Conflicts of Interest, 160D References, and Board/Commission Composition (TC-10-21)
Conflicts of Interest, 160D References, and Board/Commission Composition (TC-10-21)
This text change is a combination of four smaller text amendments that have been consolidated for efficiency purposes (see Proposed Text Change section below). Read the full draft ordinance.
Background Information and Current Rules:
In 2019, the General Assembly enacted N.C. Stat. 160D (“160D”), amending various statutes governing local government’s authority to regulate the use and development of land. TC-10-21 is one of several text changes that addresses UDO amendments bringing specific UDO sections into compliance with 160D. In addition to addressing changes required by 160D, TC-10-21 amends the composition of the Appearance Commission due to it recently taking on the quasi-judicial duties of the Planning Commission regarding design adjustments.
ETJ Representation. The City’s current practice complies with 160D’s mandate that certain boards and commissions include ETJ representation. Section 1 of this text change incorporates this mandate in Art. 1.1 of the UDO.
Updating Statutory References. When the General Assembly enacted 160D, it repealed and replaced numerous sections contained in NCGS Chapter 160A. The UDO references several sections from 160A that were repealed and replaced with sections from 160D. Sections 1a-3, 5, and 7-22 of TC-10-21 update these statutory references in the UDO.
Appearance Commission Composition. As stated above, TC-10-21 amends the composition of the Appearance Commission due to it recently taking on the quasi-judicial duties of the Planning Commission regarding design adjustments. Because of the special nature of quasi-judicial decisions and the boards that make them, there is a need that the composition of these boards include regular and alternate members much like the Board of Adjustment. Section 3a of TC-10-21 provides for the membership of the Appearance Commission, when performing the quasi-judicial duties of the Planning Commission, to be composed of 9 regular members and 6 alternate members, as designated by council at time of appointment. When the Appearance Commission is performing its customary and statutory duties as an appearance board, its membership composition shall remain at 15 members.
Conflicts of Interest. NCGS 160D-109 establishes when certain conflicts of interest prohibit members of governing board (city councils), as well as appointed boards and commissions from participating in matters before them. In addition, NCGS 160D-109 addresses when board or commission members should not participate in quasi-judicial decisions. NCGS 160D-109 also describes circumstances where, due to conflicts of interest, specific administrative staff should not be involved in the review of applications requiring administrative approval. Sections 4 and 6 of TC-10-21 incorporate into the UDO the requirements of NCGS 160D-109.
Proposed Text Change:
- Incorporates into Art. 1.1 of the Unified Development Ordinance (“UDO”) the statutory mandate, from NCGS Chapter 160D, that Planning Commission, Board of Adjustment, and Appearance Commission have extraterritorial representation. In the event there are historic districts or designated landmarks in the city’s ETJ area, then the Historic Development Commission must have ETJ representation.
- Incorporates into Art. 10.1 of the UDO the statutory establishment, from NCGS Chapter 160D, of conflicts of interest governing city council, advisory boards and commissions, administrative staff and quasi-judicial decisions.
- Amends the Appearance Commission composition found in Sec. 10.1.5.A.2. for City Council to appoint and designate regular and alternate members when the Appearance Commission is performing the quasi-judicial functions of the Planning Commission.
- Updates numerous sections of the UDO to replace statutory now obsolete references due to the adoption of NCGS. Chapter 160D.
Public Meeting Schedule:
This text change will likely be scheduled for discussion at the Planning Commission in August or September. We will be collecting comments here through August 16, 2021. Comments after this date should be submitted directly to the Planning Commission via email at planning.commission@raleighnc.gov.