ORDINANCE #279

AN ORDINANCE ESTABLISHING AN AREA OF EXTRATERRITORIAL JURISDICTION FOR THE TOWN OF MAGGIE VALLEY, NORTH CAROLINA,

RE-ESTABLISHING THE PLANNING BOARD AND BOARD OF ADJUSTMENT

AND EXTENDING THE COVERAGE OF CERTAIN ORDINANCES

INTO SUCH EXTRATERRITORIAL AREA

 

                  WHEREAS, the Town of Maggie Valley has found the area shown on the map described herein to be an area of existing or projected urban development and of critical concern to the Town and therefore deems it necessary and desirable to extend planning and development regulations into such area surrounding the corporate limits of the Town for a distance of not more than one mile in Haywood County and which area is not within the jurisdiction of any other Town; and

 

                  WHEREAS, North Carolina General Statutes 160A-360 authorizes the Town of Maggie Valley to establish an Extraterritorial Jurisdiction and to undertake the enforcement of ordinances dealing with planning and the regulation of development within a defined area lying outside of and beyond its corporate limits for a distance of up to one mile; and

 

                  WHEREAS, Haywood County has not adopted an ordinance that exercises zoning within the area in question; and

 

                  WHEREAS, the Town of Maggie Valley Planning Board has from time to time made studies of the Extraterritorial Area and recommends this action;

 

                  NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED by the Town of Maggie Valley, North Carolina assembled in Regular Session this the 21 day of May 2002:

 

 

 

Part I. That the Town of Maggie Valley Zoning Ordinance be amended to include the following:

 

Planning Board

 

                  Created.

                  A Planning Board for the Town of Maggie Valley and its area of extraterritorial jurisdiction is hereby created.

 

                  Membership; terms of office, vacancies.

                  The Planning Board shall consist of nine members.  Five members of the Planning Board shall be appointed by the Board of Aldermen of the Town of Maggie Valley, and four members shall be appointed by the Board of Commissioners of Haywood County.

                  For the initial appointments to the Planning Board, the Town of Maggie Valley shall appoint one member for a one-year term, two members for a two-year term, and two members for three-year terms.  Haywood County shall appoint one member for a one-year term, two members for two-year terms, and one member for a three-year term.  Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment.  Each successive appointment of members to the Planning Board shall be for a term of three years.  Members may be reappointed for any number of successive terms.

 

                  Attendance at meetings prerequisite to maintaining membership.

                  Faithful attendance at the meetings of the Planning Board is considered a prerequisite for the maintenance of membership on the board, and members who miss three (3) consecutive meetings automatically forfeit membership.  A member terminated for lack of attendance may appear before the Board of Aldermen and request reinstatement.

 

                  Organizational meeting; election of chairman, officers; terms.

                  Within thirty (30) days after the appointment of members to the Planning Board, the board shall meet and elect a chairman and create and fill such offices as it may determine.  The term of the chairman and other offices shall be for one (1) year, with eligibility for re-election for any number of successive terms.

 

                  Regular meetings required; nature of meeting; quorum.

(a)                 The Planning Board shall hold at least one (1) meeting monthly, and all of its meetings shall be open to the public.

(b)                 There shall be a quorum of five (5) members for the purpose of taking any official action required by this article.

 

                  Required to adopt rules, keep records.

                  The Planning Board shall adopt rules for transaction of its business and shall keep a record of its membersÕ attendance and its resolutions, discussions, findings, and recommendations, which record shall be a public record.

 

                  General powers and duties.

                  In addition to the duties prescribed by state law, it shall be the duty of the Planning Board to do the following:

(1)                 Acquire and maintain in current form such basic information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions;

(2)                 Prepare and from time to time amend and revise a comprehensive and coordinated plan for the physical development of the area;

(3)                 Establish principles and policies for guiding action in the development of the area;

(4)                 Prepare and recommend to the Board of Aldermen ordinances promoting orderly development along the lines indicated in the comprehensive plan;

(5)                 Determine whether specific proposed developments conform to the principles and requirements of the comprehensive plan for the growth and improvement of the area;

(6)                 Keep the Board of Aldermen and the general public informed and advised as to these matters;

(7)                 Perform any other duties which may lawfully be assigned to it.

 

                  Special committees.

                  The Planning Board may set up special committees to assist it in the study of specific questions and problems.

 

                  Authority of Extraterritorial Members

                  Those members of the Planning Board that reside within the Extraterritorial area and being those same members appointed by the Haywood County Board of Commissioners shall function only with respect to matters originating within and/or effecting the extraterritorial area.
 
 

Board of Adjustment

 

                  Created.

                  A Board of Adjustment for the Town of Maggie Valley and its area of extraterritorial jurisdiction is hereby created.

 

                  Membership; terms of office, vacancies.

                  The Board of Adjustment shall consist of nine members.  Five members of the Board of Adjustment shall be appointed by the Board of Aldermen of the Town of Maggie Valley, and four members shall be appointed by the Board of Commissioners of Haywood County.

                  For the initial appointments to the Board of Adjustment, the Town of Maggie Valley shall appoint one member for a one-year term, two members for a two-year term, and two members for three-year terms.  Haywood County shall appoint one member for a one-year term, two members for two-year terms, and one member for a three-year term.  Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment.  Each successive appointment of members to the Planning Board shall be for a term of three years.  Members may be reappointed for any number of successive terms.

 

                  Attendance at meetings prerequisite to maintaining membership.

                  Faithful attendance at the meetings of the Board of Adjustment is considered a prerequisite for the maintenance of membership on the board, and members who miss three (3) consecutive meetings automatically forfeit membership.  A member terminated for lack of attendance may appear before the Board of Aldermen and request reinstatement.

 

                  Organizational meeting; election of chairman, officers; terms.

                  Within thirty (30) days after the appointment of members to the Board of Adjustment, the board shall meet and elect a chairman and create and fill such offices as it may determine.  The term of the chairman and other offices shall be for one (1) year, with eligibility for re-election for any number of successive terms.

 

                  Regular meetings required; nature of meeting; quorum.

(c)                 The Board of Adjustment shall hold at least one (1) meeting monthly, and all of its meetings shall be open to the public.

(d)                 There shall be a quorum of five (5) members for the purpose of taking any official action required by this article.

 

 

                  Required to adopt rules, keep records.

                  The Board of Adjustment shall adopt rules for transaction of its business and shall keep a record of its membersÕ attendance and its resolutions, discussions, findings, and recommendations, which record shall be a public record.

(a)                 The Board of Adjustment is hereby designated as the zoning commission for the Town.

 

                  Duties as to subdivisions.

(a)                 The Board of Adjustment shall review from time to time the existing regulations for the control of land subdivision in the area and submit to the Board of Aldermen its recommendations, if any, for the revision of such regulations.

(b)                 The Board of Adjustment shall be the review authority for all proposed plats of land subdivision.

 

                  Authority to conduct hearings.

                  The Board of Adjustment may conduct such hearings as may be required to carry out its duties under this article and as prescribed by state law.

 

                  Authority to inform public.

                  The Board of Adjustment shall have the power to promote public interest in and an understanding of its recommendations, and to that end it may publish and distribute copies of its recommendations and may employ such other means of public education as it may determine.

 

                  Authority of Extraterritorial Members

                  Those members of the Board of Adjustment that reside within the Extraterritorial area and being those same members appointed by the Haywood County Board of Commissioners shall function only with respect to matters originating within and/or effecting the extraterritorial area.

 

                  Authority for members, employees to attending planning conferences; payment of expenses.

                  Members of the Planning Board and Board of Adjustment, when duly authorized by the Board of Aldermen, may attend planning conferences or meetings of planning institutes or hearings upon pending planning legislation, and the board may, by formal and affirmative vote, pay, within the boardÕs budget, the reasonable traveling expenses incident to such attendance.

 

 

Part II.                 That the Code of Ordinances of the Town of Maggie Valley be amended by adding a new Article ÒExtraterritorial JurisdictionÓ, to the Zoning Ordinance to read as follows:

 

Extraterritorial Jurisdiction

 

                  Extraterritorial jurisdiction boundaries established.

                  An official map of the Town of Maggie Valley entitled ÒTown of Maggie Valley Extraterritorial JurisdictionÓ and dated the 15th day of May, 2002, is hereby adopted showing the extraterritorial jurisdiction area boundary of the Town of Maggie Valley.  Such map shall be maintained in the manner provided for in North Carolina General Statutes 160A-22 and shall be recorded in the Office of the Register of Deeds of Haywood County.

 

                  Application and enforcement of ordinances in the extraterritorial area.

                  The following ordinances contained within the Code of Ordinances of the Town of Maggie Valley shall be applicable in every aspect within the extraterritorial area in the same manner as each is now applicable within the corporate limits of the Town of Maggie Valley and the designated enforcement officer shall enforce all of the provisions of these ordinances within the extraterritorial area in the same manner as the officer is now authorized to enforce these ordinances within the corporate limits:

                  Subdivision Regulations

                  Zoning                  (the effective date of zoning jurisdiction shall be as specified in the                                                                                   ordinance adopting the official zoning map for the extraterritorial area.)Ó

 

 

Part III.   Effective Date.

                                    This ordinance shall become effective upon its adoption.

 

 

 

 

 

Adopted this the 21 day of May, 2002.

 

 

 

                 

                                                                                          ___________________________

                                                                                                                                               Ralph Wallace, Mayor

 

_________________________________

                  Vickie Best, Clerk