CHARTER
Section
   1.   Chapter 386, Session Laws of 1973.
ARTICLE I.
INCORPORATION AND CORPORATE POWERS
   1.1.   Incorporation and General Powers.
ARTICLE II.
CORPORATE BOUNDARIES
   2.1.   Existing Corporate Boundaries.
   2.2.   Extension of Corporate Boundaries.
ARTICLE III.
MAYOR AND BOARD OF COMMISSIONERS
   3.1.   Composition of Board of Commissioners.
   3.2.   Mayor and Mayor Pro Tempore.
   3.3.   Terms; Qualifications; Vacancies.
ARTICLE IV.
ELECTION PROCEDURE
   4.1.   Regular Municipal Elections.
   4.2.   Elections To Be By Nonpartisan Plurality Method.
ARTICLE V.
ORGANIZATION AND ADMINISTRATION
   5.1.   Form of Government.
   5.2.   Town Manager.
   5.3.   Attorney.
   5.4.   Town Clerk.
   5.5.   Town Finance Officer.
   5.6.   Tax Collector.
   5.7.   Consolidation of Functions.
   5.8.   Chief of Police.
   5.9.   Fire Chief.
   5.10.   Town Departments.
ARTICLE VI.
LOCAL IMPROVEMENTS AND ASSESSMENTS
FOR LOCAL IMPROVEMENTS
   6.1.   Authority to Make Local Improvements.
   6.2.   Separate Proceedings Not Required.
   6.3.   Definitions.
   6.4.   Improvements Described.
   6.5.   Water and Sewer Mains Between Streets; Assessment.
   6.6.   Inclusion of More than One Improvement in Single Proceeding.
   6.7.   Resolution Ordering Improvements; Publications.
   6.8.   Details of Construction; Contracts for Construction.
   6.9.   Determination as to Cost of Improvements.
   6.10.   Corner Lot Exemptions.
   6.11.   Preliminary Assessment Roll, Contents, Publication, Posting, Serving or Mailing.
   6.12.   Hearing; Revision; Confirmation; Lien.
   6.13.   Appeal to Superior Court.
   6.14.   Error in Assessment; Power to Correct; Procedure.
   6.15.   Reassessment.
   6.16.   Publication of Notice of Confirmation of Assessment Roll.
   6.17.   Payment of Assessments in Cash or by Installments.
   6.18.   Procedure to Enforce Payment; Mandamus Against Railroads and State Agencies; Foreclosure Against Individuals.
   6.19.   Assessment of Cost of Water Main and Sewer Extensions.
   6.20.   Apportionment of Assessments.
   6.21.   Change of Ownership.
   6.22.   Lands Subject to Assessment.
   6.23.   Proceedings in Rem.
   6.24.   Grass Plot and Driveway Maintenance.
   6.25.   Abeyance of Certain Water and Sewer Assessments.
   6.26.   Abutting Property Outside City Limits.
   6.27.   Acreage Charges for Water and Sewer Connections.
   6.28.   Site Plan Approval.
   6.29.   Road or Drainage Projects Fees.
   6.30.   Open Space Project Fees.
   6.31.   Recreation Project Fees.
   6.32.   Implementing.
ARTICLE VII.
EMINENT DOMAIN
   7.1.   Condemnation; Authority and Procedure.
ARTICLE VIII.
REGULATORY POWERS
   8.1.   Subdivision; Require Installation of Improvements.
   8.2.   Applicable to Public Service Corporations.
   8.3.   Planning Jurisdiction.
ARTICLE IX.
MISCELLANEOUS POWERS
   9.1.   Powers Additional to Other Powers.
   9.2.   Regulation of Business on Sundays.
   9.3.   Operation of Motor Vehicles Upon Certain Premises.
   9.4.   Forbidding Entry Upon Certain Premises.
   9.5.   Cemetery Lots; Sale.
ARTICLE X.
CLAIMS AGAINST THE TOWN
   10.1.   Presentation of Claims; Suit Upon Claims.
ARTICLE XI.
CHARTER AMENDMENTS
   11.1.   Incorporation of Amendments.
 
   2.            
   3.             
   4.             
   5.             
   6.             
   7.             
   8.             
   9.             
SEC. 1  CHAPTER 386, SESSION LAWS OF 1973.
   An act to revise and consolidate the Charter of the Town of Zebulon and to repeal prior Charter Acts.
(Ord. 2004-45, passed 4-4-2004)
ARTICLE I.  INCORPORATION AND CORPORATE POWERS
SEC. 1.1.  INCORPORATION AND GENERAL POWERS.
   The inhabitants of the Town of Zebulon, within the corporate limits as now or hereafter established shall be, and continue as they have heretofore been, a municipal body politic and corporate, under the name of the Town of Zebulon.  The Town of Zebulon shall have all the powers, duties, rights, privileges, and immunities conferred and imposed on cities by the Constitution, by the general laws of the State of North Carolina and by this Charter.  The enumeration of particular powers by the Charter shall not be deemed to be exclusive, and it is intended that the Town of Zebulon shall have and exercise all powers which, under the Constitution and the laws of the State of North Carolina, it would be competent for this Charter specifically to enumerate.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
ARTICLE II.  CORPORATE BOUNDARIES
SEC. 2.1.  EXISTING CORPORATE BOUNDARIES.
   The corporate limits of the Town shall be those existing at the time of the ratification of this Charter and as the same may be altered from time to time in accordance with law.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 2.2.  EXTENSION OF CORPORATE BOUNDARIES.
   All extensions of the corporate boundaries shall be governed by the General Statutes of North Carolina.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
ARTICLE III.  MAYOR AND BOARD OF COMMISSIONERS
SEC. 3.1.  COMPOSITION OF BOARD OF COMMISSIONERS.
   The Board of Commissioners shall consist of five members to be elected by the qualified voters of the Town voting at large in the manner provided in Article IV.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 3.2.  MAYOR AND MAYOR PRO TEMPORE.
   The Mayor shall be elected by and from the qualified voters of the Town at large in the manner provided in Article IV. The Board of Commissioners shall choose one of its members to act as Mayor Pro Tempore, and he shall perform the duties of the Mayor in the Mayor’s absence or disability. The appointment of the Mayor Pro Tempore shall be done at the organizational meeting of the board.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 3.3.  TERMS; QUALIFICATIONS; VACANCIES.
   Pursuant to G.S. §§ 160A-101 and 160A-102, the Charter of the Town of Zebulon as set forth in Chapter 386 of the 1973 Session Laws of North Carolina, as amended, is hereby further amended to provide that the members of the Town Board of Commissioners shall hereafter be elected for four-year terms on a staggered basis as follows: at the regular municipal election to be held in 1977, the two candidates who receive the highest number of votes shall be elected for four-year terms, while the three candidates who receive the next highest number of votes shall be elected for two-year terms. Beginning at the regular municipal election to be held in 1979, and every four years thereafter, three members of the Board of Commissioners shall be elected to serve for four-year terms. Beginning at the regular municipal election to be held in 1981, and every four years thereafter two members of the Board of Commissioners shall be elected to serve for four-year terms. Beginning at the regular municipal election to be held in 1977 and every four years thereafter the Mayor of the Town of Zebulon shall be elected for a four-year term.
   In the event a vacancy occurs in the office of commissioner, the board shall, by a plurality vote, appoint some qualified person to fill the vacancy until the next general election, and the person appointed to fill the vacancy shall serve only until an elected successor takes office. The seats will be filled as follows from the votes cast at the election: the seats would be filled by plurality and the seats that would normally be up for election shall be filled first based on the highest numbers of votes equal to the number of seats to be filled for full terms and the unexpired term shall be based on the next highest number of votes.
(This section changed by a vote of the legislature.)
(Session Laws of 1973, Chapter 386)  (Ord. passed 2-7-77; Ord. 2004-45, passed 4-5-2004)
ARTICLE IV.  ELECTION PROCEDURE
SEC. 4.1.  REGULAR MUNICIPAL ELECTIONS.
   Elections shall be held biennially in odd-numbered years on the day set by general law for municipal elections.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 4.2.  ELECTIONS TO BE BY NONPARTISAN PLURALITY METHOD.
   Elections for Mayor and Board of Commissioners shall be by the nonpartisan plurality method set out in North Carolina General Statute 163-292.  All elections and referendums of the Town of Zebulon shall be held and conducted as provided by the applicable General Statutes of North Carolina.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
ARTICLE V. ORGANIZATION AND ADMINISTRATION
SEC. 5.1  FORM OF GOVERNMENT.
   The form of government of the Town of Zebulon shall be known as the “council-manager form of government,” as set forth in the General Statutes of North Carolina subject to the modifications of this charter. Nothing contained in this charter shall be construed to prevent the form of government of the Town of Zebulon from being changed as provided by law.
(Ord. 2004-45, passed 4-4-2004)
SEC. 5.2.  TOWN MANAGER.
   The Board of Commissioners shall appoint an officer whose title shall be Town Manager and who shall be the head of the administrative branch of the city government.  The Town Manager shall be chosen by the Board of Commissioners solely on the basis of his executive and administrative qualifications with special reference to actual experience in, or knowledge of, accepted practice in respect to the duties of his office as hereinafter prescribed.  The Town Manager shall serve at the pleasure of the Board of Commissioners and shall receive such salary as the Board of Commissioners shall fix.  In case of absence or disability of the Town Manager, the Commissioners may designate a qualified administrative officer of the Town to perform the duties of the Manager during such absence or disability.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
Editor's note:
   The Town Manager shall exercise those duties set forth in G.S. § 160A-148, as well as those established by the town from time to time
SEC. 5.3  ATTORNEY.
   The Board of Commissioners shall appoint a Town attorney who shall be an attorney at law licensed to engage in the practice of law in North Carolina and who need not be a resident of the Town during his tenure.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 5.4  TOWN CLERK.
   The Board of Commissioners shall appoint a Town Clerk to keep a journal of the proceedings of the Board of Commissioners and maintain in a safe place all records and documents pertaining to the affairs of the Town, and to perform such other duties as may be required by law, by the Board of Commissioners or as the Town Manager may direct. The Town Clerk shall receive such compensation and be required to give such bond as the Board may from time to time determine.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 5.5.  TOWN FINANCE OFFICER.
   The Town Manager may appoint, suspend or remove a Town Finance Officer, whose powers and duties shall be as defined in 'The Local Government Budget and Fiscal Control Act' of the general laws of North Carolina.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
Editor's note:
   For bond requirements, see G.S. § 159-29
   For provisions concerning the office of Finance Officer, see G.S. § 159-24
SEC. 5.6.  TAX COLLECTOR.
   The Board of Commissioners may appoint a Tax Collector whose powers and duties shall be as defined in Chapter 105 of the North Carolina General Statutes.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 5.7.  CONSOLIDATION OF FUNCTIONS.
   The Board of Commissioners may consolidate any two or more of the positions of Town Manager, Town Clerk, Tax Collector, and any other appointive position, or may assign the functions of any one or more of these positions to the holder or holders of any other of these positions.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 5.8.  CHIEF OF POLICE.
   The Chief of Police shall have supervision and control of the police force and shall enforce discipline therein.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
Editor's note:
   The Chief of Police is appointed by the Town Manager and is responsible for the efficiency and discipline of the Police Department, with approval of the Town Manager
SEC. 5.9.  FIRE CHIEF.
   The Chief of the Fire Department shall be responsible for the efficiency and discipline of the fire department. The Fire Chief is appointed, suspended or removed by the Town Manager and is responsible for the efficiency and discipline of the Fire Department, with approval of the Town Manager.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 5.10.  TOWN DEPARTMENTS.
   The Board of Commissioners may establish such departments to serve the Town as they deem appropriate.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
ARTICLE VI.  LOCAL IMPROVEMENTS AND ASSESSMENTS FOR LOCAL IMPROVEMENTS
SEC. 6.1.  AUTHORITY TO MAKE LOCAL IMPROVEMENTS.
   The Board of Commissioners shall have authority to make the local improvements described in this Charter, as in its discretion it may deem appropriate with or without any petition so to do and to assess the total cost against the abutting property.  The procedure set forth in this Article shall not be exclusive, but shall be in addition to any other procedure provided by law.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.2.  SEPARATE PROCEEDINGS NOT REQUIRED.
   One or more local improvements may be made in a single proceeding, and assessments for one or more local improvements may be combined.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.3.  DEFINITIONS.
   Certain words and phrases will be used with the following meanings with reference to local improvements, unless some other meaning is plainly intended.
   (a)   A street is the entire width between property or right-of-way lines of every way or place, of whatever nature, when any part thereof is dedicated or open to the use of the public as a matter of right for the purpose of vehicular or pedestrian traffic, and whether such portion devoted to traffic be divided by any railroad, or other utility right-of-way, parkway or in any other manner.
   (b)   A sidewalk is the part of a street which is used or to be used for pedestrian traffic.
   (c)   A storm sewer is a conduit above or below ground for the passage of storm water and may include a pumping station and outlet where deemed necessary and may also include the building of culverts over or the enclosing of streams where needed to carry off storm water.
   (d)   A sanitary sewer is a conduit, preferably underground, for the passage of sewage and may include a pumping station and outlet.
   (e)   A water main is a pipe for the passage of Town water for public hydrants and private and public use and consumption.
   (f)   A lateral is a pipe connecting a storm or sanitary sewer or water main with the line of adjacent property or the curb line, being either a sewer lateral or water lateral, but does not include a building connection, that is, a pipe extending from a lateral at the property line or curb line to the house or plumbing fixture to be served.
   (g)   A roadway is the part of a street which is used or to be used for vehicular traffic.
   (h)   The word sewer includes both sanitary and storm sewers unless a contrary intention is shown.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.4.  IMPROVEMENTS DESCRIBED.
   The Board of Commissioners shall have authority to make the following local improvements:
   (a)   Roadway paving improvements, which include the grading, regrading, paving, repaving and widening of roadways, or the improvement thereof with any treatment designed to provide an improved wearing surface with necessary drainage, sewer inlets, manholes and catch basins and the construction or reconstruction of retaining walls made necessary by any change of grade incident to such improvement, and, in any case where the improvement is made, if the Board so directs, it may include the construction or reconstruction of curbs, gutters, drains and sidewalks.
   (b)   Water main improvements, which include the laying or construction of water mains, the relaying where necessary of parts of paved roadways and sidewalks torn up or damaged by the laying or construction of such mains, and, in any case where the improvement is made and the Board so directs, the laying of water laterals.
   (c)   Sanitary sewer improvements, which include the laying or construction of sanitary sewers, the relaying where necessary of parts of paved roadways and sidewalks torn up or damaged by the laying or construction of such sewers, and, in any case where the improvement is made and the Board so directs, the laying of sanitary sewer laterals.
   (d)   Storm sewer improvements, which include the laying or construction of storm sewers, the relaying where necessary of parts of paved roadways and sidewalks torn up or damaged by the laying or construction of such sewers, and, in any case where the improvement is made and the Board so directs, the laying of storm sewer laterals.
   (e)   Sidewalk improvements, which include the grading, regrading, construction, reconstruction and repair of paved or other improved sidewalks, reconstruction of retaining walls made necessary by the incident to such improvements, and in any case where the improvement is made, if the Board so directs, it may include the construction or reconstruction of curbs, gutters and drains, and the construction or reconstruction of all such portions of driveways as in the judgment of the Board ought to be laid in the street area.
   (f)   Grass plot improvements, which include the grading and planting of grass plots in the street.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.5.  WATER AND SEWER MAINS BETWEEN STREETS; ASSESSMENT.
   Whenever the Board finds it in the public interest, and it will be more economical and the interest of the property owners will best be served by construction of either water or sanitary sewer mains, or both, between streets rather than in a street, they may be constructed between streets. The cost of the construction of such water or sewer mains and laterals shall be assessed according to the street frontage in the same manner and to the same extent that it would be assessed if the improvements were constructed in a street.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.6.  INCLUSION OF MORE THAN  ONE IMPROVEMENT IN SINGLE PROCEEDING.
   (a)   Uniformity of cost and kind. Any proceeding may include one or more local improvements on one or more streets, but all improvements included in one procedure shall be practically uniform in cost and kind.  A proceeding may include improvements on only one side of a street.
   (b)   Assessment of Costs, Manner and Method. The proceeding may provide for making any one or more local improvements in or on a street or streets and for the assessment of the cost thereof, except the Town's portion, wholly against the property abutting one side of such street or streets or otherwise against such abutting property as may be designated in the petition, if one, and if not in the resolution ordering the proceeding, in any of the following cases: (1) In any case, where there is a park land or unimproved land abutting one side or a part of one side of a street; or (2) where the land abutting one side or a part of one side of a street is of such nature or is devoted to such purpose that a special assessment against it  cannot be made, or, if made would probably exceed the value of the land assessed; or (3) where the owners of all the property to be assessed agree thereto.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.7.  RESOLUTION ORDERING IMPROVEMENTS; PUBLICATIONS.
   (a)   After the Board determines to make the improvements proposed, it shall adopt a resolution which shall contain:
      (1)   If the improvements are to be made by petition, a finding by the Board as to the sufficiency of the petition, which finding shall be final and conclusive.
      (2)   If the improvements are to be made without petition, a finding by the Board of such facts requiring authorization of improvements without petition.
      (3)   A general description of the improvements to be made, and the designation of the street or streets or parts thereof where the work is to be done.
      (4)   If the improvement directed to be made includes the construction of water mains or sewers, and in order to provide the mains or sewers in the street or streets to be improved, it is necessary to extend them beyond the limits of the street or streets, the resolution shall contain a provision for the necessary extension of such mains or sewers, and a further provision that the cost of such extension shall be assessed against the lots or parcels of land abutting the street or streets in which such extensions are made, but that assessments shall not be made until such time as the Board shall thereafter determine by appropriate resolution.
      (5)   If the improvement directed to be made is the paving of a roadway or part thereof, or the construction of sidewalks, the resolution may, but need not, contain a direction that the owner of each lot abutting the part of the street to be improved connect his lot by means of laterals with water mains, gas or sewer pipes, or any one or more thereof, located in the street adjacent to his premises in accordance with the requirements governing the laying of laterals, and that unless the owners cause laterals to be laid on or before a date specified in the resolution, the date to be not less than 30 days after the date of the resolution, the Board will cause the same to be laid.
      (6)   A designation of the proportion of the cost of the improvements to be assessed against abutting property, and of the number of equal annual installments in which assessments may be paid.
   (b)   Publication and Posting of Notice.  The resolution after its passage shall be published at least once in some newspaper of general circulation in the Town which is qualified to carry legal notices, or if there be no such newspaper, the resolution shall be posted in three public places in the Town for at least five days, except that in any case where the Board directed that the notice should be served or mailed instead of being published, the resolution ordering the improvements need not be either published or posted.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.8.  DETAILS OF CONSTRUCTION; CONTRACTS FOR CONSTRUCTION.
   The Board shall have power to determine the character and type of construction and of material to be used and to determine any other details of plan or construction necessary to be determined in making any local improvements and to determine whether any work to be done by the Town shall be done by contract or by the Town. The Board shall have power, also, unless otherwise limited, to determine the number of water, sewer and gas laterals that shall be laid to any lot on any street to be improved.  If the work or any part thereof is to be done by contract, the Board may let all of the work in one contract, or it may divide it into several contracts and may let contracts separately.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.9.  DETERMINATION AS TO COST OF IMPROVEMENTS.
   Upon completion of the improvements, the Board shall ascertain the total cost.  In addition to other items of cost there may be included therein the cost of all necessary legal services, the amount of interest paid during construction, the amount of damages paid or to be paid for injury to property by reason of any change of grade or drainage, including court costs and other expenses incidental to the determination of damages, and the cost of retaining walls, sidewalks or fences built or altered in lieu of cash payment for property damage, including the cost of moving or altering any building.  The determination of the Board as to the total cost of any improvement shall be conclusive.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.10.  CORNER LOT EXEMPTIONS.
   The Board of Commissioners shall have authority to establish schedules of exemptions from assessments for corner lots when a project is undertaken along both sides of such lots. The schedules of exemptions shall be based on categories of land used (residential, commercial, industrial, or agricultural) and shall be uniform for each category. The schedule of exemptions may not provide exemption of more than seventy-five percent (75%) of the frontage of any side of a corner lot, or 150 feet, whichever is greater.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.11.  PRELIMINARY ASSESSMENT ROLL, CONTENTS, PUBLICATION, POSTING, SERVING OR MAILING.
   The Board shall cause to be prepared a preliminary assessment roll, on which shall be entered a brief description of each lot or parcel of land assessed, the amount assessed against each lot, the name or names of the owner or owners of each lot as far as the same can be ascertained; provided that a map of the improvements on which is shown the frontage and location of each affected lot, together with the amount assessed against each lot and the name or names of the owner or owners thereof as far as the same can be ascertained, shall be a sufficient assessment roll. If the resolution directed the making of more than one improvement, a single preliminary assessment roll for all the improvements authorized by such resolution shall be sufficient, but the cost of each improvement to each lot affected shall be shown separately. After the preliminary assessment roll has been completed, it shall be filed in the office of the Town Clerk, and there shall be published in some newspaper of general circulation in the Town which is qualified to carry legal notices, or if there be no such newspaper, the Town Clerk shall cause to be posted in three public places in the Town a notice of the completion of the assessment roll, setting forth a description in general terms of the improvements, and stating the time fixed for the meeting of the Board for the hearing of objections to the special assessments, such meeting to be not earlier than ten days after the first publication or from the date of posting of said notice. Any number of assessment rolls may be included in one notice. In any case where the preliminary notice was served or mailed instead of being published, this notice need not be published or posted but may be served or mailed. The serving or mailing of notices shall be completed not less than five days prior to the date fixed for the hearing of the assessment roll, and the return of the person serving or mailing the same shall, in the absence of fraud, be conclusive that the same were served or mailed.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.12.  HEARING; REVISION; CONFIRMATION; LIEN.
   At the time appointed for that purpose or at some other time to which it may adjourn, the Board shall hear objections to the preliminary assessment roll of all persons interested who may appear and offer proof in relation thereto.  Then or thereafter, the Board shall either annul or sustain or modify in whole or in part the assessment, either by confirming the preliminary assessment against any or all lots or parcels described thereon, or by cancelling, increasing or reducing the same.  If any property is omitted from the preliminary roll, the Board may place it on the roll and levy the proper assessment.  The Board may thereupon confirm the assessment roll.  Whenever the governing body shall confirm assessments for local improvements, the Town Clerk shall enter on the Board minutes and on the assessment roll the date, hour and minute of confirmation, and from the time of confirmation the assessment shall be a lien on the property assessed of the same nature and to the same extent as county and city taxes and shall be superior to all other liens and encumbrances.  After the assessment roll is confirmed, a copy of the same shall be delivered to the Town Tax Collector.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.13.  APPEAL TO SUPERIOR COURT.
   If the owner of, or any person interested in, any lot or parcel of land against which an assessment is made is dissatisfied with the amount of the assessment, he may, within 10 days after the confirmation of the assessment roll, give written notice to the Board that he takes an appeal to the Superior Court of Wake County, in which cases he shall within 20 days after the confirmation of the assessment roll serve on the Mayor or Town Clerk a statement of facts upon which he bases his appeal.  The appeal shall be tried as other actions at law.  The remedy herein provided for any person dissatisfied with the amount of the assessment against any property of which he is the owner or in which he is interested shall be exclusive.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.14.  ERROR IN ASSESSMENT; POWER TO CORRECT; PROCEDURE.
   If it shall appear after confirmation of any assessment roll that an error has been made, the Town Clerk shall cause to be published one time in some newspaper of general circulation in the Town, or if there be no such newspaper, the Town Clerk shall cause to be posted at three public places in the Town a notice referring to the assessment roll in which the error was made, naming the owner or owners of the lot or parcel of land affected by the error if the same can be ascertained, and naming the time and place fixed for a hearing by the Board for the correction of the error, such meeting not to be earlier than 10 days from the publication or from the date of the posting of the notice. At the time fixed in the notice or at some subsequent time to which the Board may adjourn, the Board, after giving the owner or owners of the property affected and other persons interested therein an opportunity to be heard, may proceed to correct the error, and the assessment then made shall have the same force and effect as if it had originally been properly made. No notice and hearing shall be necessary if the correction does not increase an assessment against any property not owned by the Town, or if all the property owners affected by the correction waive notice in writing.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.15.  REASSESSMENT.
   The Board shall have the power, when in its judgment there is any irregularity, omission, error or lack of jurisdiction in any of the proceedings relating thereto, to set aside the whole of the local assessment made by it and thereupon to make a reassessment.  In such case there shall be included, as a part of the cost of the improvements involved, all interest paid or accrued on notes or certificates of indebtedness or bonds issued by the Town to pay the expenses of such improvement.  The proceeding shall, as far as practicable, be in all respects as in the case of original assessments, and the reassessment shall have the same force as if it had originally been properly made.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.16.  PUBLICATION OF NOTICE OF CONFIRMATION OF ASSESSMENT ROLL.
   After the expiration of 20 days from the confirmation of the assessment roll, the Town Clerk shall cause to be published one time in some newspaper of general circulation in the Town which is qualified to carry legal notices, or if there be no such newspaper, shall cause to be posted at three public places in the Town a notice of confirmation of the assessment roll, and that assessments may be paid at any time before the expiration of 30 days from the date of publication or posting of the notice without interest from the date of confirmation of the assessment roll, but that if such assessment is not paid in full within said time, all installments thereof shall bear interest until paid at the rate fixed in the assessment resolution, but not more than eight percent (8%) per annum from the date of confirmation of the assessment roll.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.17.  PAYMENT OF ASSESSMENTS IN CASH OR BY INSTALLMENTS.
   The property owner assessed shall have the option of paying for improvements in cash or in not less than two or more than five equal annual installments as may have been determined in the resolution ordering the improvements. If paid in installments, installments shall bear interest at the rate fixed in the assessment resolution, but not more than eight percent (8%) per annum from the date of confirmation of the assessment roll. If any assessment is not paid in cash, the first installment with interest shall become due and payable 30 days after the publication or posting of the notice of confirmation, and one subsequent installment and interest shall be due and payable on the same day of the same month in each successive year until the assessment is paid in full; provided, however, that if the Board shall so direct installments shall become due and payable on the same date when property taxes of the Town are due and payable. If any installment with interest is not paid when due, it shall be subject to the same penalties as are now prescribed by law for unpaid taxes, in addition to the interest herein provided for. The whole assessment may be paid at any time by the payment of the full amount due with accrued interest.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.18.  PROCEDURE TO ENFORCE PAYMENT; MANDAMUS AGAINST RAILROADS AND STATE AGENCIES; FORECLOSURE AGAINST INDIVIDUALS.
   Upon the failure of any property owner to pay any installment when due and payable, all of the installments remaining unpaid shall immediately become due and payable, and property and rights-of-way may be sold by the Town under the same rules, regulations, rights of redemption and savings as are now prescribed by law for the sale of land for unpaid taxes.  Unpaid assessments, interest and penalties owned by railroad companies and the State of North Carolina, its agencies or subdivisions, may be collected by writs of mandamus issued by the Superior Court of Wake County.  Collection of assessments with interest and penalties may also be made by the Town by proceedings to foreclose the lien of assessments as a lien for mortgages is or may be foreclosed under the laws of the State, and it shall be lawful to join in any bill for foreclosure any one or more lots or parcels of land, by whomsoever owned, if assessed for an improvement ordered by the same resolution, after default in the payment of any installment.  The payment of said installment, together with interest and penalties due thereon and any advertising and legal costs already incurred, before the lot or parcel of land against which the same is a lien is sold or said lien is foreclosed, shall bar the right of the Town to sell land or to foreclose the lien by reason of default.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.19.  ASSESSMENT OF COST OF WATER MAIN AND SEWER EXTENSIONS.
   If the resolution ordering the making of any improvement or improvements included a provision for any necessary extension of a water main or sewer or sewers beyond the limit of a street or streets, at such time after the completion of said extension or extensions as in the judgment of the Board circumstances justify the assessment of the cost thereof, the Board shall cause a preliminary assessment to be made, and the procedure thereafter to be followed with respect to such assessment and the force and effect thereof shall be as already prescribed for other assessments.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.20.  APPORTIONMENT OF ASSESSMENTS.
   In any case where one or more special assessments have been made, and property has been or is about to be subdivided, and it is desirable that the assessments be apportioned among the subdivisions of such property, the Board may, upon application by the owner or owners, apportion the assessments among the subdivisions. Thereafter, each subdivision shall be relieved of any part of the original assessment except the part apportioned to the subdivision, and the part of the original assessment apportioned to any subdivision shall be of the same force and effect as the original assessment.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.21.  CHANGE OF OWNERSHIP.
   No change of ownership of any property or interests therein after the passage of a resolution ordering the making of a local improvement shall affect subsequent proceedings, and the improvement may be completed and assessments made therefor as if there had been no change in ownership.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.22.  LANDS SUBJECT TO ASSESSMENT.
   No lands in the town including railroad company lands and rights-of-way and property of the State of North Carolina, its agencies or subdivisions, shall be exempt from special assessments except lands belonging to the United States which are exempt under the provisions of Federal Statutes, and the council and the officers, trustees or boards of all incorporated or unincorporated bodies in whom is vested the right to hold and dispose of real property shall have the right by authority duly given to sign the petition for any local improvements.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.23.  PROCEEDINGS IN REM.
   All proceedings for special assessments shall be proceedings in rem, and no mistake or omission as to the name of any owner or person interested in any lot or parcel of land affected thereby shall be regarded as a substantial mistake or omission.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.24.  GRASS PLOT AND DRIVEWAY MAINTENANCE.
   It shall be the responsibility of the abutting property owner to maintain any grass plot or driveway between the property line and the curb of a paved street.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.25.  ABEYANCE OF CERTAIN WATER AND SEWER ASSESSMENTS.
   (a)   Determination by board; effect. The Board of Commissioners may provide by resolution that assessments levied against abutting lots or parcels of land for water main improvements or sanitary sewer improvements, when in its opinion such improvements may not presently be used by the owner or owners of the abutting lots or parcels of land, may be held in abeyance without the payment of any interest thereon until such time as the Board shall determine that any such assessments shall be paid in accordance with the terms set out in the confirming resolution.  A part of the assessments levied for the improvements herein set out on a street or streets or portion thereof may be held in abeyance as herein provided without holding all of said assessments in abeyance.
   (b)   Statutes of limitations suspended.  All statutes of limitations are hereby suspended during the time that any assessment is held in abeyance without the payment of interest as provided in subsection (a). Such time shall not be a part of the time limited for the commencement of action for the enforcement of the payment of any such assessment, and such action may be brought at any time within 10 years from the date of the adoption of a resolution by the Board determining that such assessment shall be paid in accordance with the terms set out in the confirming resolutions.
   (c)   Retroactive construction prohibited.  Nothing herein shall be construed to revive any right of action which has heretofore been barred by the Statute of Limitations.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.26.  ABUTTING PROPERTY OUTSIDE CITY LIMITS.
   If any lots or parcels of land abutting any local improvements are located outside the city limits, the Board shall have the power to levy assessments against such property as if said property were located inside the Town limits, but may continue and delay the levy of assessments against such property until the Town limits are extended to include such property, or the Board may provide that no water or sewer service connections shall be made to such property, pending the annexation thereof, until all assessments thereon are paid. Upon annexation, if not paid prior thereto, the Board may levy assessments for such local improvements against such property, and the procedure therefor shall be the same as provided in this Charter. Nothing contained in this section shall be construed to prohibit or restrict the Board of Commissioners and a property owner from entering into an agreement for payments in lieu of assessments.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.27.  ACREAGE CHARGES FOR WATER AND SEWER CONNECTIONS.
   The Board of Commissioners may establish and collect acreage charges for making connections to the Town water and sewerage systems, both within and outside the corporate limits, to aid in the financing of new water mains and sewer outfalls and the replacement or enlargement of existing mains and outfalls. Such charges shall apply uniformly to all properties to which water or sewer service is extended subsequent to the establishment of such charges; provided, the Board may establish higher acreage charges for property to be developed for commercial, institutional, or industrial use than those established for property to be developed for other uses, may base acreage charges for residential development on the number of dwelling units per acre of land, and may establish higher acreage charges for property located outside the corporate limits than for property within the corporate limits.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 6.28.  SITE PLAN APPROVAL.
   (a)   Site Plans. The Board of Commissioners may as part of its zoning regulations require that a site plan be submitted, and approved prior to the issuance of a building permit for new construction, excluding renovation and repair of existing structures, and excluding accessory uses and their structures, unless such renovations and repairs and accessory uses shall cause an increase in the off-street parking requirement or a change in occupancy as occupancy is defined by the North Carolina State Building Code. Such local law shall specify the elements to be included in site plans submitted for approval in accordance with standards of zoning code; such elements may include, where appropriate, those relating to off-street parking, driveway access, internal circulation, screening, signs, landscaping, architectural features, locations and dimensions of buildings, topography and grading, utilities, drainage structures, street and sidewalk improvements, loading and service areas, fire hydrants, and such other elements as may reasonably be related to the health, safety and general welfare of the community.
   Where appropriate, approval of site plans may be conditioned to include that street and utility rights-of-way be dedicated to or reserved by the public, or street and utility improvements be made to the same extent as required by the local subdivision regulations. This provision shall not apply to additions of less than five percent (5%) of gross floor area on an annual basis unless such addition causes an increase in the off-street parking requirements or a change in occupancy as occupancy is defined by the North Carolina State Building Code. The Board of Commissioners shall prescribe procedures for review and approval of such site plans to insure that development of property shall conform to applicable zoning or other relevant laws or regulations, with approvals by designated Town staff, or the Board of Commissioners. Appeals shall lie from the staff to the Board of Commissioners. The Board of Commissioners may require that site plans be in conformity with previously approved subdivision plans for the same property; further, in the event of conflict between a requirement for site plan approval and requirements for previously approved subdivision plans, the latter shall control.
(Ord. 2015-09, passed 9-2-2014)
SEC. 6.29.  ROAD OR DRAINAGE PROJECTS FEES.
   (a)   Definitions. The following words in this section are defined as follows, unless the contrary clearly appears from the context:
      (1)   Capital costs means costs spent for developing new road or public storm drainage projects or road or public storm drainage improvements; such costs may include land acquisition, design, and construction, and no other.
      (2)   Road or drainage project mean improvements provided or established by the Town or in conjunction with other units of government which are required in addition to those required by the subdivision regulations.
      (3)   Developer means an individual, corporation, partnership, organization, association, firm, political subdivision, or other legal entity constructing or creating new construction.
      (4)   Road or drainage project fee means the charge imposed upon new construction pursuant to the grant of regulatory authority contained herein.
      (5)   New construction means any new development, construction, or installation that results in real property improvement or which requires a building permit. This term shall include the installation of a mobile home and factory built and modular housing. This term shall not include fences, billboards, poles, pipelines, transmission lines, advertising signs, or similar structures and improvements, or renovations and repairs, which do not generate the need for additional or expanded road or drainage projects upon completion of the new construction.
   (b)   Subject to the conditions hereinafter set forth, the Town of Zebulon, following the adoption of an ordinance or ordinances, may impose and collect a regulatory fee defined herein as a road or drainage project fee on all new construction within its Town limits and extraterritorial jurisdiction.
   (c)   Requirements and limitations.
      (1)   No road or drainage project fee shall be enacted until the Board of Commissioners has caused to be prepared a report containing: (I) a description of the anticipated capital costs to the Town of each additional or expanded road or drainage project; (ii) a description of the relevant characteristics of construction which give rise to additional or expanded road and drainage projects, such as population, trip generation, storm water runoff, and flow characteristics; (iii) a plan for providing one or more road or drainage projects.
      (2)   Before adopting or amending any road or drainage project fee ordinance authorized by this section, the Board of Commissioners shall hold a public hearing. A notice of the public hearing shall be given so as to conform with G.S. § 160A-364, as it may be amended from time to time. No such ordinance shall be adopted or amended without receiving the planning commission recommendation to the Board of Commissioners. If the planning commission shall fail to return a recommendation within 60 days of submittal of an ordinance, the ordinance shall be returned to the Board of Commissioners and deemed to have a favorable recommendation as submitted to the planning commission.
      (3)   The amount of each fee imposed and collected hereunder shall be based upon reasonable and uniform considerations of capital costs to be incurred by the Town as a result of new construction and shall bear a reasonable relationship to such capital costs. Such fee shall be based upon reasonable classifications and rates which shall be uniformly applied to all members of a class; however, the fees may differ within zones which may be established depending on the special needs and costs of road and drainage projects in such zones. To the extent that the developer installs and dedicates road or public storm drainage improvements for which the use of the fee is designated, which immediately become the property of the Town or another unit of government, and which are not otherwise reimbursed by the Town, the fee shall be reduced by an amount equal to the value of the improvements or dedications.
      (4)   All monies from fees collected hereunder shall be placed in a separate trust fund. No expenditures from such trust fund shall be made for any purpose other than a road or drainage project undertaken by the Town, or by the Town in conjunction with other units of government. Road or drainage project fees shall be spent for those community service facilities authorized by this Section 6.29 within 10 years after its collection.
(Ord. 2015-09, passed 9-2-2014)
SEC. 6.30.  OPEN SPACE PROJECT FEES.
   (a)   Definitions. The following words in this section are defined as follows, unless the contrary clearly appears from the context:
      (1)   Capital costs means costs spent for the purchase only of land for open space but not for development thereof.
      (2)   Open space project means the acquisition of any space or area which is predominantly undeveloped land whose existing openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development.
      (3)   Developer means an individual, corporation, partnership, organization, association, firm, political subdivision, or other legal entity constructing or creating new construction.
      (4)   Open space project fee means the charge imposed upon new construction pursuant to the grant of regulatory authority contained herein.
      (5)   New construction means any new development, construction, or installation that results in real property improvement or which requires a building permit. This term shall include the installation of a mobile home and factory built and modular housing. This term shall not include fences, billboards, poles, pipelines, transmission lines, advertising signs, or similar structures and improvements, or renovations and repairs, which do not generate the need for additional or expanded open space projects upon completion of the new construction.
   (b)   Subject to the conditions hereinafter set forth, the Town of Zebulon, following the adoption of an ordinance or ordinances, may impose and collect a regulatory fee defined herein as an open space project fee on all new construction within its town limits and extraterritorial jurisdiction.
   (c)   Requirements and limitations.
      (1)   No open space project fee shall be enacted until the Board of Commissioners has caused to be prepared a report containing: (I) a description of the anticipated capital costs to the town of each additional or expanded open space project; (ii) a description of the relevant characteristics of construction which give rise to additional or expanded open space projects; (iii) a plan for providing one or more open space projects.
      (2)   Before adopting or amending any open space project fee ordinance authorized by this section, the Board of Commissioners shall hold a public hearing. A notice of the public hearing shall be given so as to conform with G.S. § 160A-364, as it may be amended from time to time. No such ordinance shall be adopted or amended without receiving the planning commission’s recommendation to the Board of Commissioners. If the planning commission shall fail to return a recommendation within 60 days of submittal of an ordinance, the ordinance shall be returned to the Board of Commissioners and deemed to have a favorable recommendation as submitted to the planning commission.
      (3)   The amount of each fee imposed and collected hereunder shall be based upon reasonable and uniform considerations of capital costs to be incurred by the town as a result of new construction and shall bear a reasonable relationship to such capital costs. Such fee shall be based upon reasonable classifications and rates which shall be uniformly applied to all members of a class; however, the fees may differ within zones which may be established depending on the special needs and costs of open space projects in such zones. To the extent that the developer acquires and dedicates open space for open space projects for which the use of the fee is designated, which immediately becomes the property of the town, or another unit of government, and which is not otherwise reimbursed by the town, the fee shall be reduced by an amount equal to the value of the open space dedications.
      (4)   All monies from fees collected hereunder shall be placed in a separate trust fund. No expenditures from such trust fund shall be made for any purpose other than an open space project undertaken by the Town, or by the Town in conjunction with other units of government. Open space project fees shall be spent for those community service facilities authorized by this Section 6.30 within 10 years after its collection.
(Ord. 2015-09, passed 9-2-2014)
SEC. 6.31.  RECREATION PROJECT FEES.
   (a)   Definitions. The following words in this section are defined as follows, unless the contrary clearly appears from the context:
      (1)   Capital costs means costs spent for the purchase of land and development of such land for the recreational needs of the citizens.
      (2)   Recreation project means the acquisition of land and development of the same in those areas needed as a result of new construction and development in order to enhance the present and potential value of abutting or accessible property surrounding such urban development and provide a more wholesome place to live.
      (3)   Developer means an individual, corporation, partnership, organization, association, firm, political subdivision, or other legal entity constructing or creating new construction.
      (4)   Recreation project fee means the charge imposed upon new construction pursuant to the grant of regulatory authority contained herein.
      (5)   New construction means any new development, construction, or installation that results in real property improvement or which requires a building permit. This term shall include the installation of a mobile home and factory built and modular housing. This term shall not include fences, billboards, poles, pipelines, transmission lines, advertising signs, or similar structures and improvements, or renovations and repairs, which do not generate the need for additional or expanded recreational projects upon completion of the new construction.
   (b)   Subject to the conditions hereinafter set forth, the Town of Zebulon, following the adoption of an ordinance or ordinances, may impose and collect a regulatory fee defined herein as recreational project fee on all new construction within its town limits and extraterritorial jurisdiction.
   (c)   Requirements and limitations.
      (1)   No recreational project fee shall be enacted until the Board of Commissioners has caused to be prepared a report containing: (I) a description of the anticipated capital costs to the town of each additional or expanded recreational project; (ii) a description of the relevant characteristics of construction which give rise to additional or expanded recreational projects; (iii) a plan for providing one or more recreational projects.
      (2)   Before adopting or amending any recreational project fee ordinance authorized by this section, the Board of Commissioners shall hold a public hearing. A notice of the public hearing shall be given so as to conform with G.S. § 160A-364, as it may be amended from time to time. No such ordinance shall be adopted or amended without receiving the planning commission’s recommendation to the Board of Commissioners. If the planning commission shall fail to return a recommendation within 60 days of submittal of an ordinance, the ordinance shall be returned to Board of Commissioners and deemed to have a favorable recommendation as submitted to the planning commission.
      (3)   The amount of each fee imposed and collected hereunder shall be based upon reasonable and uniform considerations of capital costs to be incurred by the town as a result of new construction and shall bear a reasonable relationship to such capital costs. Such fee shall be based upon reasonable classifications and rates which shall be uniformly applied to all members of a class; however, the fees may differ within zones which may be established depending on the special needs and costs of recreational projects in such zones. To the extent that the developer acquires and dedicates recreational land or recreational facilities for which the use of the fee is designated, which immediately become the property of the town, or another unit of government, and which are not otherwise reimbursed by the Town, the fee shall be reduced by an amount equal to the value of the land and recreational facilities so dedicated.
      (4)   All monies from fees collected hereunder shall be placed in a separate trust fund. No expenditures from such trust fund shall be made for any purpose other than recreation projects undertaken by the town, or by the town in conjunction with other units of government. Recreation project fees shall be spent for those community service facilities authorized by this Section 6.31 within 10 years after its collection.
(Ord. 2015-09, passed 9-2-2014)
SEC. 6.32.  IMPLEMENTING.
   (a)   The town is authorized to enact ordinances, regulations, and rules that are reasonable, necessary or expedient to carry into execution and effect the authority given by Sections 6.28 through 6.31 of this Charter.
   (b)   The powers conferred by Sections 6.28 through 6.31 of this Charter shall be in addition to all other powers and procedures authorized by any other general or local law. Assessments, charges, fees, or rates authorized by any other general or local law shall not be affected by the provisions of this section and Sections 6.28 through 6.31 of this Charter.
   (c)   The powers conferred by this section and Sections 6.28 through 6.31 of this Charter shall apply to the areas within the Zebulon Town Limits and the said town’s extraterritorial jurisdiction.
(Ord. 2015-09, passed 9-2-2014)
ARTICLE VII.  EMINENT DOMAIN
SEC. 7.1.  CONDEMNATION; AUTHORITY AND PROCEDURE.
   If at any time the Board of Commissioners of the Town of Zebulon should need to purchase any land within or without the Town limits, deemed necessary for a public use of the city, or for other purposes authorized by this Charter or other applicable law, and cannot agree with the owner of such land as to the compensation to be paid therefor, then the Board of Commissioners of the Town of Zebulon is hereby specifically authorized and empowered to, in the name of the Town, condemn either the fee or an easement in any such land, whether the land be owned by any private person, firm or corporation, or whether it be owned by any railroad company, power company, telephone company, gas company or other quasi-public corporation, or whether the land be devoted to private or public use.  The proceedings utilized by the Board of Commissioners for such condemnation and determination of the compensation to be paid may be any of the alternative proceedings provided municipalities by the general laws of the State of North Carolina or those prescribed by Article 9 of Chapter 136 of the North Carolina General Statutes; provided that the Town of Zebulon shall possess the power of eminent domain for the purpose of acquiring the fee or any lesser interest in properties already devoted to the public use and owned by a public service corporation, including public utilities as defined in Chapter 62 of the General Statutes, and electric and telephone membership corporations, only if such acquisition will not prevent or unreasonably impair the continued devotion to the public use of such properties, and their operation by such public service corporation.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
ARTICLE VIII.  REGULATORY POWERS
SEC. 8.1.  SUBDIVISIONS; REQUIRE INSTALLATION OF IMPROVEMENTS.
   (a)   In connection with subdivision or platting controls, the Board of Commissioners may require the improvement and grading of streets and the construction and installation of street pavements, curbs, gutters, sidewalks, and water, sewer, surface water drainage and other utility mains as a condition precedent to approval of the plat. The requirements may provide for tentative approval of the plat previous to such improvement and installation, but any such tentative approval shall not be entered on the plat. The requirements may provide that in lieu of completion of the work and installations prior to final approval of the plat, the Board may accept a bond, in an amount and with surety and condition satisfactory to it providing for and securing to the Town the actual construction and installation of the improvements and utilities within a period specified by the Board and expressed in the bond. The Town is empowered to enforce the bond by all appropriate legal and equitable remedies.  Requirements adopted hereunder may be applied throughout the area over which the Town is authorized by law to exercise platting or subdivision controls.
   (b)   The requirements may provide, in lieu of the completion prior to the final approval of a plat of such work and installation on land within the area over which the Town is authorized by law to exercise platting or subdivision control, for an assessment under this Charter or under Article 10, Chapter 160A of the General Statutes or other statutory authorization whereby the Town may do the work and make the installations at the cost of the owners of the property within the subdivision.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 8.2.  APPLICABLE TO PUBLIC SERVICE CORPORATIONS.
   All of the provisions of this Article and of any other laws granting planning, zoning and building regulatory powers to the Town of Zebulon, together with any ordinances passed by the Board of Commissioners of the Town in the exercise of such powers, shall be applicable to and enforceable against all public utilities and other public service corporations.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 8.3.  PLANNING JURISDICTION.
   The Town of Zebulon shall have jurisdiction for planning and regulation of development as set forth in Article 19 of Chapter 160A of the North Carolina General Statutes and may exercise the powers granted by said Article within an area defined pursuant to G.S. 160A-360 extending not more than one mile beyond the corporate limits of the Town of Zebulon.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
ARTICLE IX.  MISCELLANEOUS POWERS
SEC. 9.1.  POWERS ADDITIONAL TO OTHER POWERS.
   In addition to the powers now or hereafter granted to municipalities under the general laws of the State of North Carolina, the Town of Zebulon shall have the following expressed powers hereby enumerated in the succeeding sections of this Article.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 9.2.  REGULATION OF BUSINESS ON SUNDAYS.
   The Town of Zebulon shall have the power to regulate or prohibit by ordinance the conduct of business activities on Sundays.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 9.3.  OPERATION OF MOTOR VEHICLES UPON CERTAIN PREMISES.
   The Town of Zebulon shall have the power to regulate, by ordinance, the speed and manner of operation of motor vehicles upon the grounds and premises of service stations, drive-in theaters, supermarkets, stores, restaurants, office buildings, or other business or municipal establishments, providing parking space for customers, patrons, or the public within the corporate limits of the Town of Zebulon.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 9.4.  FORBIDDING ENTRY UPON CERTAIN PREMISES.
   Upon the owner or other person in legal possession of the grounds and premises of any service station, drive-in theater, supermarket, store, restaurant, office building, or other business or municipal establishment, providing parking space for customers, patrons, or the public within the corporate limits of the Town of Zebulon, providing to the Police Department of the Town of Zebulon such written authority, any member of the police force of the Town of Zebulon shall have the authority to forbid any person to remain, go, or enter upon said grounds and premises to the same extent as the said owner or other person in legal possession of said premises could do himself.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SEC. 9.5.  CEMETERY LOTS; SALE.
   The Town may sell cemetery lots in the Town cemeteries, subject to the rules and regulations adopted by the Board of Commissioners.  All deeds or instruments conveying title to such lots shall be signed by the Town Manager and need not be attested.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
ARTICLE X.  CLAIMS AGAINST THE TOWN
SEC. 10.1.  PRESENTATION OF CLAIMS; SUIT UPON CLAIMS.
   (a)   All claims or demands against the Town of Zebulon arising in tort or in contract shall be presented to the Board of Commissioners in writing, signed by the claimant, his attorney or agent, within 90 days after the claim or demand is due or the cause of action accrues, and no suit or action shall be brought thereon within 30 days or after the expiration of 12 months from the time said claim or demand is so presented.  Unless the claim or demand is so presented within 90 days after the cause of action accrues, and unless suit is brought within 12 months after the claim or demand is presented, any action thereon is barred.
   (b)   No action shall be instituted against the Town for damages to or compensation for real property taken or used by the Town for any public purpose, or for the ejectment of the Town therefrom, or to remove a cloud upon the title thereof, unless, within two years after such alleged use, the owner, his executor, administrator, guardian, or next friend, shall have given notice in writing to the Board of Commissioners of the claim, stating in the notice the date that the alleged use commenced, a description of property alleged to have been used, and the amount of the damage or compensation claimed.
   (c)   Notwithstanding the provisions of subsections (a) and (b) of this section, if a complainant suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given by him or on his behalf within six months after the termination of his incapacity; provided, that minority shall not of itself constitute physical or mental incapacity. If the complainant is a minor, his action shall not be barred if notice of claim is given on his behalf within three years after the occurrence or the infliction of the injury complained of; or, if the minor suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given on his behalf within six months after termination of the incapacity, or within three years after the occurrence or the infliction of the injury complained of, whichever is the longer period. The Town may at any time request the appointment of a next friend to represent any person having a potential claim against the Town and known to be suffering from physical or mental incapacity.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
ARTICLE XI.  CHARTER AMENDMENTS
SEC. 11.1.  INCORPORATION OF AMENDMENTS.
   (a)   As soon as possible after the adjournment of each General Assembly, the Town Attorney shall present to the Board of Commissioners copies of all local laws relating to the property, affairs and government of the Town of Zebulon that were enacted by such General Assembly, whether or not amending in terms of this Charter, and recommend formal changes in this Charter.  Such recommendations may include suggestions for renumbering or rearranging the provisions of such laws for providing titles and catch lines, and for such other changes in arrangement and form that do not change the law, as may be thought necessary to implement the purposes of this section.
   (b)   After considering the recommendations of the Town Attorney, the Commissioners may provide for the incorporation of such laws into this Charter.
   (c)   The purpose of this section is to enable the Town to maintain at all times a current and accurate Town Charter, organized in clear and orderly fashion and embracing all pertinent local laws relating to the property, affairs and government of the Town.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SECTION 2.
   The purpose of this act is to revise the Charter of the Town of Zebulon and to consolidate herein certain acts concerning the property, affairs, and government of the Town. It is intended to continue without interruption those provisions of prior acts, which are consolidated into this act, so that all rights and liabilities that have accrued are preserved and may be enforced.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SECTION 3.
   This act shall not be deemed to repeal, to modify, nor in any manner to affect any acts validating, confirming, approving, or legalizing official meetings, actions, contracts, or obligations of any kind.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SECTION 4.
   All laws and clauses of laws in conflict with this act are hereby repealed.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SECTION 5.
   No provision of this act is intended, nor shall be construed, to affect in any way, any rights or interest (whether public or private):
   (a)   now vested or accrued, in whole or in part, the validity of which might be sustained or preserved by reference to any provisions of law repealed by this act.
   (b)   derived from, or which might be sustained or preserved in reliance upon, action heretofore taken (including the adoption of ordinances or resolutions) pursuant to or within the scope of any provision of law repealed by this act.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SECTION 6.
   No law heretofore repealed expressly or by implication, and no law granting authority which has been exhausted, shall be revived by:
   (a)   The repeal herein of any act repealing such law, or
   (b)   any provision of this act that disclaims an intention to repeal or affect enumerated or designated laws.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SECTION 7.
   (a)   All existing ordinances and resolutions of the Town of Zebulon and all existing rules or regulations of departments or agencies of the Town of Zebulon not inconsistent with the provisions of this act, shall continue in full force and effect until repealed, modified, or amended.
   (b)   No action or proceeding of any nature (whether civil or criminal, judicial or administrative, or otherwise) pending at the effective date of this act by or against the Town of Zebulon or any of its departments or agencies shall be abated or otherwise affected by the adoption of this act.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SECTION 8.
   If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)
SECTION 9.
   This act shall become effective upon its ratification.  In the General Assembly read three times and ratified, this the 8th day of May, 1973.
(Session Laws of 1973, Chapter 386)  (Ord. 2004-45, passed 4-4-2004)