities, water and sewer, sidewalks, and other improvements;

   (C)   To conduct inspections of the use and development of land and to enforce compliance with the terms of this Ordinance and other applicable ordinances and codes of the Village and the state, including all conditions of approval related to development;

   (D)   To review and approve the design specifications for subdivision and site plan improvements;

   (E)   To advise other agencies and the elected and appointed bodies of the Village regarding the impact of any existing or proposed development on the Village's transportation and utility systems;

   (F)   To obtain certification from a registered professional engineer or architect when a structure is flood proofed;

   (G)   To maintain all records pertaining to the provisions of Developments in Flood Hazard Areas and Flood Damage Prevention and to hold them open for public inspection;

   (H)   To prepare and maintain the Engineering Standards and Specifications Manual;

   (I)   Such additional powers and duties as may be set forth for the Department elsewhere in this Ordinance and other ordinances of the Village.

   (J)   Deviations from the Engineering Standards can be allowed by the Village Engineer provided the intent and purpose of the standards are not compromised.

3.7.4 Fire Department

   The Fire Department, under the direction and supervision of the Fire Chief, shall have the following powers and duties, to be carried out in accordance with the terms of this Ordinance.

   (A)   Upon request of the Village Council, the Planning and Zoning Board, or the Technical Review Committee, to review and comment on applications for rezonings and proposed plans for development;

   (B)   To advise other agencies and the elected and appointed bodies of the Village regarding the impact of any existing or proposed development on fire safety;

   (C)   Such additional powers and duties as may be set forth for the Department elsewhere in this Ordinance and other ordinances of the Village.

3.7.5 Police Department

   The Police Department, under the direction and supervision of the Police Chief, shall have the following powers and duties, to be carried out in accordance with the terms of this Ordinance:

   (A)   Upon request of the Village Council, the Planning and Zoning Board, or the Technical Review Committee, to review and comment on applications for rezonings and proposed plans for developments;

   (B)   To advise other agencies and the elected and appointed bodies of the Village regarding the impact of any existing or proposed development on crime prevention and public safety;

   (C)   Such additional powers and duties as may be set forth for the Department elsewhere in this Ordinance and other ordinances of the Village.