A review authority is any board, council, committee, or staff member identified in this Ordinance that review applications for development approval under this Ordinance. An application may be reviewed by more than one review authority.

(Ord. No. AL2021-11-1 (UDO-TA-1-21), § 1, 11-15-2021)

(a)

All members appointed to boards shall, before entering their duties, qualify by taking an oath of office administered by the Mayor or the Mayor Pro Tem.

(b)

Oaths shall be signed and filed with the Town Clerk.

(c)

The oath to be administered is prescribed in Article VI, § 7 of the N.C. Constitution, as follows:

"I, ....., do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as ....., so help me God."

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

Except as provided by N.C. Statute, each official meeting of the public bodies described in this Article shall be open to the public, and any person is entitled to attend such a meeting. Remote meetings conducted in accordance with § 166A-19.24 of the North Carolina General Statutes shall comply with this subsection even if all members of the public body are participating remotely.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

Faithful attendance at scheduled meetings is required. The Town Council may remove any appointed member for absenteeism. Missing three or more meetings in a 12-month period is prima facie evidence of absenteeism. The Secretary to each board shall make a report on attendance to the Town Council in writing at least once in every calendar year.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Each board shall draw up rules of procedure under which it will operate. The Town Council will adopt rules of procedure and any amendments that are consistent with the provisions of this UDO. In the absence of action by the Town Council, each board created under this Article is authorized to adopt its own rules of procedure that are consistent with the provisions of this Ordinance. A copy of any adopted rules of procedure shall be maintained by the Town Clerk and posted on the Town's official web site.

(b)

Each board shall keep minutes of its proceedings. The Secretary shall keep minutes of its proceedings, showing the vote of each member upon each question, and the absence or failure of any member to vote, and a copy of the minutes shall be maintained on file for public record in the office of the Town Clerk.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

A Town Council or Planning Board member shall not vote on any legislative decision regarding a development regulation adopted pursuant to this UDO where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A Town Council or Planning Board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

(b)

Quasi-Judicial Decisions. A member of the Board of Adjustment, Stormwater Review Board, or Town Council shall not participate in or vote on any quasi-judicial matter in a manner that would violate an 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 close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. Quasi-judicial decisions include variances and special use permits.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

The Town Council shall hear and decide the following applications or permits. In considering the applications, the Town Council shall follow the requirements of article 3, division 1 and the sections governing each specific action as listed below:

(a)

Development agreements (see § 30-3307);

(b)

Planned development (see § 30-3314);

(c)

Reasonable accommodation (Fair Housing Act) (see § 30-3315);

(d)

Rezoning /Map amendment (see § 30-3316);

(e)

Site plan (see § 30-3317);

(f)

Special use permit (see § 30-3318);

(g)

Text amendment (see § 30-3320); and

(h)

Vested rights certificate (see § 30-3322).

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

The Planning Board is hereby established in accordance with § 160D-301 of the North Carolina General Statutes.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

The Planning Board has five members. The Planning Board shall also serve as the Board of Adjustment.

(b)

Members may be appointed to successive terms without limitation.

(c)

The Planning Board shall consist of five regular members, and two alternate members, each to be appointed for three-year terms, except as allowed otherwise below. In appointing the original members of such Board, the Town Council may appoint certain members for less than three years to the end that thereafter the terms of all members shall not expire at the same time. All members shall be citizens and residents of the Town of Archer Lodge.

(d)

Vacancies may be filled for the unexpired terms only by majority vote of the Town Council. Members will be appointed to complete the remainder of an unexpired term.

(e)

Alternate members shall participate in all deliberations. Alternate members shall only vote in the absence of a regular member.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

At its first regular meeting of each calendar year, the Planning Board shall, by majority vote of its membership (excluding vacant seats), elect one of its members to serve as Chairperson and preside over the Board's meetings and one member to serve as Vice-Chairperson. All elected person shall serve in these capacities for terms of one year. A certified municipal clerk shall be appointed by the Town Council as Secretary to the Planning Board. Any appointed secretary shall serve at the pleasure of the Town Council. Vacancies among the appointed or elected officials may be filled for the unexpired terms only by majority vote of the Town Council.

(b)

The Chairperson and Vice-Chairperson may take part in all deliberations and vote on all issues.

(c)

The Board shall draw up and adopt rules of procedure under which it will operate. The Town Council will approve the rules of procedure and any amendments.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

The Planning Board shall hear and decide applications for major subdivisions (see § 30-3312).

(b)

The Planning Board shall hear and provide a recommendation to the Town Council on the following:

(1)

Adoption of or amendment to the comprehensive plan or any other Town plan, as requested by the Town Council (see § 30-3305);

(2)

Development agreements (see § 30-3307);

(3)

Planned developments (see § 30-3314);

(4)

Rezoning/Map amendments (see § 30-3316);

(5)

Site plans (see § 30-3317); and

(6)

Text amendments (See § 30-3320).

(c)

Any of the duties listed in § 160D-301 of the North Carolina General Statutes that are assigned by the Town Council.

(Ord. No. AL2021-06-1, § 1, 6-7-2021; Ord. No. AL2022-08-1 (UDO-TA-2-22), § 1, 8-1-2022)

(a)

The Planning Board shall meet every other month, unless meetings are cancelled for lack of business, emergency, or other valid reason. Special meetings may be called in accordance with § 160A-71 of the North Carolina General Statutes.

(b)

All meetings of the Planning Board shall be open to the public, and the agenda for each Planning Board meeting shall be made available in advance of the meeting. A notice of the meeting shall be published in a local newspaper and be posted at Town Hall in accordance with § 160A-71 of the North Carolina General Statutes.

(c)

A quorum for the Planning Board shall consist of three or more members. A quorum is necessary for the Planning Board to take any action.

(d)

A member who has withdrawn from the meeting without being excused, as provided in § 160A-75 of the North Carolina General Statutes shall be counted as present for purposes of determining whether a quorum is present.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Once a quorum is established the concurring vote of a majority of board members (excluding vacant board member positions and any board members who are recused from voting on a particular case) shall be necessary to make any decision.

(b)

Once a member is physically present at a Planning Board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with subsection (c) of this section or has been allowed to withdraw from the meeting in accordance with subsection (d) of this section.

(c)

A member may be excused from voting on a particular issue by majority vote of the remaining members present under the following circumstances:

(1)

If the member has a conflict of interest as defined in § 30-2105, Conflict of interest; and

(2)

If the matter at issue involves the member's own official conduct.

(d)

Any Planning Board member may make a motion to excuse a member from voting on a specific item or from the remainder of the meeting.

(Ord. No. AL2021-06-1, § 1, 6-7-2021; Ord. No. AL2022-03-1 (UDO-TA-1-22), § 1, 3-7-2022)

The Town Council hereby creates a Board of Adjustment in accordance with § 160D-302 of the North Carolina General Statutes to make such quasi-judicial decisions as are required by this UDO or General Statute.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

The Board of Adjustment is comprised of five regular members, and two alternate members. All of the members also serve on the Planning Board. The alternate members shall have all the powers as regular members and may fill in for regular members as needed in meetings.

(b)

Members may be appointed to successive terms without limitation.

(c)

Each member is appointed for three-year terms, except as allowed otherwise below. In appointing the original members of such board, or in the filling of vacancies caused by the expiration of the terms of existing members, the Town Council may appoint certain members for less than three years to the end; that thereafter the terms of all members shall not expire at the same time.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

At its first regular meeting of each calendar year, the Board of Adjustment shall, by majority vote of its membership (excluding vacant seats), elect one of its members to serve as Chairperson and preside over the Board of Adjustment's meetings and one member to serve as Vice-Chairperson. All elected person shall serve in these capacities for terms of one year. The Town Council shall appoint a certified municipal clerk to serve as Secretary to the Board of Adjustment.

(b)

Vacancies among the appointed or elected officials may be filled for the unexpired terms only by majority vote of the Town Council.

(c)

The Chairperson or any member temporarily acting as Chairperson shall administer oaths to witnesses coming before the board.

(d)

The Chairperson and Vice-Chairperson may take part in all deliberations and vote on all issues.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

The Board of Adjustment shall hear and decide:

(a)

Appeals from any order, decision, requirement, or interpretation made by the Town, inclusive of Chapter 14, Flood Prevention, in the Town Code of Ordinances;

(b)

Applications for variances, including variances from the Water Supply Watershed Protection Overlay (WSWOD) District while serving in its capacity as the Watershed Review Board;

(c)

Questions involving determinations and interpretations of the zoning map, including disputed district boundary lines and lot lines; and

(d)

Any other matter the Board of Adjustment is required to act upon by any other ordinance.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

The Board of Adjustment shall meet on an as needed basis until such time as the volume of applications requires the Board to adopt an annual schedule of regular meetings.

(b)

The agenda for each Board of Adjustment meeting shall be made available in advance of the meeting.

(c)

A quorum for the Board of Adjustment is four members. A quorum is necessary for the Board of Adjustment to take official action.

(d)

A member who has withdrawn from the meeting without being excused, as provided in § 30-2406, Voting, shall be counted as present for purposes of determining whether a quorum is present.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

Once a quorum is established, the concurring vote of a majority of board members (excluding vacant board member positions and any board members who are recused from voting on a particular case) shall be necessary to make any decision, except decisions on variances.

(b)

The vote on a variance shall require a 4/5 supermajority of all board members (excluding vacant board member positions and any board members who are recused from voting on a particular case).

(c)

In accordance with §160D-406(i), majority or supermajority calculations shall be based on the total number of board member positions, regardless of whether the member is absent. Positions may only be excluded from the calculation when the position is vacant and there is no alternate or when a board member has been recused in accordance with subsection (e) below.

(d)

Once a member is physically present at a Board of Adjustment meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with subsection (e). of this section or has been allowed to withdraw from the meeting in accordance with subsection (f) of this section.

(e)

A member may be excused from voting on a particular issue by majority vote of the remaining members present under the following circumstances:

(1)

If the member has a conflict of interest as defined by § 30-2105 Conflict of interest, above; or

(2)

If the matter at issue involves the member's own official conduct.

(f)

A motion to excuse a member from voting on a specific item, or from the remainder of the meeting may be made by any Board of Adjustment member.

(Ord. No. AL2021-06-1, § 1, 6-7-2021; Ord. No. AL2022-03-1 (UDO-TA-1-22), § 1, 3-7-2022)

The Town Administrator shall appoint a committee of staff members having particular expertise in the development of real property as the Technical Review Committee (TRC). The Committee shall be chaired by the Town Planner. The TRC members shall consist of the Planning Board Chair, and the Fire Chief or their designees. Other members shall serve on the TRC on an ad hoc basis, depending on the nature, size, and complexity of the development project to be reviewed include, but are not limited to: Parks and Recreation, Legal, NCDOT, and the following Johnston County agencies: Public Utilities (including storm water, erosion control, infrastructure), Environmental Health, Health Department, Inspections, and Emergency Management Services.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

(a)

The TRC shall provide a recommendation to the Planning Board on the following:

(1)

Major subdivisions;

(2)

Site plans.

(b)

The TRC shall review and comment, prior to consideration by other review authorities, on the following:

(1)

The Comprehensive Plan or an amendment to the Comprehensive Plan;

(2)

Planned development master plans; and

(3)

Reasonable accommodations.

(c)

The TRC shall participate in pre-application conferences as requested by the Town Planner.

(Ord. No. AL2021-06-1, § 1, 6-7-2021; Ord. No. AL2021-11-1 (UDO-TA-1-21), § 1, 11-15-2021; Ord. No. AL2022-08-1 (UDO-TA-2-22), § 1, 8-1-2022)

The members of the TRC shall follow and abide by § 30-2603, Conflict of interest.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)

The Town Planner shall have the following powers and duties, to be carried out in accordance with the terms of this Ordinance:

(a)

Review and decision. To review and decide applications for the following:

(1)

Administrative adjustments (see Section 30-3301, Administrative adjustments);

(2)

Determinations regarding the text of this Ordinance (see § 30-3306, Determinations and interpretations);

(3)

Exempt subdivisions;

(4)

Expedited subdivisions;

(5)

Final plats;

(6)

Floodplain development permits;

(7)

Minor subdivisions;

(8)

Temporary use permits; and

(9)

Zoning compliance permits.

(b)

Review and recommend. To review and provide a recommendation to the Town Council on applications for vested rights certificates.

(c)

Review and comment. To review and provide comments to other review authorities on applications for the following:

(1)

Building permits;

(2)

Certificates of occupancy;

(3)

Development agreements;

(4)

Major subdivisions;

(5)

Rezoning/map amendments;

(6)

Text amendments; and

(7)

Variance requests.

(d)

General planning and permitting.

(1)

To review all applications for land development for completeness and compliance with the terms of this Ordinance.

(2)

To ensure that submitted applications are reviewed and comments returned to applicants in a timely manner.

(3)

To issue and maintain a record of all development related permits, subdivisions of land and approvals on file and to make copies available to interested parties.

(4)

To provide the Town Council, Planning Board, Board of Adjustment, Town Staff, and applicants with reports and recommendations, as required by this Ordinance, other laws or regulations, or at the request of another review authority.

(5)

To enforce compliance with the terms of this Ordinance, unless otherwise specified.

(6)

To revoke any permits provided therein.

(e)

Environmental protection.

(1)

To administer the Town's Water Supply Watershed Protection Overlay District standards.

(2)

To serve as the Floodplain Administrator in accordance with the Archer Lodge Code of Ordinances Chapter 14 Flood Damage Prevention.

(Ord. No. AL2021-06-1, § 1, 6-7-2021; Ord. No. AL2021-11-1 (UDO-TA-1-21), § 1, 11-15-2021)

(a)

No Town staff member shall make a final decision on an administrative decision required by this UDO if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the UDO.

(b)

No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this Ordinance unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with a local government to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the Town, as determined by the Town.

(Ord. No. AL2021-06-1, § 1, 6-7-2021)