Land Development Ordinance - Amended 4-2-2024

a. Written Statement

The resident or property owner shall submit a written statement to the clerk to the decision-making board at least two (2) business days (excluding weekends) prior to the public hearing.

b. Delivery of Written Statement

The clerk to the decision-making board shall deliver such written statement to the board. If the proposed change is the subject of a quasi-judicial proceeding under North Carolina General Statutes §160D-705 or any other statute, the clerk to the decision-making board shall provide only the names and addresses of the individuals providing written comments, and the provision of such names and addresses to all members of the decision- making board shall not disqualify any member of the board from voting.

§9-1804 PLANNING BOARD REVIEW & RECOMMENDATION

After the submission of an application requiring Planning Board review and recommendation, Planning Staff shall review such applications and associated plans to ensure that such plans meet the standards of the Land Development Ordinance. Once the application and plans are deemed in compliance the staff will prepare a staff report and schedule a legislative hearing, if required, on the application and associated plans. At the legislative hearing, the Planning Board shall consider the application, the relevant support materials and plans, the staff report, and public comment given. After the legislative hearing has been closed, the Planning Board shall consider all materials and testimony presented and shall make a recommendation to the Town Board of Commissioners either to approve, recommend conditions (if a conditional zoning or text amendment) or disapprove the application, and forward such recommendation and application to the Town Board of Commissioners for final action.

a. Written Report

In accordance with North Carolina General Statutes §160D-604, all proposed amendments to the Land Development Ordinance or the official zoning map shall have a written report provided from the Planning Board to the Town Board of Commissioners within 35 days of a recommendation approved for referral of an amendment to the Town Board of Commissioners. If not provided, the Town Board of Commissioners may proceed in its consideration of the amendment without a Planning Board report. Furthermore, in no case shall the Town Board of Commissioners be bound by the recommendation(s), if any, by the Planning Board.

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