NORTH CAROLINA GENERAL ASSEMBLY
1965 SESSION
CHAPTER 717
HOUSE BILL 807
AN ACT RELATING TO THE PLANNING BOARD OF THE TOWN OF WILLIAMSTON AND CONFERRING UPON THE GOVERNING BODY OF THAT TOWN THE AUTHORITY TO ADOPT COMPREHENSIVE PLANNING, ZONING AND OTHER REGULATORY ORDINANCES WITHIN THE WILLIAMSTON PLANNING AREA AS DEFINED HEREIN.
The General Assembly of North Carolina do enact:
Section 1. Planning Board Created; Membership; Terms of Office. In addition to all other authority which may now or hereafter be granted to the Town of Williamston by law, the governing body of that town is hereby authorized to create a Planning Board for the Williamston Planning Area as defined in Section 12 of this Act. A Planning Board created under the authority of this Act shall be designated as the "Williamston Planning Board", hereinafter referred to as the Planning Board. The Planning Board, composed of five members who are residents of the Town of Williamston and who hold no elected office with the town at the time of their appointment, shall be appointed by the board of commissioners. In lieu of appointing residents of the Town of Williamston as members of the Planning Board, the board of commissioners at their discretion may appoint one or more persons as members who are residents of the planning area as defined in this Act, but who reside outside the corporate limits of the Town of Williamston.
Members of the Planning Board shall be appointed for three-year terms; provided that the members first appointed shall serve for terms as follows: two members shall be appointed to serve for a term of three years and two members shall be appointed to serve for a term of two years and one member shall be appointed to serve for a term of one year. Thereafter, all members of the Planning Board shall be appointed to serve for three-year terms. The terms of the members first appointed shall begin at the time of the first meeting of the Planning Board after their appointment. Any member shall be eligible for reappointment. A vacancy occurring in the membership of the Planning Board shall be filled for the unexpired term in the same manner as set forth herein for other appointments.
Members of the Planning Board shall serve without compensation provided, board members may be reimbursed for necessary travel expenses outside the Williamston Planning Area while engaged in the work of the Planning Board.
Sec. 2. Organization of Planning Board. As soon as practical after their appointment and at the time and place designated by the board of commissioners, the members of the Planning Board first appointed in accordance with Section 1 of this Act shall meet and elect from among its members a chairman, vice chairman and a secretary. The Planning Board shall adopt such rules and regulations for the conduct of its business not inconsistent with this Act as it may deem necessary. After holding its first organizational meeting, the Planning Board shall meet regularly but not less than once every sixty days at such time and place as the Planning Board may determine. Special meetings of the Planning Board may be called by the chairman, and all members shall be notified in writing at least five days in advance of any such special meeting. All meetings of the Planning Board shall be open to the public, and a record of the proceedings of all meetings shall be kept in a book provided for that purpose.
Sec. 3. Planning Board's Fiscal Affairs. Funds for the work of the Planning Board shall be appropriated in the annual budget of the Town of Williamston in amounts that the board of commissioners shall from time to time deem appropriate. The Planning Board may accept any funds or grants-in-aid made available by the United States Government or its agencies, the State of North Carolina and its agencies, or from any other public or private source. The Planning Board shall not purchase any supplies, materials or equipment, enter into any contract for service or incur any debt unless funds for such purpose have been appropriated by the board of commissioners in accordance with this Section. The Planning Board shall submit an annual report concerning its fiscal affairs to the board of commissioners in such form as the board may from time to time require.
Sec. 4. Planning Board, Power and Duties. The Williamston Planning Board shall have authority to make comprehensive studies of the present and future needs of the Williamston Planning Area as defined in Section 12 of this Act and such studies may include but shall not be limited to studies of the physical, social, and economic conditions and trends within the area for the purpose of preparing a plan or plans which will guide the sound growth and orderly development of the Williamston Planning Area which will best promote the health, safety, convenience, prosperity, and general welfare of its citizens.
In the conduct of its studies and the preparation of its plans, the Planning Board may enter into contracts for service with the Federal, State, or County Governments or any agencies thereof under the terms of which said governments or their agencies render financial, technical, or other assistance. The Planning Board may enter into contracts for personnel service and employ such staff on a full or part-time basis as may from time to time be necessary to conduct its affairs. Provided, however, appropriation for such contracts or services have been made in the annual budget of the Town of Williamston as required elsewhere in this Act.
When comprehensive plans or parts thereof have been adopted by the Planning Board, such plans or parts thereof shall be recommended to the board of commissioners or other appropriate body for adoption or other action. Plans or parts thereof adopted and recommended by the Planning Board may include but shall not be limited to the following:
(1) Zoning Plan. A zoning plan shall include both the full text of a recommended zoning ordinance and a map or maps showing proposed district boundaries. Such plan shall be prepared in accordance with the authority granted to the board of commissioners by Section 5 of this Act.
(2) Subdivision Regulations. Subdivision regulations shall include the full text of an ordinance regulating the platting and recording of any subdivision of land within the Williamston Planning Area. Any recommended subdivision regulation shall be prepared in accordance with the power and authority granted to the board of commissioners by Section 6 of this Act.
(3) Major Street and Highway Plan. The major street and highway plan shall include a coordinated plan for the location, construction, extension or improvement of major highways and streets within the Williamston Planning Area as defined in this Act. Such street or highway plan shall be prepared in conjunction with the State Highway Commission and in accordance with the authority granted by Section 7 of this Act.
(4) Public Facilities Plan. The public facilities plan may include a coordinated plan, plans, or parts thereof for the development, expansion and extension of public facilities including but not limited to recommended plans for automobile parking facilities, governmental services, public utilities, public recreation facilities, flood control, drainage and water pollution control facilities, water resources, and public transportation facilities which are deemed important to the development of the entire Williamston Planning Area or any part thereof.
The Planning Board may from time to time revise, amend, extend, or add to a plan or plans or parts thereof and recommend such revision or extension to the board of commissioners of the Town of Williamston.
Prior to the adoption by the Planning Board of any zoning plan, subdivision regulation or other plan or plans or parts thereof, the Planning Board shall advertise and conduct at least one public hearing thereon at which all interested persons shall have the opportunity to be heard. Additional public hearings may be held as the Planning Board deems best. Public hearings shall be advertised by publishing a notice one a week for two successive calendar weeks in a local newspaper having general circulation within the Williamston Planning Area, and said notice shall be published the first time not less than fifteen days prior to the date fixed for said hearing.
Sec. 5. Zoning Authority of the Town of Williamston. The Board of Commissioners of the Town of Williamston is hereby authorized to adopt a zoning ordinance for the Williamston Planning Area as defined in Section 12 of this Act in accordance with the following:
(1) Prior to the adoption of any zoning ordinance or regulation for the Williamston Planning Area or any part thereof, the board of commissioners shall have first received a recommendation concerning such zoning from the Planning Board.
(2) The zoning ordinance shall conform to the authority and be enacted and amended in accordance with the same method or procedure which may now or hereafter be granted to the Town of Williamston by its charter, special Act of the General Assembly, or the General Statutes of the State, including but not being limited to the provisions of Article 14, Chapter 160 of the North Carolina General Statutes.
(3) One or more portions of the Williamston Planning Area outside the corporate limits of the Town of Williamston may be designated as a zoning area or areas. Provided areas so designated shall not be less than six hundred forty acres in size or which contain less than ten separate tracts of land in separate ownership. Any such zoning area or areas may be regulated in the same manner and in accordance with the same methods of procedure as the entire planning area.
Sec. 6. Subdivision Control Authority of the Town of Williamston. The Board of Commissioners of the Town of Williamston is hereby authorized to adopt and enforce an ordinance regulating the platting and recording of any subdivision of land within the Williamston Planning Area as defined by Section 12 of this Act. A subdivision control ordinance adopted pursuant to the authority granted by this Section shall conform to the authority and be adopted in accordance with the procedures which may now or hereafter be granted to the Town of Williamston by its charter, special Act of the General Assembly, or General Statutes of this State including but not being limited by G. S. 160-226 and 227.
In addition to the authority granted by the present G. S. 160-226 and G. S. 160-227 inclusive, the board of commissioners is hereby authorized to enact an ordinance requiring property owners to construct water, sanitary sewer and street facilities within the Williamston Planning Area outside the corporate limits of the Town of Williamston in accordance with policies and standards of the Town of Williamston as a requirement for filing and recording a subdivision plat in compliance with G. S. 160-226.2. Such ordinance may also require the posting of bond or such other method as shall offer guarantee of compliance.
Sec. 7. Authority to Adopt Major Street Plan. The Board of Commismissioners of the Town of Williamston is hereby authorized to adopt in cooperation with the North Carolina State Highway Commission a plan for the location, relocation, opening, widening, construction, extension, or improvement of major highways and streets which are located in whole or in part anywhere within the Williamston Planning Area as defined by Section 12 of this Act.
In exercising the authority granted by this Section, the Board of Commissioners of the Town of Williamston shall have the same authority within the Williamston Planning Area that may now or hereafter be granted to the town by its charter, special Act of the General Assembly, or the General Statutes of this State, including but not being limited to the provisions of G. S. 136-66.2.
In implementing the authority granted by this Section, the Board of Commissioners of the Town of Williamston shall have additional authority as follows:
(1) Establishment of Proposed Street Lines.
(a) Platting of Proposed Street Lines. From and after the time of adoption of a major street plan by the board of commissioners and the State Highway Commission pursuant to provisions of G. S. 136-66.2, the board of commissioners shall have power to request, make, or cause to be made, from time to time, surveys for the exact locating of the lines of new, extended, widened, or narrowed streets and highways in the whole or any portion of the town and within the Williamston Planning Area as described in Section 12 of this Act. Personnel making such surveys are empowered to enter upon lands, make examinations or surveys, and place and maintain necessary monuments thereon, at reasonable times and with due care for the property. A plat or plats of the area or areas thus surveyed shall be prepared on which are indicated locations of the lines recommended as the planned or mapped lines of future streets, street extensions, street widenings, or street narrowings. The preparation of such plat or plats shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes.
(b) Adoption of Official Map; Hearing; Notice. Following the preparation of such plats, the board of commissioners may officially adopt a map or maps of planned new streets and highways, extensions, widenings, or narrowings, or vacations of streets within the town and within the Williamston Planning Area as defined in Section 12 of this Act. Before taking any such action, the board of commissioners shall hold a public hearing thereon, notice of the time and place of which shall have been given once a week for two successive weeks in a newspaper having general circulation in the Williamston Planning Area. Said notice shall be published for the first time not less than fifteen days prior to the date fixed for said hearing. Following adoption of such a map or maps, the Board of Commissioners of the Town of Williamston shall certify a copy to the Register of Deeds of Martin County, which copy shall be duly filed. The placing of any street or street line upon any official map or maps shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes.
(c) Right of Town to Acquire Property Before Improvement. From and after the time of adoption and certification to the Register of Deeds of any such map or maps, it shall be unlawful to build upon any land within the lines of proposed streets shown thereon or to repair or otherwise improve any existing buildings within said lines until the board of commissioners shall have been given an opportunity to purchase or otherwise acquire said property for street purposes as provided by this Section. To that end, any person proposing to build upon such land or to make repairs or improvements to any existing building on such land shall, in writing, notify the board of commissioners of the nature and estimated cost of such building, repairs, or improvements. The board of commissioners shall then determine whether it will take the necessary steps to acquire said land prior to construction of said building or the making of said repairs or improvements. If the board of commissioners fails, within sixty days from the receipt of such notice, to acquire, adopt a formal resolution directing an appropriate officer to acquire, or institute condemnation proceedings to acquire said property, then the owner or other person giving notice may proceed to erect the building or to make the repairs or improvements described in said notice. The building inspector is authorized to withhold and refrain from issuing, for a period not exceeding sixty days from receipt by the board of commissioners of the notice herein prescribed, any building permit for the erection of any building within the said lines, or for the making of any repairs or improvements to existing buildings within said lines.
(d) Failure to Give Notice Bars Recovery for Value of Improvements. If any person, firm, or corporation builds upon any land included within said proposed street lines, or repairs or otherwise improves that part of any existing building within said lines, without giving the board of commissioners an opportunity to acquire said property free from improvements, as provided in Paragraph (c) of this Section, the board of commissioners shall not be required to pay for the value of said building, repairs, or improvements in any proceeding subsequently brought to acquire the land for the purposes shown on the officially adopted map or maps.
(e) Failure of Town to Act No Limit to Subsequent Condemnation. The failure of the board of commissioners to take action under Paragraph (c) of this Section within sixty days after notice shall not have the effect of limiting the right of the board of commissioners at any subsequent time to condemn the same. In such case, however, the owner shall be entitled to full compensation as now provided by law for the building, repairs, or improvements made after the failure of the board of commissioners to take action within the prescribed period.
(2) Acquisition of Rights of Way. From and after the time of adoption of a major highway or street plan, pursuant to the provisions of G. S. 136-66.2, the board of commissioners shall be vested with the same power and authority to acquire street or highway rights of way anywhere within the Williamston Planning Area as defined by Section 12 of this Act as is granted to the North Carolina State Highway Commission in Chapter 136 of the General Statutes. In addition, authority is hereby granted to the board of commissioners to appropriate funds to be used outside the corporate limits and within the Williamston Planning Area for this purpose.
Sec. 8. Town of Williamston Authorized to Adopt Building and Other Regulatory Codes. The Board of Commissioners of the Town of Williamston is hereby authorized to adopt a building code, plumbing code, electrical code, and other similar regulatory codes not only for the area within the corporate limits but for any area within the Williamston Planning Area as defined by Section 12 of this Act. Provided, however, the board of commissioners shall not exercise the authority granted by this Section to adopt regulatory codes for the area outside the corporate limits of the town within Martin County if the county board of commissioners has previously adopted such code.
Sec. 9. Adoption of Other Plans Authorized. The Board of Commissioners of the Town of Williamston is hereby authorized to adopt other plans consistent with the intent and purpose of this Act and not inconsistent with the charter of the Town of Williamston or other special or general law of the State applicable to the planning and orderly growth of the Town of Williamston.
Sec. 10. Town Authorized to Enforce Regulations Within Planning Area. The Board of Commissioners of the Town of Williamston is hereby authorized to enforce any regulations adopted by ordinance pursuant to the authority granted by this Act within the Williamston Planning Area as defined by Section 12 of this Act, in the same manner as the town may now or hereafter be authorized to enforce any such regulations within the corporate limits of the town. This authority shall include the authority to require permits prior to the construction, reconstruction or alteration of any building or structure and to fix a schedule of fees therefor. In addition, the administrative officer of the Town of Williamston designated by the board of commissioners to enforce any ordinance or regulation outside the corporate limits shall have the same power and authority in the performance of this duty outside the town that he may now or hereafter be vested with in the performance of the same duties within the corporate boundaries of the town.
Sec. 11. Authority of Zoning Board of Adjustment. The Board of Adjustment of the Town of Williamston appointed pursuant to G. S. 160-178 shall have the same power and authority within the Williamston Planning Area as defined by Section 12 of this Act outside the corporate limits of Williamston as may now or hereafter be vested with such board for the area inside the corporate limits.
Sec. 12. Williamston Planning Area Defined. The Williamston Planning Area is hereby defined as the area within the corporate boundaries of the Town of Williamston as may now or hereafter be fixed and all the area lying outside of and beyond said corporate boundaries for a distance of one mile in all directions, except such area as may lie in Bertie County.
Sec. 13. Authority of Act Supplementary. The power and authority granted by this Act shall supplement and be in addition to any similar power or authority which may now or hereafter be granted the town by special or general law. This Act or any part thereof shall not be interpreted so as to limit or restrict the Town of Williamston from exercising any lawful authority which its board of commissioners or other official may now or hereafter be granted.
Sec. 14. Prior to exercising any power or authority granted by this Act, the Board of Commissioners of the Town of Williamston shall adopt an ordinance establishing the Williamston Planning Board in accordance herewith, and such ordinance shall cite this Act by reference to its title or otherwise and shall specifically repeal any existing ordinance of the town in direct conflict therewith.
Sec. 15. The ratification of this Act shall not repeal, modify, or affect in any manner any ordinance, rule or regulation lawfully adopted prior to the effective date of this Act. Ordinances, rules, or regulations in effect on the date of ratification of this Act shall remain in full force and effect until repealed or superseded by ordinances or rules and regulations adopted pursuant to the authority granted herein.
Sec. 16. All laws and clauses of laws in direct conflict with this Act are hereby repealed or amended to the extent of such direct conflict.
Sec. 17. This Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 27th day of May, 1965.