Planning and Zoning Commission Roles and Responsibilities
Enabling legislation establishes Planning and Zoning Commissions with specific duties such as making recommendations on zoning ordinances, subdivisions, and legislative decisions. The Commission operates under set rules and procedures to ensure transparency and accountability, while also addressing bias and conflicts of interest that may arise. Members must adhere to conflict of interest laws and highlight any potential conflicts to maintain ethical standards during decision-making processes.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
Planning and Zoning Commission Powers, Duties, and Responsibilities 1
Enabling Legislation Establishment of Planning Boards (also called Planning and Zoning Commissions), including composition and duties, are enabled by N.C.G.S. 160D-301. Montreat s Planning and Zoning Commission serves the Town of Montreat and the ETJ. Composition: 5+ regular members (MZO 7 members (6 w/n Montreat & 1 ETJ). Must include ETJ representation based on ETJ population. May appoint alternate members (MZO 2 alternatives w/n Montreat). Serve on the board in the absence or disqualification of any regular member or to fill a vacancy pending appointment of a member. Have the same terms, duties, and powers as a regular member. 3-year terms (MZO no more than 2 consecutive terms). Duties: Hear and decide all matters assigned to the board in the Town Ordinances. For Montreat Make recommendations on amendments to the Zoning Ordinance ( TextAmendments ) and Official Zoning Map ( Rezonings ). Minor and major subdivisions. Address any requests of the Board of Commissioners. 2
Planning and Zoning Commission - Proceedings Rules of procedure required (adopted). All meetings are open to the public. All Board Members must comply with all conflict of interest laws and requirements. Makes recommendations on legislative decisions. 3
Planning and Zoning Commission - Functions/Duties Make recommendations on amendments to the Zoning Ordinance ( Text Amendments ) and Official Zoning Map ( Rezonings ). These are recommendations on legislative decisions, which are ultimately decided by the Board of Commissioners. Approval of Minor Subdivision Final Plats, Sketch Plans for Major Subdivisions, and Final Plats for Major Subdivisions. Recommendations to the Board of Commissioners on Preliminary Plats for Major Subdivisions. 4
Bias & Conflicts of Interest Per N.C.G.S. 160D-109, a Board Member shall not participate in A decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A 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. Should a Board Member have a conflict of interest, alert the Zoning Administrator and other Board Members ahead of time so that a quorum can be ensured. The Chairman of the Commission will address potential conflicts of interest at the beginning of the hearings for each case on the agenda. 5
Planning and Zoning Commission- Functions/Duties Amendments to the Zoning Ordinance (Text Amendments) An amendment to the regulatory text of the Zoning Ordinance filed by the Board of Commissioners, Planning and Zoning Commission, Board of Adjustment, or property owner. This is a legislative decision made by the Board of Commissioners. The Planning and Zoning Commission provides a recommendation prior to the Board of Commissioners hearing the application. The recommendation shall recommend as proposed , recommend with revisions , or not recommend the application and address consistency with the Comprehensive Plan* and other matters as deemed appropriate. The Planning and Zoning Commission may provide recommendations to the Board of Commissioners on amendments to other Montreat Ordinances if directed to by the Board of Commissioners. As a note, the Board of Commissioners is not bound by the recommendations, if any, of the Planning and Zoning Commission. * Discussed later 6
Planning and Zoning Commission- Functions/Duties Amendments to the Zoning Map (Rezonings) An amendment to the Zoning Map of the Town of Montreat filed by the Board of Commissioners, Planning and Zoning Commission, Board of Adjustment, or property owner. This is a legislative decision made by the Board of Commissioners. The Planning and Zoning Commission provides a recommendation prior to the Board of Commissioners hearing the application. The recommendation shall recommend , recommend with conditions (Conditional Zoning District*), or notrecommend and address consistency with the Comprehensive Plan*, reasonableness*, and other matters as deemed appropriate. As a note, the Board of Commissioners is not bound by the recommendations, if any, of the Planning and Zoning Commission. Per State Statute, if a zoning amendment is made that is inconsistent with the Town s duly adopted future land use map, then that future land use map is deemed to be amended. Note that this amendment is limited to the future land use map (and not other parts of a comprehensive plan), and it is only to conform the future land use map to the zoning amendment. Montreat does not have a future land use map in its comprehensive plan. * Discussed later 7
Planning and Zoning Commission- Functions/Duties Amendments to the Zoning Map (Conditional Zoning Districts) A type of Zoning District in which site plans or individualized development conditions are imposed (N.C.G.S. 160D-703(a)(2)). Applications are filed as rezonings by the Board of Commissioners, Planning and Zoning Commission, Board of Adjustment, or a property owner. Conditional Zoning Districts are project-specific. Conditions imposed are limited to those that address conformance of the development and use of the site to local government ordinances and adopted plans and to those conditions that address impacts reasonably expected to be generated by the development or use of the site . Conditions must be consented to by the petitioner in writing. Examples of conditions include use restrictions, elements of a site plan and site development details (ex. Location of a road or design of a driveway), or social equity (ex. Affordable housing component). Factors that are impermissible to be considered in any zoning regulation cannot be addressed by conditions in conditional zoning. Racial, ethnic, or religious discrimination are not permitted. A condition cannot regulate who owns the development or whether it is owner or renter-occupied. The recommendation shall recommend as proposed , recommend with modification , or notrecommend and address consistency with the Comprehensive Plan*, reasonableness*, and other matters as deemed appropriate. As a note, The Board of Commissioners is not bound by the recommendations, if any, of the Planning and Zoning Commission. 8 * Discussed later
Planning and Zoning Commission- Functions/Duties Subdivisions Governed by Montreat s Subdivision Ordinance and NCGS 160D Article 8. A subdivision is defined in 160D as the division of land for the purpose of sale or development . Subdivisions must be done via plats. Plats are recorded with the Register of Deeds. There are exemptions for compliance with the Subdivision Ordinance (but never the Zoning Ordinance!). Subdivisions are broken up into minor and major types as defined in the Subdivision Ordinance. Minor subdivisions are defined in the Subdivision Ordinance as A subdivision of land involving no new street construction, no right-of-way dedication, no utility extension and no utility easement dedication, where three (3) or fewer lots result after the subdivision is completed. All other subdivisions are considered major. The Subdivision Ordinance includes general requirements and design standards for all subdivisions including Suitability of land for development Street design, access, and layout both internally and externally. Access to utilities. Stormwater drainage and sediment control. Preservation of natural environment. Lot layout, size, width, and orientation. Easements for utilities and drainage. Subdivisions must also comply with the MZO! PZC evaluates these standards during their review of subdivisions. 9
Planning and Zoning Commission- Functions/Duties Subdivisions Subdivisions are exempt from the Subdivision Ordinance when . 1. The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the Town as shown in its subdivision regulations; 2. The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved; 3. The public acquisition by purchase of strips of land for the widening or opening of streets; 4. The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the Town, as shown in its subdivision regulations. 5. The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the North Carolina General Statutes. 10
Planning and Zoning Commission- Functions/Duties Subdivisions MINOR SUBDIVISIONS Application Review* by PZC for conformance with Town Ordinances ** Final plat review and approval by PZC with signature (within 62 days of first consideration) Final plat must be recorded within 30 days. * Review and approval is quasi-judicial. Sworn testimony, notice in accordance with NCGS 160D-406, etc. ** If PZC determines that improvements are required, the applicant must return to the PZC with new plans showing improvements. The applicant may choose to complete these improvements prior to final plat or after final plat with submission of performance guarantee. MAJOR SUBDIVISIONS Application Sketch Plan review and approval* by PZC (within 62 days of first consideration) Preliminary Plan review and approval* by PZC (within 62 days of first consideration) with signature ** BOC approves required improvements or enters into a performance guarantee Final plat review and approval* by PZC with signature PPS is valid for one year (unless granted an extension). Final plat must be recorded within 30 days. * Review and approval is quasi-judicial. Sworn testimony, notice in accordance with NCGS 160D-406, etc. ** PZC will determine what improvements are needed with PPS (includes roads, fire hydrants, utility lines, etc.). The applicant may choose to complete these improvements prior to final plat or after final plat with submission of performance guarantee. 11
Planning and Zoning Commission- Functions/Duties Subdivisions OTHER PROVISIONS Subdivision Ordinance allows for optional conservation design. Must meet specific open space and design requirements, but get an increase in the number of lots and reduction in minimum lot size and setback. Tradeoff between environmental preservation and higher development potential. Variances to Subdivision Ordinance provisions may be requested from the BOA. Appeals are heard by Superior Court in the nature of certiorari. 12
General Order of Meetings 1. Open meeting and determine quorum 2. Discuss, revise, and adopt agenda 3. Approval of minutes 4. Public hearings 5. Committee reports/updates 6. Old business 7. New business 8. Public comment 9. Adjourn 13
Legislative Decision Recommendations Recommendations made by the Planning and Zoning Commission must be sent to the Board of Commissioners within 90 days of hearing an application on legislative decisions for amendments to the Zoning Ordinance (or other Montreat Ordinances) and the Zoning Map. Recommendations must address consistency with the Comprehensive Plan and other matters as deemed appropriate. Recommendations for rezonings must include an evaluation of the reasonableness of the proposal. The Board of Commissioners is not bound by the recommendations, if any, of the Planning and Zoning Commission. 14
Comprehensive Plan Consistency 160D requires that the Board of Commissioners address the consistency of proposed rezonings or text changes with the Comprehensive Plan and any other applicable plans adopted by the jurisdiction. The Planning and Zoning Commission s evaluation and recommendation should also address these items. Deliberate consideration of the Comprehensive Plan help produce more thoughtful decisions about proposed ordinance and map amendments. By using plans to help guide decisions regarding proposed development standards and projects, this procedure also supports plan implementation and assures that plans are put to the use for which they were intended. The Board of Commissioners must approve written statements documenting their consideration of the plans when making rezoning and zoning text amendment decisions (either using or not using what the Planning and Zoning Commission recommended), although they do not necessarily have to take actions that are consistent with the plan. 15
Reasonableness of Rezonings 160D requires that the Board of Commissioners address the reasonableness for each conditional rezoning or other small-scale rezoning as rezonings may result in spot zoning. The Planning and Zoning Commission s evaluation and recommendation should also address this item. This requirement was designed to assist cities and counties in assessing the case law requirement (from Chrismon v. Guilford County, 1988) that spot zoning must be reasonable . The statute lists the factors that should be considered in a reasonableness analysis. The factors are suggested and not mandated, as not all factors will be relevant to all rezoning decisions. i. The size, physical conditions, and other attributes of the area proposed to be rezoned. ii. The benefits and detriments to the landowners, the neighbors, and the surrounding community. iii. The relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment. iv. Why the action taken is in the public interest. v. Any changed conditions warranting the amendment. The Board of Commissioners must make a reasonableness statement for zoning map amendments. They may make a reasonableness statement for text amendments, but it is not required. 16
Appeals of Planning and Zoning Commission Decisions Legislative recommendations made by the Planning and Zoning Commission are not eligible for appeal as they are not binding development decisions. 17
Planning and Zoning Commission PZC V BOA 18
LEGISLATIVE QUASI-JUDICIAL Decision Maker Board of Commissioners Board of Adjustment Newspaper and/or mailed notice to owners and neighbors and posted notice on site Mailed notice to applicant, owner, and abutting owners and posted notice on site Notice of Hearing Type of hearing Legislative Evidentiary Witnesses present testimony, Board may limit this to relevant evidence that is not repetitious. Board allows non- party testimony Must have substantial, competent, material evidence in record; witnesses under oath, subject to cross-examination; no ex parte communication allowed Written findings of fact required; must determine contested facts Simple majority of entire board except 4/5 to grant a variance Can only apply standards previously set in statute and ordinance Can reasonably limit number of and time for speakers Speakers at hearings None required; members free to discuss issue outside of hearing Evidence None required (statement on plan consistency and rationale required for zoning amendments) Findings Voting Simple majority of entire board Standard for decision Establishes standards Conditions Not allowed, except with conditional zoning Allowed if based on standard in ordinance Any financial interest, close relationship with applicant, personal bias, or undisclosed ex parte communication disqualifies; impartiality required Direct, substantial, and readily identifiable financial interest or close relationship with applicant Conflict of interest Creation of vested right None Yes, if substantial expenditures are made in reliance on it 19
Planning and Zoning Commission Legislative Updates 20
Adopted Bills 2023 Legislative Session House Bill 130-Energy Choice/Solar Decommissioning Rqmts. House Bill 259 - 2023 Appropriations Act House Bill 488 - Code Council Reorg and Var. Code Amend. Senate Bill 582 - North Carolina Farm Act of 2023 House Bill 600 - Regulatory Reform Act of 2023 House Bill 627 - On-Site Wastewater Rules Senate Bill 673 - Water and Wastewater Regulatory Relief Act Senate Bill 677 - Exped. Comm. Bldg. 21
House Bill 130 (SL 2023-58) Energy Choice/Solar Decommissioning Req. Overview Signed Into Law 6/26/23 Revises GS 160A-203.3 bars cities from regulating the kind of energy a consumer may chose to purchase and from prohibiting sale, purchase, or installation of appliances Adds GS 103A-309.240 Requiring utility-scale solar projects to decommission solar panel arrays and related equipment following cessation and restore the property within 1 year following cessation. Also requires applicant to file a decommission plan, provide a decommissioning financial assurance, and register with the DEQ Does NOT prohibit local government requirements from being more stringent than state law Impact on Montreat: Currently: Utility-scale solar projects are not permitted in Montreat 22
House Bill 259 (SL 2023-134) 2023 Appropriations Act Overview Signed Into Law 10/03/23 Revises NCGS 110-86 (83) to increase the maximum number of children that may reside in a family child care home from 9 to 10 and changes the maximum counts of children by age. Amends NCGS 113A-61 to prohibit any local government from denying a draft erosion and sedimentation control plan solely on the applicant's need to obtain other required environmental permits, authorizations, or certifications (may condition its approval on receipt of other required permits, authorizations, etc.) Impact on Montreat: Currently: Montreat does not allow family child care homes specifically. Will wait for guidance from SOG about adding definition. Montreat does not issue erosion and sediment control permits. Future? Will need to be aware of erosion and sediment control permits if Montreat enacts an erosion and sediment control plan requirement to be administered by the Town (Comp Plan Environment Objective 3) 23
House Bill 488 (SL 2023-108) Code Council Reorg. And Var. Code Amendment. Overview Signed Into Law 08/16/23 Adds triplexes and quadplexes to the range of development subject to the residential code and its exemptions; including design standards Revises 160D-702(b) to remove reference to one and two-family dwellings being exempted from design controls in favor of exempting all structures subject to regulation under the North Carolina Residential Code. Revises 160D-702(c) and 160D-804(i) to remove the ability to apply minimum square footage sizes to any structure regulated under the residential building code. Revises GS 113A-60 to allow the applicant to decide how erosion control fees will be charged (whether by the number of acres disturbed or a flat per lot fee of up to $100 per lot for each lot under one acre). Revises GS 160D-925 from requiring payments from a developer or landowner for future maintenance of private stormwater control measures, and caps any private stormwater maintenance guarantee obligations at 10% of the project's original cost (down from current 25%). Requires any local government who has required payments for future stormwater control measure maintenance to make those funds available to the owner for use in maintenance immediately. Impact on Montreat: Currently Montreat does not regulate design controls unless consented to by the applicant. Montreat does not have a minimum square footage required for any development. Montreat does not regulate erosion and sediment control at the local level. Will need to revise Stormwater Ordinance (believe it includes requirements for maintenance under Section 309). Future? Will need to be aware of erosion and sediment control permits if Montreat enacts an erosion and sediment control plan requirement to be administered by the Town (Comp Plan Environment Objective 3) 24
House Bill 488 (SL 2023-134) Code Council Reorg. And Var. Code Amendment. Overview Bars local governments from enforcing private driveway, parking lot, or vehicular accessway paving standards that are more restrictive than NCDOT. Also requires local governments to accept private parking lot and vehicular accessway paving configurations that do not meet NCDOT standards if they are stamped/sealed by a professional engineer and meet fire apparatus requirements. Developer must disclose that driveways, parking lots, and vehicular accessways do not meet minimum local paving standards. Bars local government from applying private street standards that are more restrictive than NCDOT street standards. Requires local governments to accept roadway designs for private streets that are less restrictive than NCDOT requirements if stamped by a licensed professional engineer. Local governments are released from liability for permitting such streets. Revises GS 160A-317 & 153A-284 to only permit a city to require connection to a public wastewater system if capacity exists to serve the connection at the time of the connection (NOT AT SOME TIME IN THE FUTURE). Impact on Montreat: Currently Montreat does not permit private streets to be platted in Town limits. Unsure how Montreat s parking lot and vehicular access paving standards compare to NCDOTs. Will need to investigate this and possibly revise MGO and MZO. Unsure how third bullet impacts Montreat due to use of MSD. Will wait for guidance on this from SOG. 25
House Bill 488 (SL 2023-134) Code Council Reorg. And Var. Code Amendment. Overview Revises GS 143-136 to create a new residential building code (which includes and expands the current code for one- and two-family residential structures) and a residential building code council along with membership rules for the 13 members, organization of the Council, rules for procedure. Revises the name for the NC State Building Code (Fire Prevention) to the Fire Prevention Code. Revises GS 87-1, 87-14 , 143-138(5), 160D-1110, 44A-11.1, and 89D-12 to increase the exemption threshold for construction value exempted from building permit upwards to $40,000. Revises GS 160D-1110(d) to prohibit local governments from requiring more than one building permit for simultaneous projects at the same address and subject to the residential code. Revises GS 143-138 & 160D-1104(d) to abolish existing and prohibit new sheathing inspection requirements for structures subject to the residential code in areas subject to wind speed requirements below 140 mph by the building code. Impact on Montreat: Currently Unsure how changes related to building code impact Montreat. Will wait for guidance on this from SOG. 26
Senate Bill 582 (SL 2023-63) NC Farm Act of 2023 Overview Signed Into Law 06/27/23 Revises GS 136-32 to permit "compliant farm signs" in State road rights-of-way during a farm's seasonal operation subject to the same placement rules as political signs. Signs may be removed by anyone without penalty 30 days after the farm's season is over. Establishes sedimentation buffer around trout waters - unclear how this differs from SB613. Removes buffer rules from trout waters - covered elsewhere. Adds pine orchards for production of pine needles and biofuel production to the definition of agriculture. Clarifies definitions of wetlands. Wetlands regulated wetlands those with a continuous surface connection to bodies that are waters of the United States in their own right. Impact on Montreat: Currently Agriculture permitted in WL Zoning Districts (but no record of this occurring). Only wetlands (identified on NWI) are associated with streams. Unsure if this definition impacts the regulation of our wetlands, but regulations would only be triggered by disturbance of streams and/or wetlands. Will wait for guidance from SOG. No state road rights-of-way in Montreat. No trout waters in Montreat 27
House Bill 600 (SL 2023-137) Regulatory Reform Act of 2023 Overview Signed Into Law 06/27/23 Post-Construction Stormwater Management Revises 143-214.7 to permit redevelopment to only treat the runoff from the additional built-upon area added by the redevelopment, regardless of whether the existing impervious surface is removed or relocated as a part of redevelopment. A property owner may voluntarily elect to treat all the stormwater from resulting from the net increase in built-upon area above the preexisting development or redevelopment activities described herein to exceed allowable density under the applicable water supply watershed rules as provided in G.S. 143-214.5(d3). Exempts public "linear" transportation projects undertaken by entities other than NCDOT that are part of a common plan of development from requirements associated with the post-construction stormwater rule. "Public linear transportation project" means a project consisting of a road, bridge, sidewalk, greenway, or railway that is on a public thoroughfare plan or provides improved access for existing development and that is owned and maintained by a public entity. Revises GS 143-214.7 (stormwater) to exclude land located within a NCDOT or municipal right-of-way from the calculation of impervious surface. Allows an applicant in a community operating a joint stormwater program to choose to submit the permit application to any local government in the joint stormwater program if they have jurisdiction in the property s community. Impact on Montreat: Currently Montreat does not have a joint stormwater program. May need stormwater ordinance amendments for other three bullets. Will wait for guidance on this from SOG. 28
House Bill 600 (SL 2023-137) Regulatory Reform Act of 2023 Overview Water and Wastewater Changes the rules for sewage flow for bedrooms to a maximum of 75 gallons per day per bedroom. Additional changes to how wastewater flows can be calculated. Establishes GS 115C-218.36 that requires local governments to respond to charter school Board inquiries as to water and sewer capacity within 30 days and to reserve water and sewer capacity for charter schools for 24 months from the date of inquiry if capacity is available. Other Water-Related: Changes floodplain rules for airports. Revises rules for 401 water quality certifications. Impact on Montreat: Currently Unsure if first two bullets impact Montreat due to use of MSD. Will wait for guidance on this from SOG. Montreat allows educationalfacilities . Unlikely that charter school provisions would impact Montreat. Airports are not permitted in Montreat. 401 Water Quality Certifications are issued by NCDEQ. No effect on Montreat, but something for staff to be aware of. 29
House Bill 600 (SL 2023-137) Regulatory Reform Act of 2023 Overview Transportation Related Revises GC 160D-702 to cap parking spaces at a max of 9 feet by 20 feet for 90-degree parking spaces. Revises GS 160A-307.1 to bar any local government from requiring any access points, driveway access requirements, or cub cuts to be used by a school in addition to those imposed by the DOT as part of 136-18(29a). Bars local governments from requiring additional fire truck access into SFD or SFD subdivisions that are NOT in compliance with requirements for fire access roads as stated in the applicable Building Code. Other Prohibits cities and counties from prohibiting battery-charged security fences on non-residential property or from requiring any sort of special permit for the installation of a battery-charged security fence. Establishes some basic standards for battery-charged electric fences: must have a monitored alarm device, may not be designed solei for residential use, Limited to a battery charger of 12 volts or less, is surrounded by a non-electric perimeter fence at least 5 feet in height, does not exceed 10 feet in height or more than 2 feet taller than the perimeter fence, and is marked with warning signs saying warning - electric fence Changes to new Residential Building Code Council formulation from adopted version in HB488 (SL2023-108) Impact on Montreat Currently Parking space size on MZO complies. Electric fences are prohibited in MZO. Will need to amend MZO. Will wait for guidance from SOG. Montreat permits educational facilities . Unsure if road standards are impacted by this provision. Will wait for guidance from SOG. Unsure how Montreat s parking lot and vehicular access paving standards compare to NCDOTs. Will need to investigate this and possibly revise MGO and MZO. 30
House Bill 627 (SL 2023-77) On-Site Wastewater Rules Overview Signed Into Law 07/07/23 Establishes a sewage flow rate of 120 gallons per day per bedroom or 60 gallons per day per person if beyond 2 people. Prohibits local governments from treating ADUs as a separate unit when sizing a septic tank. Impact on Montreat: Currently Montreat uses MSD for sewer service and Buncombe County Environmental Health for septic permitting. Unsure if this impacts Montreat or not. Will wait for guidance on this from SOG. 31
House Bill 673 (SL 2023-55) Wastewater Regulatory Relief Act Overview Signed Into Law 06/23/23 Revises GS 143-215.1 to permit applicants to count wastewater flows for new dwelling units (even unconstructed units) at 75 gallons per day per bedroom unless the DEQ permits an even lower flow rate. Requires all local governments operating wastewater systems to submit an engineering evaluation of future wastewater treatment, utilization, or disposal needs prior to when the actual flow for the system exceeds 80%. Requires all local governments operating wastewater systems to obtain all required permits for expansion of facilities prior to the actual flow exceeding 90%. Allows certain systems to allocate up to 155% of capacity when expansion is within 24 months of completion. Impact on Montreat: Currently Montreat uses MSD for sewer service. Unsure if this impacts Montreat or not. Will wait for guidance on this from SOG. 32
House Bill 677 (SL 2023-63) Exped. Comm. Bldg. Overview Signed Into Law 06/27/23 Revises Sec 160D-111-.1 to require local governments to provide a pre-submittal meeting with an applicant within 5 days to review building permit submittals and clarify if application for a commercial or multi-family project would meet the standards for a building permit. Establishes a maximum 45-day timeframe for plan review (unless longer agreed to by applicant). Provides up to 10 days for review of supplemental information required. If local government fails to issue a building permit within 45 days, applicant may then contract with independent 3rd party for building permit plan review. If a local government receives a plan certified by a State-approved 3rd party reviewer, it shall issue the building permit within 3 days and refund or waive all building permit application fees. Creates the ability for applicant to request "at risk" foundation or structural inspections - local government liability waived. Impact on Montreat: Currently This relates to building inspections, not P&Z. Unsure how changes related to building code impact Montreat. Will wait for guidance on this from SOG. 33
House Bill 677 (SL 2023-63) Exped. Comm. Bldg. Overview Signed Into Law 06/27/23 A local government may not deny a draft erosion and sedimentation control plan based solely on the applicant's need to obtain other development approvals. The local government shall condition the approval on the applicant's compliance with State and federal rules. Once a local government administering its own erosion and sedimentation control program approves an erosion and sedimentation control plan for land disturbing activity at a site, the plan holder may commence land disturbance regardless of whether or not other permits are required and have not been obtained. Impact on Montreat: Currently Montreat does not regulate erosion and sediment control at the local level. Future? Will need to be aware of erosion and sediment control permits if Montreat enacts an erosion and sediment control plan requirement to be administered by the Town (Comp Plan Environment Objective 3) 34
Planning and Zoning Commission Small Town Planning Challenges and Trends 35
General Trends In the US, populations of small towns (populations of less than 5,000 people) decreased in the Northeast and Midwest while the South and West grew (per the 2020 Census). Generally, small towns in NC are growing at slower rates than larger jurisdictions. Generally, population changes in small towns are more susceptible to residentpopulation count variability. Resident populations include people living in prisons, college dorms, etc. Population numbers may not reflect the true size of the everyday population, positive or negative. Overall, location is a critical factor in growth of small towns. Proximity to major cities and urban areas. Proximity to recreational and natural areas. Other factors that affect growth of small towns include Availability of land, infrastructure (including broadband), and transportation networks. 36
Challenges Declining downtowns Lack of protections for community character Loss of natural areas and open space Suburban style development Transportation access Limited financial, technical, and staff resources Regulatory gaps Broadband access Changing demographics Aging populations Diverse populations Health issues Auto-reliance Poverty Lack of access to medical care Housing access and affordability Also, limited housing types 37
Planning and Zoning Commission Available Resources 38
Resources University of Chapel Hill North Carolina School of Government Coates Canon Blog - https://canons.sog.unc.edu/ Publications - https://www.sog.unc.edu/publications American Planning Association Knowledge Center - https://www.planning.org/knowledgecenter/ 39
