(A) Creation.
(1) There is hereby established the Swansboro Historic Preservation Commission (SHPC) hereafter referred to as the “Historic Preservation Commission” or “Commission,” to consist of five regular members and two alternate members appointed by the
of the Town of Swansboro. Those
sitting as members of the existing Historic Preservation Commission shall continue to serve out the terms to which they have been appointed. Thereafter, members shall be appointed by the
of the Town of Swansboro to serve three year terms, and said terms shall continue to be staggered. Members appointed to fill a vacancy shall be appointed to serve the remainder of the vacated term. Alternate members may serve in the absence or temporary disqualification of any regular member or to fill a vacancy pending appointment of a member. Alternate members are expected to attend and participate in all meetings of the Commission when required.
(2) Members shall have no limitation placed on the number of consecutive terms they may hold. The
may request termination of a member at their privilege and reappoint or not reappoint members when their term is complete.
(3) At the first regularly held meeting of the new calendar year, the Historic Preservation Commission shall elect from among its regular members a Chairman and Vice-Chairman to serve for one year.
(4) The Chairman of the Commission or his/her designee shall serve on the Swansboro
, as the Commission’s representative and shall have all rights and responsibilities of any other
member, including the right to vote.
(B) Qualifications. All members of the Swansboro Historic Preservation Commission shall reside within the planning and zoning jurisdiction of the Town of Swansboro. It is desirable that a majority of members reside within the Historic District. Pursuant to G.S. §160D-303, a majority of members shall have demonstrated special interest, experience or education in history, architecture, archeology, or related fields.
(C) Duties of the Swansboro Historic Preservation Commission. The duties of the Swansboro Historic Preservation Commission shall include the following pursuant to G.S. §160D-942:
(1) Undertake an inventory of properties of historical, prehistorical, architectural, and/or cultural significance;
(2) Recommend to the Board of Commissioners areas to be designated by ordinance as “Historic Districts” and individual structures, buildings, sites, areas, or objects to be designated by ordinance as “Landmarks;”
(3) Acquire by any lawful means the fee or any lesser included interest, including options to purchase, to properties within established districts or to any such properties designated as landmarks to hold, manage, preserve, restore, and improve such properties, and to exchange or dispose of the property by private or public sale, lease or otherwise, subject to covenants or other legally binding restrictions which will secure appropriate rights of public access and promote the preservation of the property;
(4) Restore, preserve, and operate historic properties;
(5) Recommend to the
that designation of any area as an historic district or part thereof, or designation of any , , site, area, or object as a landmark, be revoked or removed for cause;
(6) Conduct an educational program regarding historic properties and districts within the town’s planning jurisdiction;
(7) Cooperate with the state, federal, and local governments in pursuance of the purposes of this ordinance. The
, or the Commission, when authorized by the
, may contract with the state, the United States of America, or any agency of either, or with any other organization provided the terms are not inconsistent with state or federal law;
(8) Enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination of survey thereof. However, no member, employee, or agent of the Commission may enter any private or without the express consent of the
or occupant thereof;
(9) Prepare and recommend the official adoption of a preservation element as part of the town’s
;
(10) Review and act upon proposals for
, demolitions, or
within historic districts, or for the alteration or demolition of designated landmarks, pursuant to this ordinance; and
(11) Negotiate at any time with the
of a , , site, area or object for its acquisition or its preservation, when such action is reasonably necessary or appropriate.
(D) Meetings.
(1) Regular meetings. Regular meetings of the Swansboro Historic Preservation Commission shall be held in the Swansboro Town Hall Assembly Room the first Tuesday of each month at a time to be determined by the Commission.
(2) Special meetings. Special meetings of the Commission may be called at any time by the Chairman or by a majority of the members. At least 48 hours notice of the time and place of such meeting shall be given by the Town Clerk to each member and appropriate media organizations. Items of business at such special meetings shall be limited to those set out in the notice of the meeting. The order of business for special meetings shall be set out in the meeting call. All meetings shall conform to the North Carolina Open Meetings Law, G.S. Ch. 143, Art. 33C.
(3) Quorum. A quorum shall consist of a simple majority of the Swansboro Historic Preservation Commission.
(4) Conduct of meetings.
(a) All meetings shall be open to the public, subject to the provisions of the North Carolina Open Meetings Law.
(b) The Chairman, at his/her discretion, may impose time limits upon those desiring to speak.
(c) At the close of discussion the Chairman may: (a) call for a formal motion, a second and a vote for or against the motion; or (b) call for a formal motion, a second and a vote by the members to table or continue the matter being heard until such time as additional necessary information may be obtained.
(d) 1. A member of the Commission exercising quasi-judicial functions 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 violations of due process 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
, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.
2. If an objection is raised to a board member’s participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.
(5) Vote. The vote of a majority of those members present shall be sufficient to decide matters before the Commission, provided three members are present. Abstention counts as a “yes” vote. Chairman votes only to break ties.
(E) Attendance of meetings. Any member of the Swansboro Historic Preservation Commission who misses more than three consecutive regular meetings or more than half the regular meetings in a calendar year shall lose his or her status as a member of the Commission and shall be replaced or re-appointed by the Town Board. Absence due to sickness, death, or other emergencies of like nature shall be recognized as approved absences and shall not affect the members status on the Commission except that in the event of a long illness or other such case for prolonged absence, the member shall be replaced.
(F) Meeting minutes. The Commission shall keep permanent minutes of all its meetings. The minutes shall record attendance of its members, its resolutions, findings, recommendations and actions.
(G) Rules of procedure. The Swansboro Historic Preservation Commission shall adopt and publish rules of procedure for the conduct of its business.
(H) Annual report required. An annual report shall be prepared and submitted by the Commission to the on or before February 15th each year. The report shall include a review of the activities, actions and problems of the Commission along with any recommendations that the Commission cares to make to the .
(I) An administrator will be appointed to oversee the administrative functions of the Historic Preservation Commission by the
.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. passed 3-20-2007; Am. Ord. 2008-O4, passed 2-19-2008; Am. Ord. 2008-O33, passed 11-8-2008; Am. Ord. 2010-O6, passed 2-16-2010; Am. Ord. 2012-O9, passed 8-21-2012; Am. Ord. 2016-O10, passed 9-13-2016; Am. Ord. 2021-O3, passed 5-24-2021)