A. Joint Public Hearings. Table 2.2, Application Review Procedures, identifies the kinds of development applications subject to a joint legislative public hearing by the Board of Commissioners and the Planning Board, which shall be conducted in accordance with the following requirements:
1. Procedure.
a. Joint legislative public hearings shall not be conducted until after provision of required public notification in accordance with Section 2.3.6, Public Notice.
b. The joint legislative public hearing shall be open to the public and shall be conducted in accordance with the Board of Commissioner's adopted rules of procedure for public hearings.
c. Attendees shall be afforded the opportunity to comment during a joint public hearing, as authorized in the adopted rules of procedure.
2. Record.
a. A recording may be made of all joint public hearings and the recordings shall be maintained in accordance with Town policy.
b. Accurate minutes shall also be kept of all proceedings, but a transcript need not be made.
B. Legislative Public Hearings. Table 2.2, Application Review Procedures, identifies the kinds of development applications decided following completion of a legislative public hearing, which shall be conducted in accordance with the following requirements:
1. Procedure.
a. Legislative public hearings shall not be conducted until after provision of required public notification in accordance with Section 2.3.6, Public Notice.
b. The legislative public hearing shall be open to the public and shall be conducted in accordance with the review authority's adopted rules of procedure for public hearings.
c. Attendees shall be afforded the opportunity to comment during a public hearing, as authorized in the adopted rules of procedure.
2. Voting.
a. The Board of Commissioners shall consider the application, relevant support materials, staff report, any recommendations, and public comments. After the conclusion of the public hearing, it shall make one of the decisions authorized for the particular type of application based on the review standards applicable to the application type, as set forth in Section 2.2, Application Review Procedures.
b. A Board of Commissioners member shall not vote on an application where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member in accordance with Section 160D-109 of the North Carolina General Statutes.
c. A decision of the Board of Commissioners on an application shall be decided by a simple majority of the Board of Commissioners, excluding any members who are recused from voting due to a conflict of interest.
3. Application Revision.
a. An applicant may revise an application during a public hearing in response to recommendations or suggestions of the Board of Commissioners.
b. The Board of Commissioners may approve an application modified during a public hearing provided that all changes are properly identified in the motion of approval by the Board of Commissioners.
c. In cases where an application has been modified during a public hearing, the applicant shall submit any necessary site plans, plats, or other construction documents depicting the modification to the appropriate Town staff for consideration and approval prior to issuance of any development permit approvals.
4. Remand.
a. The Board of Commissioners may delay a decision on the application if additional information is requested of the applicant.
b. The Board of Commissioners may remand the application to the Planning Board and/or Town staff for further consideration of new information or specified issues or concerns, if appropriate.
5. Record.
a. A recording may be made of all public hearings and the recordings shall be maintained in accordance with town policy.
b. Accurate minutes shall also be kept of all proceedings, but a transcript need not be made.
C. Quasi-Judicial Public Hearings. Table 2.2, Application Review Procedures, identifies the kinds of development applications decided following a quasi-judicial public hearing, which shall be conducted in accordance with G.S. 160D-406, the review authority's rules of procedure, and the following requirements:
1. Notice Required. Quasi-judicial public hearings shall not be conducted until after provision of required public notification in accordance with Section 2.3.6, Public Notice.
2. Opportunity to Present Testimony and Evidence.
a. Parties with standing may participate fully in the evidentiary hearing, including presenting evidence, cross-examining witnesses, objecting to evidence, and making legal arguments;
b. Non-parties may present competent material, and substantial evidence that is not repetitive subject to the approval of the chairperson.
3. Limitation on Evidence.
a. The Chair or other presiding officer may limit or exclude incompetent evidence, immaterial evidence, repetitive evidence, and personal attacks.
b. Decisions shall not be based upon hearsay evidence though such evidence may be entered into the record.
4. Ex Parte Communication. Ex parte communications between an applicant or an affected party and a member of the decision-making body are prohibited. If it occurs, it shall be disclosed during the quasi-judicial public hearing.
5. Voting.
a. Generally. The review authority shall consider the application, relevant support materials, staff report, any recommendations, and public comments. After the conclusion of the public hearing, it shall make one of the decisions authorized for the particular type of application based on the review standards applicable to the application type, as set forth in Section 2.2, Application Review Procedures.
b. Clearly State Factors for Decision. Unless stated otherwise in this Ordinance, the decision shall clearly state the factors considered in making the decision and the basis or rationale for the decision.
c. Conflicts of Interest.
i. A review authority member 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:
1. A member having a fixed opinion prior to hearing the matter that is not susceptible to change;
2. An undisclosed ex parte communication;
3. A close family, business, or other associational relationship with an affected person; or
4. A financial interest in the outcome of the matter.
ii. If an objection is raised to a member's participation and that member does not recuse themselves, the remaining members shall, by majority vote, rule on the objection.
6. Application Revision.
a. An applicant may revise an application during a public hearing in response to recommendations or suggestions of the review authority.
b. The review authority may approve an application modified during a public hearing provided all changes are properly identified in the motion of approval by the review authority.
c. In cases where an application has been modified during a public hearing, the applicant shall submit any necessary site plans, plats, or other construction documents depicting the modification to the appropriate Town staff prior to issuance of any development permit approvals.
7. Delay of Decision. The review authority may delay a decision on the application if additional information is requested of the applicant.
8. Record.
a. A recording may be made of all public hearings and the recordings shall be maintained in accordance with Town policy.
b. Accurate minutes shall also be kept of all proceedings, but a transcript need not be made.
D. Public Meetings. Table 2.2, Application Review Procedures, identifies the kinds of development applications subject to a required public meeting, which shall be conducted in accordance with the review authority's rules of procedure and the following requirements:
1. Procedure.
a. The public meeting shall be open to the public and shall be conducted in accordance with the review authority's adopted rules of procedure for public meetings.
b. There is no requirement to allow public comment or testimony during a public meeting, though it may be provided at the Chair or other presiding officer's discretion.
2. Voting.
a. A decision of a review authority shall be decided by a simple majority of the members present and voting.
b. A review authority member shall recuse themselves from voting on an application where the outcome of the matter being considered is reasonably likely to have a direct, substantial, or readily identifiable financial impact on them or a member of their immediate family.
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-65, passed 5-3-2021)