|
ARTICLE III.
ADMINISTRATIVE AGENCIES
Summary: This article describes the various agencies involved in the administration of the Town of Waynesville's Land Development Standards. The jurisdiction, powers and duties of each agency or individual are described.
TABLE OF CONTENTS 154.050 Waynesville Board of Aldermen
154.051 Waynesville Planning Board
154.052 Board of Adjustment of Waynesville
154.053 Community Appearance Commission of Waynesville
154.054 Historic Preservation Commission of Waynesville
154.055 Town of Waynesville Planning Department
154.056 Town of Waynesville Public Works Department
154.057-154.079 Reserved
154.050 WAYNESVILLE BOARD OF ALDERMEN.
(A) Powers and Duties.
• Without limiting any authority granted to the Waynesville Board of Aldermen by law or regulations, the Waynesville Board of Aldermen shall have the following powers and duties with respect to these Land Development Standards contained in this chapter, to be carried out in accordance with the terms of this chapter.
• To adopt new text for and amendments to the text of this chapter.
• To adopt a land development map and amendments to the land development map.
• To establish fees for permits and approvals related to the administration of this chapter.
• To adopt amendments to the land development plan and to adopt a new land development plan when warranted.
• Such additional powers and duties as may be set forth for the Waynesville Board of Aldermen elsewhere in this chapter and in other laws and regulations.
154.051 WAYNESVILLE PLANNING BOARD.
(A) Powers and Duties.
• The Waynesville Planning Board shall have the following powers and duties to be carried out in accordance with the terms of this chapter.
• To review all new text for proposed amendments to this chapter and proposals to change land development district designation in the town's jurisdiction and to make recommendations to the Waynesville Board of Aldermen for final action thereon.
• To perform studies and surveys of the present conditions and probable future development of the town and its environs, including but not limited to, studies and surveys of land uses, population, traffic, parking, expansions of extraterritorial jurisdiction, etc.
• To formulate and recommend to the Waynesville Board of Aldermen the adoption and amendment of a land development plan and other plans as necessary.
• To review and decide on approval of all proposed preliminary plats of major subdivisions.
• To hear and decide appeals on preliminary plats for minor subdivisions.
• To conduct annexation feasibility studies and recommend suitable areas of annexation to the Waynesville Board of Aldermen.
• Such additional powers and duties as may be set forth for the Waynesville Planning Board elsewhere in this chapter and in other laws and regulations. (B) Membership; Terms; Officers; Vacancies.
• The Waynesville Planning Board shall consist of nine (9) members.
• The Waynesville Board of Aldermen shall appoint five (5) members from within the town limits and the Haywood County Board of Commissioners shall appoint four (4) members from the one-mile extraterritorial area. The representatives of the extraterritorial area shall have equal rights, privileges, and duties with the other members of the planning board.
• All members shall serve three-year terms and may succeed themselves.
• Officers of the planning board shall be elected in accordance with the rules of procedure for the Waynesville Planning Board.
• Vacancies shall be filled by the Waynesville Board of Aldermen or the Haywood County Board of Commissioners, as applicable, as they occur.
• All members shall attend board meetings on a regular basis. If any member misses more than three (3) consecutive meeting, or does not attend at least 75% of the meetings in one calendar year, he/she may be replaced at the discretion of the planning board. (C) Meetings.
• The Waynesville Planning Board shall meet monthly, on a day and time scheduled by the planning board.
• Special meetings may be called at any time by the chairperson or by request of five (5) members of the board.
• A quorum of four members shall be necessary to transact business.
• All meetings of the Waynesville Planning Board shall be open to the public. (D) Rules and Records.
• The Waynesville Planning Board shall formulate and adopt the rules of procedure under which it will operate.
• The board shall keep minutes of its proceedings.
154.052 BOARD OF ADJUSTMENT OF WAYNESVILLE.
(A) Powers and Duties.
• The Board of Adjustment of Waynesville shall have the following powers and duties to be carried out in accordance with the terms of this chapter.
• To hear and decide applications for approval of variances from the terms of this chapter, unless this chapter places responsibility for hearing or considering such a variance with another body.
• To hear and decide appeals from any order, requirement, permit, decision or determination issued by an administrative officer of the town in enforcing any provision of this chapter unless this chapter places responsibility for hearing such appeals with another body.
• To hear and decide appeals from any order, requirement, permit, decision or determination issued by an administrative officer of the won in enforcing any provision of the Town of Waynesville Minimum Housing Codes.
• To hear and decide appeals from denial of major subdivision plans by the Waynesville Planning Board.
• To hear and decide appeals concerning stormwater permits.
• To review and decide on applications for zoning vested rights.
• To review and decide on applications for conditional use permits.
• Such additional powers and duties as may be set forth for the Board of Adjustment of Waynesville elsewhere in this chapter and in other laws and regulations. (B) Membership; Terms; Officers; Vacancies.
• The Board of Adjustment of Waynesville shall consist of five (5) members.
• The Waynesville Board of Aldermen shall appoint three (3) members from within the town limits and the Haywood County Board of Commissioners shall appoint two (2) members from the one-mile extraterritorial area. The representatives of the extraterritorial area shall have equal rights, privileges, and duties with the other members of the planning board.
• The Waynesville Board of Aldermen shall also appoint three (3) alternate members from the town limits and the Haywood County Board of Commissioners shall appoint two (2) alternate members from the extraterritorial area.
• All members shall serve three-year terms and may succeed themselves.
• Alternate members shall serve in the absence of a regular member and, when serving, shall have, and may exercise all the powers and duties of a regular member.
• Officers of the board of adjustment shall be elected in accordance with the rules of procedure for the Board of Adjustment of Waynesville.
• Vacancies shall be filled by the Waynesville Board of Aldermen or the Haywood County Board of Commissioners, as applicable, as they occur.
• All members shall attend board meetings on a regular basis. If any member misses more than three (3) consecutive meeting, or does not attend at least 75% of the meetings in one calendar year, he/she may be replaced at the discretion of the board of adjustment. (C) Meetings.
• The Board of Adjustment of Waynesville shall hold regular monthly meetings at a specified time and place.
• Special meetings may be called at any time by the chairperson or by request of five (5) members of the board.
• Four (4) board members shall constitute a quorum. The board shall not pass upon any question relating to an appeal from a decision, order, requirement or determination of town officials or an application for a variance or conditional use permit when there are less than four-fifths (4/5) of the board members with jurisdictional authority present.
• All meetings of the Board of Adjustment of Waynesville shall be open to the public. (D) Rules and Records.
• The Board of Adjustment of Waynesville shall formulate and adopt the rules of procedure under which it will operate.
• The board shall keep minutes of its proceedings.
154.053 COMMUNITY APPEARANCE COMMISSION OF WAYNESVILLE.
(A) Powers and Duties.
• The Community Appearance Commission of Waynesville shall have the following powers and duties to be carried out in accordance with the terms of this chapter.
• To initiate, promote and assist in the implementation of programs of general community beautification in the municipality.
• To seek to coordinate the activities of individuals, agencies and organizations, public and private, whose plans, activities and programs bear upon the appearance of the town.
• To provide leadership and guidance in matters of area or community design and appearance to individuals, and to public and private organizations and agencies.
• To make studies of visual characteristics and problems of the town, including surveys and inventories of an appropriate nature, and to recommend standards and policies of design for the entire area, any portion of the community thereof, or any project to be undertaken.
• To prepare both general and specific plans for the improved appearance of the town. The plans may include the entire area or any part thereof, and may include private as well as public property. The plans shall set forth desirable standards and goals for the aesthetic enhancement of the town or any part thereof, including public ways and areas, open spaces and public and private buildings and projects.
• Participate in any way deemed appropriate by the Waynesville Board of Aldermen in the implementation of its plans.
• To review all applications for major subdivision review for recommendation to the planning board.
• To request from the proper officials of any public agency or body, its plans for public buildings, facilities or projects located within the town.
• To request from town officials any plans for proposed commercial, industrial and manufacturing development and redevelopment. Also the commission shall request plans for residential development to include major subdivisions (six or more lots), clustered residential developments and multi-family developments which include six (6) or more dwellings. However, this duty shall not include plans under the jurisdiction of the Historic Preservation Commission as established in Section 154.054(A).
• To review the aforementioned plans and make recommendations regarding their aesthetic suitability to the appropriate agency.
• To formulate and recommend to the planning board and the board of aldermen the adoption or amendment of regulations that will in the opinion of the commission, serve to enhance the appearance of the town.
• To direct the attention of the town officials to needed enforcement of any ordinance that may in any way affect the appearance of the town.
• To seek voluntary adherence to the standards and policies of the commission's plans.
• To enter, in the performance of its official duties, at reasonable times, upon private lands and make examinations and surveys.
• To promote public interest in and an understanding of its recommendations, studies and plans.
• Such additional powers and duties as may be set forth for the Community Appearance Commission of Waynesville elsewhere in this chapter and in other laws and regulations. (B) Membership; Terms; Officers; Vacancies.
• The Community Appearance Commission of Waynesville shall consist of seven (7) members appointed by the Waynesville Board of Aldermen.
• All members shall serve four (4) year terms and may succeed themselves.
• Officers of the appearance commission shall be elected in accordance with the rules of procedure for the Community Appearance Commission of Waynesville.
• Vacancies shall be filled by the Waynesville Board of Aldermen as they occur.
• All members shall attend commission meetings on a regular basis. If any member misses more than three (3) consecutive meeting, or does not attend at least 75% of the meetings in one calendar year, he/she may be replaced at the discretion of the appearance commission. (C) Meetings.
• The Community Appearance Commission of Waynesville shall hold regular quarterly meetings at a specified time and place.
• Special meetings may be called at any time by the chairperson or by request of five (5) members of the commission.
• All meetings of the Community Appearance Commission of Waynesville shall be open to the public. (D) Rules and Records.
• The Community Appearance Commission of Waynesville shall formulate and adopt the rules of procedure under which it will operate.
• The commission shall keep minutes of its proceedings.
154.054 HISTORIC PRESERVATION COMMISSION OF WAYNESVILLE.
(A) Powers and Duties.
• The Historic Preservation Commission of Waynesville shall have the following powers and duties to be carried out in accordance with the terms of this chapter and NCGS Chapter 160A, Article 19 Part 3C.
• To undertake and inventory of properties of historical, prehistorical, archaeological, architectural and/or cultural significance.
• To recommend to the Waynesville Board of Aldermen areas to be designated by ordinance as "historic districts" and individual structures, buildings, sites, areas or objects to be designated by ordinance as "landmarks" or that such designation be removed.
• To review and act upon proposals for alterations, demolition or new construction within historic district, or for the alteration or demolition of designated landmarks.
• To conduct an educational program with respect to historic districts and landmarks within its jurisdiction.
• To cooperate with the state, federal and local government in pursuance of the purposes of the tasks assigned to them; to offer or request assistance, aid, guidance or advice concerning matters under its purview or of mutual interest. The board of aldermen, or the commission, when authorized by the board of aldermen, may contract with the state or the United States, or any agency of either, or with any other organization provided the terms are not inconsistent with state or federal law.
• To enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. However, no member, employee or agent of the commission may enter any private building or structure without the express consent of the owner or occupant thereof.
• To prepare and recommend the official adoption of a preservation element as part of the town's Land Development Plan.
• To recommend to the board of aldermen the acquisition by any lawful means of the fee or any lesser interest, including options to purchase, of properties within established districts or of any such properties designated as landmarks. The commission may recommend to the board to hold, manage, preserve, restore and improve the same, and to exchange or dispose of the property by public or private sale, lease or otherwise, subject to covenants or other legally binding restrictions which will secure appropriate rights of public access and promote the preservation of the property.
• To recommend the restoration, preservation and operation of historic properties.
• To review plans for any development activity requiring a Certificate of Land Development Standards Compliance or a demolition permit effecting a historic property within the planning jurisdiction of the Town of Waynesville. Such historic properties shall include any property listed on the National Register of Historic Places either individually or as a contributing building within a district, or any property on the North Carolina study list for listing on the Naitonal Register of Historic Places, or any property included on the Town of Waynesville Architectural Survey as amended.
• To negotiate at any time with the owner of a building, structure, site, area or object for its acquisition or is preservation, when such action is reasonably necessary and is authorized by the board of aldermen.
• Such additional powers and duties as may be set forth for the Historic Preservation Commission of Waynesville elsewhere in this chapter and in other laws and regulations. (B) Membership; Terms; Officers; Vacancies.
• The Historic Preservation Commission of Waynesville shall consist of nine (9) members appointed by the Waynesville Board of Aldermen.
• All members shall serve four (4) year terms and may succeed themselves.
• Officers of the historic preservation commission shall be elected in accordance with the rules of procedure for the Historic Preservation Commission of Waynesville.
• Vacancies shall be filled by the Waynesville Board of Aldermen as they occur.
• All members shall attend commission meetings on a regular basis. If any member misses more than three (3) consecutive meeting, or does not attend at least 75% of the meetings in one calendar year, he/she may be replaced at the discretion of the historic preservation commission. (C) Meetings.
• The Historic Preservation Commission of Waynesville shall hold regular quarterly meetings at a specified time and place.
• Special meetings may be called at any time by the chairperson or by request of five (5) members of the commission.
• All meetings of the Historic Preservation Commission of Waynesville shall be open to the public. (D) Rules and Records.
• The Historic Preservation Commission of Waynesville shall formulate and adopt the rules of procedure under which it will operate.
• The commission shall keep minutes of its proceedings.
154.055 TOWN OF WAYNESVILLE PLANNING DEPARTMENT
(A) Powers and Duties.
• The Town of Waynesville's Planning Department shall have the following powers and duties, to be carried out in accordance with the terms of this chapter.
• To review all applications for land development for compliance with the terms of this chapter.
• To provide the Waynesville Board of Aldermen, the Waynesville Planning Board, the Board of Adjustment of Waynesville, the Community Appearance Commission of Waynesville and the Historic Preservation Commission of Waynesville with reports and recommendations regarding matters before these bodies, either as required by chapter, other laws or regulations or at the request of the body.
• To enforce compliance with the terms of this chapter, unless otherwise specified.
• To administer the floodplain management program for the town.
• Such additional powers and duties as may be set forth for the Town of Waynesville's Planning Department elsewhere in this chapter and other laws and regulations of the town. 154.056 TOWN OF WAYNESVILLE PUBLIC WORKS DEPARTMENT. (A) Powers and Duties.
• The Town of Waynesville's Public Works Department shall have the following powers and duties, to be carried out in accordance with the terms of this chapter.
• To administer the stormwater management program for the town.
• To administer the sedimentation and erosion control program for the town.
• To issue driveway access permits.
• To review all development plans for compliance with street and utility requirements of the Town of Waynesville Public Works Department.
• Such additional powers and duties as may be set forth for the Town of Waynesville's Public Works Department elsewhere in this chapter and other laws and regulations of the town. 154.057-154.079 RESERVED.
|
