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File #: [21-0761]    Version: 1 Name:
Type: Consent Status: Passed
File created: 9/14/2021 In control: Town Council
On agenda: 10/13/2021 Final action: 10/13/2021
Title: Update Council and Advisory Board Policies and Procedures to Comply with Chapter 160D.
Attachments: 1. Resolution A - Council Procedures Manual, 2. Resolution B - Council Code of Ethics, 3. Resolution C - Advisory Board Policy, 4. Council Questions with Staff Response, 5. Emails From the Public, 6. A RESOLUTION AMENDING THE COUNCIL PROCEDURES MANUAL TO COMPLY WITH NORTH CAROLINA GENERAL STATUTE 160D (2021-10-13/R-3), 7. A RESOLUTION AMENDING THE CODE OF ETHICS FOR THE CHAPEL HILL TOWN COUNCIL TO COMPLY WITH NORTH CAROLINA GENERAL STATUTE 160D (2021-10-13/R-4), 8. A RESOLUTION AMENDING THE ADVISORY BOARD MEMBERSHIP POLICY TO COMPLY WITH NORTH CAROLINA GENERAL STATUTE 160D (2021-10-13/R-5)
Related files: [21-0447]

 

 

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Update Council and Advisory Board Policies and Procedures to Comply with Chapter 160D.

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Staff:

Department:

Colleen Willger, Director

Planning

Corey Liles, Principal Planner

 

Ann Anderson, Town Attorney

Town Attorney’s Office

Gene Poveromo, Code Enforcement Coordinator

Building and Development Services

 

Overview: Chapter 160D of the NC General Statutes was enacted in July 2019, serving as the new enabling legislation for local planning and zoning. The Town Council recently approved amendments to the Town Code of Ordinances, including the Land Use Management Ordinance (LUMO), for compliance with Chapter 160D. Tonight’s item consists of policies and procedures outside of the Town Code that also need updates based on the provisions of Chapter 160D.

 

Recommendation(s):

That the Council adopt Resolutions A, B, and C to update Council and Advisory Board policies and procedures to comply with Chapter 160D.

 

Summary of Updates

Each update listed below is consistent with the provisions of Chapter 160D. Staff finds that the updates are necessary to maintain compliance with State law.

 

A.                     Council Procedures Manual

                     Allow legislative decisions on development regulations (LUMO text amendments and zoning map amendments) to be approved on first reading by a simple majority, rather than requiring two-thirds majority on first reading
G.S. 160D-601 <https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_160d/GS_160d-601.html> and 160A-75 <https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_160a/GS_160a-75.html>

                     Update references to State statute (160D rather than 160A)

 

B.                     Code of Ethics for the Town Council (first adopted on November 22, 2010)

                     Establish conflict of interest policy consistent with State law
G.S. 160D-109 <https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_160d/GS_160d-109.html>

                     Update references to State statute (160D rather than 160A)

 

C.                     Advisory Board Membership Policy

                     Establish conflict of interest policy consistent with State law
G.S. 160D-109 <https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_160d/GS_160d-109.html>

                     Provide representation for the Chapel Hill Extra-Territorial Jurisdiction (ETJ) on the Community Design Commission by converting one Town Resident seat to an ETJ Resident seat
G.S. 160D-307(a) <https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_160d/GS_160d-307.html>

                     Update references to State statute (160D rather than 160A)

 

 

Where is this item in its process?

 

Attachments:

 

Resolution A, Amending the Council Procedures Manual

 

Resolution B, Amending the Code of Ethics for the Town Council

 

Resolution C, Amending the Advisory Board Membership Policy

 

 

 

 

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The Agenda will reflect the text below and/or the motion text will be used during the meeting.

 

presenter

By adopting Resolutions A, B, and C, the Council updates various Council and Advisory Board policies and procedures to comply with Chapter 160D.