This article establishes the responsibilities of decision-making and administrative bodies created by this chapter. This article does not attempt to recite all responsibilities granted under the state enabling act, but rather only those required of this chapter.

(Ord. of 7-12-1999, div. 20.000)

The responsibility for major actions required by this chapter is set forth in this article. The following codes are used in table 20.110 to indicate responsibility. A group may have more than one responsibility, such as typically holding a hearing in addition to taking any action. Furthermore, regardless of the appeal notation, all decisions are appealable to the courts in accordance with state law.

TABLE 20.110
PROCEDURAL RESPONSIBILITIES

(Ord. of 7-12-1999, § 20.110; Amend. of 10-21-2013, § 1; Amend. of 4-19-2021(2), § 1)

The board of commissioners shall have the following powers and duties under this chapter:

(1)

Any power or duty provided by table 20.110.

(2)

To appoint members of the planning board.

(3)

To appoint members of the board of adjustment.

(4)

To establish vested right for major special uses.

(5)

Any other power or duty provided for by state law.

(Ord. of 7-12-1999, § 20.200; Amend. of 4-19-2021(2), § 1)

(a)

Powers and duties. It shall be the function and duty of the planning board to make comprehensive surveys and studies of existing conditions and probable future developments and prepare such plans for physical, social and economic growth, as will promote the public health, safety, convenience or general welfare, as well as efficiency and economy in the development of the county. In general, the planning board shall have the following powers and duties under this chapter:

(1)

Prepare, review, maintain, monitor, and periodically update and recommend to the governing board a comprehensive plan, and such other plans as deemed appropriate, and conduct ongoing related research, data collection, mapping, and analysis.

(2)

Facilitate and coordinate citizen engagement and participation in the planning process.

(3)

Develop and recommend policies, ordinances, development regulations, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner.

(4)

Advise the governing board concerning the implementation of plans, including, but not limited to, review and comment on all zoning text and map amendments as required by G.S. 160D-604.

(5)

Exercise any functions in the administration and enforcement of various means for carrying out plans that the governing board may direct.

(6)

Perform any other related duties that the governing board may direct.

(b)

Membership. The planning board shall consist of seven members who reside within the county, each of whom shall be nominated by a county commissioner and appointed by the board of commissioners.

(c)

Terms of office.

(1)

The appointments shall be made according to the following terms: two members for one year, three members for two years, and two members for three years.

(2)

Their successors shall be appointed for terms of three years. Vacancies occurring for reasons other than expiration of terms shall be filled for the period of the unexpired term. Vacancies shall be filled by the board of commissioners.

(d)

Officers, quorum and rules of procedure.

(1)

Within 30 days after appointment, the planning board shall meet and elect a chairman and vice-chairman. The term of the chairman and vice-chairman shall be one year with eligibility for reelection. The chairman shall certify plans and transmit reports and recommendations of the planning board to the governing body.

(2)

The board may adopt rules for transaction of its business and shall utilize its secretary, a county staff member, to keep a record of its business and shall keep a record of its members' attendance and of its discussions, findings, and recommendations. All records shall be a public record.

(3)

The board shall meet and all of its meetings shall be open to the public. A quorum shall consist of four members for the purpose of taking any official action required by this chapter.

(4)

All members shall have voting power on all matters of business. However, a member shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed 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. For purposes of this section, a "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.

(5)

The planning board shall annually submit to the board of commissioners and the county manager a written report of its activities, an analysis of the expenditures to date for the current fiscal year, and its requested budget of funds needed for operation during the ensuing fiscal years. The planning board is authorized to appoint such committees and to authorize such expenditures as it may see fit, subject to limitations of funds provided for the planning board by the governing body.

(Ord. of 7-12-1999, § 20.320; Amend. of 10-3-2016(1), § 1; Amend. of 4-19-2021(2), § 1)

State Law reference— Authority to establish planning commission, G.S. 153A-321 et seq.

(a)

Powers and duties. The board of adjustment shall have the following powers and duties:

(1)

Administrative review. To hear and decide any appeal from and review any order, requirement, decision or determination made by the land development administrator, as indicated in table 20.110.

(2)

Variances. To authorize upon appeal, in specific cases, such variances from the terms of this chapter which will not be contrary to the public interest. Where owing to special conditions a literal enforcement of the provisions of this chapter would result in unnecessary hardship, a variance from the terms of this chapter may be granted by the board of adjustment.

(3)

Minor special uses. To hear and decide requests for minor special use permits allowed by this chapter.

(b)

Membership. The board of commissioners shall create a board of adjustment consisting of five regular members. The initial appointment to the board of adjustment shall be as follows:

(1)

All new terms shall be for three years, and regular members may be reappointed.

(2)

The board of commissioners shall also appoint two alternate members to serve in the absence of regular members. All new terms shall be for three years, and alternate members may be reappointed. Each alternate member, while attending any regular or special meeting of the board of adjustment and serving in the absence of any regular member, shall have and may exercise all the powers and duties of a regular member.

(c)

Officers, quorum, rules of procedure. The board of adjustment shall adopt rules governing its organization and for all proceedings before it. Such rules shall provide and require the following in addition to such other rules and regulations the board shall adopt:

(1)

The board shall elect a chairman, vice-chairman, and a secretary on an annual basis.

(2)

The secretary shall keep detailed minutes of the proceedings. The minutes shall contain relevant facts and testimony of each application considered by the board, the vote of each member on each application considered by the board, abstention from voting, and attendance. The minutes shall contain the signature of the secretary and the chairman.

(3)

No application may be heard unless a quorum is present. A quorum shall consist of four members in attendance.

(4)

The notice shall be given to all parties having interest in an application.

(5)

Any interested party may appear in person, by agent or by attorney, to offer evidence and testimony relative to an application.

(6)

A member of any board exercising quasi-judicial functions pursuant to this chapter shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. For purposes of this section, a "close familial relationship" means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.

(Ord. of 7-12-1999, § 20.330; Amend. of 4-19-2021(2), § 1; Amend. of 11-17-2025(1), § 1)

The land development administrator and his agents shall be appointed by the board of commissioners and are duly charged with the following duties:

(1)

To review and decide upon applications for limited uses.

(2)

To accept applications and render recommendations for preliminary plat review and review and decide upon applications for final plat approval for major subdivisions.

(3)

To review and approve minor subdivision plats, and to make recommendations for variances from the standards of articles X, XI and XII of this chapter involving subdivision design or improvement standards.

(4)

The land development administrator is designated as the watershed administrator under this chapter. Its duties shall include but are not limited to:

a.

Issuing watershed protection permits and watershed protection occupancy permits as prescribed in this chapter. Watershed protection permits shall be valid for a period of six months from the date of issuance. A record of all permits shall be kept on file and shall be available for public inspection during regular office hours of the administrator.

b.

Keeping records of all amendments to the watershed protection provisions and shall provide copies of all amendments upon adoption to the water quality section of the division of environmental management.

c.

Keeping records of the county's utilization of the special intensity bonus development allocation (see section 32-359). Records for each watershed shall include the total acres of the general watershed area, total acres eligible to be developed under this option, total acres approved for this development option, the balance of the remaining acreage available, and individual records for each project with the following information: location, acres, use, and stormwater management plan if applicable.

d.

Entering any building, structure or premises, as provided by law, to perform any duty imposed upon him or his duly authorized representative by this chapter.

e.

Keeping a record of variances to the local water supply watershed protection standards. This record shall be submitted to the water quality section of the division of environmental management on an annual basis and shall provide a description of each project receiving a variance and the reasons for granting the variance.

f.

Monitoring land use activities within the watershed areas to identify situations that may pose a threat to water quality.

g.

Reporting all findings to the planning board. The watershed administrator may consult with any public agency or official and request recommendations.

h.

Instituting appropriate action or proceeding to restrain, correct or abate the condition and/or violation where the watershed administrator or the planning board finds a threat to water quality and the public health, safety and welfare.

(5)

To make interpretations of this chapter and to certify zoning or other elements pertaining to this chapter.

(6)

To enforce the provisions of this chapter. If the land development administrator finds that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall also take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(7)

To receive applications, review, consider and render recommendations for the disposition of zoning permits, certificates of occupancy/compliance, and sign permits for processing pursuant to this chapter, as indicated in table 20.110.

(8)

To receive applications for appeals, variances, and major and minor special use permits.

(9)

To maintain the records of the actions of the planning department and the administrative boards.

(10)

To ensure that adequate public notice is provided for development applications pursuant to this chapter.

(11)

The land development administrator is designated as the floodway administrator under this chapter. His duties shall include, but are not limited to:

a.

Reviewing all zoning permits to assure that the requirements of article V of this chapter have been satisfied.

b.

Advising all permittees that additional federal or state permits may be required and if specific federal or state permits are known, require those copies of such permits be provided and maintained on file with the zoning permit.

c.

Notifying adjacent communities and the state department of crime control and public safety, division of emergency management, state coordinator for the National Flood Insurance Program before any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

d.

Assuring that maintenance is provided within the altered or relocated portion of watercourses so that the flood-carrying capacity is not diminished.

e.

Preventing encroachments within floodways unless the certification and flood hazard reduction provisions of section 32-315 are met.

f.

Obtaining actual elevation (in relation to mean sea level) of the lowest floor (including basements) of all new or substantially improved structures, according to appendix 6 to this chapter.

g.

Obtaining the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, according to appendix 6.

h.

When floodproofing is used for a particular structure, obtaining certifications from a registered professional engineer or architect according to section 32-316(2).

i.

Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), making the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article.

j.

When base flood elevation data or floodway data has not been provided according to section 32-312, obtaining, reviewing and reasonably using any base flood elevation data and floodway data available from a federal, state or other source, including data developed pursuant to section 32-319, to administer the provisions of this chapter.

k.

When the exact location of boundaries of the areas of special flood hazards conflict with the current, natural topography information at the site, the property owner may apply and be approved for a letter of map amendment (LOMA) by FEMA. A copy of the letter of map amendment issued from FEMA will be maintained by the land development administrator in the permit file.

l.

Making on-site inspections of projects according to section 32-1182.

m.

Serving notices of violations, issuing stop work orders, revoking permits and taking corrective actions according to section 32-1182.

n.

Maintaining all records concerning the administration of this article and make these records available for public inspection.

(Ord. of 7-12-1999, § 20.410; Amend. of 4-19-2021(2), § 1)

Cross reference— Administration, ch. 2.

Administrative staff. No staff member shall make a final decision on an administrative decision required by this chapter 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 development regulation or other ordinance.

No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter 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 local government, as determined by the local government.

(Amend. of 4-19-2021(2), § 1)