The Town Council will be responsible for final actions regarding the powers and duties in this chapter.

1. The Town Council may exercise any and all powers prescribed by North Carolina General Statutes and local law including this ordinance.
2. The Town Council shall approve the rules of procedure and bylaws for all Town Boards and Commissions.
3. The Town Council shall take final actions regarding the text of this ordinance, the official zoning map, decisions regarding Conditional Zoning Districts and appointments to the Planning and Zoning Board, and advisory committees.
   

1. Text Amendments The Town Council, acting in its legislative capacity, will hear and approve, approve with modifications or deny proposed Text Amendments to this ordinance in accordance with Chapter 320, Procedures for Text Amendments.
2. Official Zoning Map Amendments The Town Council, acting in its legislative capacity, will hear and approve, approve with conditions or deny proposed Official Zoning Map amendments for both general districts and conditional zoning district rezoning in accordance with Chapter 320, Amendments In General.
3. Conditional Zoning The Town Council will review applications for conditional zoning approvals in accordance with Chapter 330. Conditional zoning applications will include all applications for planned developments approvals consistent with Chapter 340, Review and Approval of Planned Developments. 
4. Annexations
   The Town Council, acting in its legislative capacity, will hear and approve or deny requests to annex property into the Town of Indian Trail town limits in accordance with G.S. 160D.
5. Appeals of Actions on Final Plats The Town Council will be responsible for hearing and taking action on any appeals of the Planning Director’s decisions on major final plats and minor subdivision plats.

1. The Town Council must permit adoption of a legislative decision for development regulation on first reading by simple majority. Development regulation is defined in G.S. 160D-102 for regulations such as a unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, stormwater control regulation, and wireless telecommunication facility regulation.
2. A development regulation shall be adopted by ordinance pursuant to G.S. 160D-601 (c).
   

1. There will be a Planning and Zoning Board consisting of seven (7) regular members.
   1. Planning and Zoning Board regular members will be appointed for terms as designated by the Town Council.
   2. If a regular Planning and Zoning Board member moves outside the Town of Indian Trail that will constitute a resignation from the Planning and Zoning Board.
   3. All members appointed to the Planning and Zoning Board shall, before entering their duties, qualify by taking an oath of office pursuant to G.S. 160D-309.

1. The Planning and Zoning Board will establish a regular meeting schedule and will meet frequently enough so that it can take action in conformity with Section 410.120, "Applications to be Processed Expeditiously".
2. Primary Function as a Non-Quasi-Judicial Board
   The Planning and Zoning Board will conduct its meetings so as to obtain necessary information and to promote the full and free exchange of ideas to provide sound recommendations to Town Council for non-quasi-judicial matters.
3. Secondary Function as a Quasi-Judicial Board
   Some requests require the Planning and Zoning Board to exercise the broad, quasi-judicial, discretionary authority characteristic of a board of adjustment. The Planning and Zoning Board shall conduct its meetings strictly in accordance with the quasi-judicial procedures set forth in Section 310.080, "Special Requirements for Quasi-Judicial Hearings".
   
4. Tertiary Function as Tree Advisory Committee
   The Tree Advisory Committee is a non-quasi-judicial function of the Planning and Zoning Board. As mentioned in Section 8110.010, "Modifications of DIVISION 800 LANDSCAPING", the Tree Advisory Committee makes recommendations to Planning Department staff regarding all alternate tree protection/planting plans, plant materials, planting standards, or reforestations.
   
5. Minutes must be kept of all board proceedings. Quasi-judicial minutes should be kept separate from the other Board minutes.
6. All board meetings will be open to the public.
7. Whenever the board is called upon to make recommendations concerning zoning map amendment proposals or decisions concerning appeal and variance proposals, notice must be given as provided in Section 310.030, "Required Notice for Public Hearings".

The Planning and Zoning Board will have the following powers and duties:

1. Tree Advisory Committee Members of the Planning and Zoning Board will serve as the Tree Advisory Committee. The Tree Advisory Committee will review and provide recommendations for Alternative Landscape Plans in accordance with DIVISION 800, "Landscaping", of this ordinance;
2. Major Subdivision Preliminary Plats The Planning and Zoning Board will review and make recommendations to the Town Council on preliminary plat applications for major subdivisions when associated with Conditional Zoning Districts;
3. Text Amendments The Planning and Zoning Board will review and make recommendations to the Town Council on amendments to the text of this ordinance;
4. Official Zoning Map The Planning and Zoning Board will review and make recommendations to the Town Council on amendments to the Official Zoning Map;
5. Conditional Zoning District The Planning and Zoning Board will review and make recommendations to the Town Council on applications for a Conditional Zoning District;
6. Comprehensive Plan Administration The Planning and Zoning Board will be responsible for the preparation of a comprehensive plan and all plan amendments and will make recommendations to the Town Council on policies, ordinances, administrative procedures and other means for carrying out plans in a coordinated and efficient manner;
7. Promoting Town Beautification Programs The Planning and Zoning Board will initiate, promote and assist in the implementation of programs of general community beautification in the Town’s planning jurisdiction;
8. Community Design and Appearance The Planning and Zoning Board will provide leadership and guidance in matters of area or community design and appearance to individuals, and to public and private organizations and agencies;
9. Studies The Planning and Zoning Board will prepare studies of the visual characteristics and problems of the planning jurisdiction, including surveys and inventories of an appropriate nature and will recommend standards and policies of design for the entire area, any portion or neighborhood thereof or any project to be undertaken;
10. Plans The Planning and Zoning Board will prepare plans for the improved appearance of the planning jurisdiction, setting forth desirable standards and goals for the aesthetic enhancement of the municipality; of any part thereof within its area of planning and zoning jurisdiction, including public ways and areas, open spaces and public and private buildings and projects; and
11. Quasi-Judicial Proceedings
    The Planning and Zoning Board will hear and decide the following:
    
    1. Appeals from any order, decision, requirement, or interpretation made by the Planning Director, as provided in Section 380.010, "Planning and Zoning Board Hearings on Appeals".
       
    2. Applications for variances, as provided in Section 380.020, "Planning and Zoning Board Hearings on Variances".
       
    3. Any other matter the Board is required to act upon by any other Town of Indian Trail ordinance.
       
    4. The Board may propose rules and regulations governing its procedures and operations not inconsistent with the provisions of this ordinance to be approved by Town Council.
       
12. Other Responsibilities The Planning and Zoning Board will have any other duties assigned by the Town Council.
13. Staff The Planning Department will serve as staff to the Planning and Zoning Board for these board duties.

1. The Town Council may appoint one or more individuals, with respect to a particular subject area, to assist the Planning and Zoning Board. The Council may appoint advisory committees to consider the thoroughfare plan, housing plans, economic development plans, etc.
2. Members of advisory committees may sit as nonvoting members of the Planning and Zoning Board lending their talents, energies, and expertise when relevant issues are being considered. All formal recommendations to the Town Council will be made only by members of the Planning and Zoning Board
3. The Planning and Zoning Board may appoint such standing or ad hoc subcommittees of its own members to consider particular issues or types of issues and may also appoint ad hoc advisory committees consisting of non-planning and zoning board members to assist it in its work.

The Town Manager will designate the Planning Director for the Town of Indian Trail. Where this ordinance assigns a responsibility, power, or duty to the Planning Director, he or she may delegate that responsibility.

The Planning Director will have the primary responsibility for administering and enforcing this ordinance except as otherwise specifically provided.

The Town Manager will designate the Engineering Director for the Town of Indian Trail.

The Engineering Director will have the following powers and duties:

1. To review and comment on all preliminary and final plats, both minor and major as a member of the Technical Review Committee;
2. To issue all stormwater permits and watershed protection occupancy permits and also include the following:
   1. Keep a record of all permits on file and will be available for public inspection during regular office hours; and
   2. Undertake to monitor land use activities within the watershed areas to the extent reasonably practicable, to identify situations that may pose a threat to water quality and report all significant findings to the Stormwater Advisory Commission; and
3. To review and make recommendations on major and minor site plans;
4. To review all planned development applications associated with a conditional zoning request as a member of the Technical Review Committee;
5. To inspect roads within the Town limits with the following authorities:
   1. Authority to inspect all roads and associated drainage facilities, both public and private, during construction and upon approval;
   2. Authority to require roads to be built to Town or NCDOT standards (whichever applies); and 
   3. Authority to require an as-built survey upon completion and issue a final approval for roads.
6. To inspect stormwater systems with the following authorities:
   1. Authority to inspect all stormwater systems, both public and private, during construction and upon approval; and
   2. Authority to require as-built survey for all stormwater systems.
      
7. To administer bond program to ensure satisfactory completion of public and private road improvements within the Town limits.

The Technical Review Committee shall review and provide recommendations to the Planning Director and Engineering Director in the review of site plans, plats, and other plans and permit applications as determined by the Planning Director and/or Engineering Director. Approvals issued by the Planning Director through the TRC shall be granted in conjunction with the Engineering Director and/or other departmental review and approvals where applicable.