§ 8.1. Roles and Responsibilities of Boards, Professional Staff and Other Agencies and Committees

The following persons and entities shall have roles in administering the provisions of this Ordinance:

1.

Board of Commissioners.

2.

Planning Board.

3.

Board of Adjustment.

4.

Town Staff, and contracted service providers (including Mecklenburg County's Land Use and Environmental Services Agency ("LUESA"), which includes the Stormwater Administrator and other staff).

5.

Technical Review Committee.

A.

Town Board of Commissioners. The Board of Commissioners has the powers and duties as set forth in applicable laws and ordinances. The Board of Commissioners' primary roles in implementing this UDO are to consider and adopt land use plan(s) and area plan(s), to consider and approve (or not approve) proposed amendments to the text of this UDO and to consider and approve (or not approve) proposed changes to the Zoning Map, including requests for Conditional District rezoning approval. Additionally, the Board of Commissioners shall consider appeals from the Mint Hill Planning Board's decision(s) regarding Site Plan approval(s) for Major Subdivision(s).

B.

Planning Board.

1.

Appointment and Terms of Planning Board Members.

a.

There shall be and is hereby created a Planning Board for the Town of Mint Hill consisting of seven (7) members. Five (5) members shall reside within the Mint Hill town limits and shall be appointed by the Mint Hill Board of Commissioners. Two (2) members shall reside within the extraterritorial planning jurisdiction ("ETJ") and shall be appointed by the Mecklenburg County Board of Commissioners. Said ETJ member shall have the same rights, privileges and duties, including the ability to vote, as other members.

b.

Each member shall serve a two-year term, which shall run from July 1. The terms of the members shall be staggered so that initially three (3) members shall be appointed for a term commencing on July 1 of an even-numbered year and four (4) members shall be appointed for a term commencing on July 1 of an odd-numbered year.

c.

Members may be reappointed for additional successive terms without limitation and, to the degree possible, are expected to complete their term unless a respective successor has been appointed.

d.

Any appointment to fill an unexpired term shall terminate at the time the said term expires except that members appointed to fill an unexpired term may be reappointed to a full term.

e.

All members may participate in and vote on all issues before the board, regardless of whether the issue affects property within the Town or within the ETJ.

2.

Powers and Duties of Planning Board. The Mint Hill Planning Board shall perform the following duties and have the following responsibilities:

a.

Make studies of the Town and surrounding areas, or portions thereof, and determine objectives to be sought in the development of the study area.

b.

Prepare and make recommendations to the Board of Commissioners regarding plans for achieving such objectives.

c.

Develop and recommend policies, ordinances, administrative procedures and other means for carrying out plans in a coordinated and efficient manner.

d.

Advise the Board of Commissioners concerning the use and amendment of means for carrying out plans.

e.

Exercise any functions in the administration and enforcement of various means for carrying out plans that the Board of Commissioners may direct.

f.

Perform such other duties as are granted to the Planning Board by ordinance and perform any related duties that the Board of Commissioners may direct.

g.

Review and approve Site Plans (Preliminary Plats) for Major Subdivisions.

h.

Make recommendations on Conditional District rezoning applications. (Zoning Plans)

The Planning Board may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this Article.

C.

Board of Adjustment.

1.

Appointment and Terms of Board of Adjustment.

a.

There shall be and is hereby established a Board of Adjustment for the Town of Mint Hill consisting of seven (7) regular members and two (2) alternates. Five (5) of the regular members shall reside within the Mint Hill town limits and shall be appointed by the Mint Hill Board of Commissioners. Two (2) of the regular members shall reside within the ETJ. The Mint Hill Board of Commissioners makes recommendations for appointment of possible ETJ members and the Mecklenburg County Board of Commissioners makes the appointment. One of the alternates shall reside within the Mint Hill town limits and one of the alternates shall reside within the ETJ with both being appointed accordingly.

b.

Each member shall serve for a three-year term, which shall run from January 1. The terms of the members shall be staggered so that initially three (3) members shall be appointed for a term of three (3) years, two (2) members for a term of two (2) years and two (2) members for a term of one year. The two (2) alternate members shall be appointed for a term of three (3) years.

c.

All members may be reappointed for additional successive terms without limitation and, to the degree possible, are expected to complete their term unless a respective successor has been appointed.

d.

Any appointment to fill an unexpired term shall terminate at the time the term expires, except that members appointed to fill an unexpired term may be reappointed to a full term. Alternate members may attend all meetings of the Board of Adjustment but shall serve, participate and vote only in the absence or conflict of interest of one of the seven (7) regular members. During such absence, any alternate member may replace any absent regular member. Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex-parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.

e.

The regular and alternate member from the ETJ shall have the same rights, privileges and duties, including the ability to vote, as other members.

2.

Powers and Duties of the Board of Adjustment. The Board of Adjustment shall have all the powers and duties as authorized by the General Statutes of North Carolina, including the power to issue subpoenas pursuant to G.S. 160A-388(g) and in the manner provided for in this UDO and the adopted rules of procedure. Such powers and duties shall include, but not be restricted to, the following:

a.

Hearing and deciding upon appeals of decisions of the Administrator, as set forth in Article 9.

b.

Hearing and deciding upon requests for variances from the provisions of this Ordinance, as set forth in Article 9.

c.

Hearing and deciding interpretations of the Official Zoning Map as set forth in Article 9.

The Board of Adjustment may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this Article.

D.

Town Staff (Administrator).

1.

Administration. The provisions of this Ordinance shall be administered and enforced by Unified Development Ordinance Administrator ("Administrator") and any other Town staff designated by the Town Manager for the administration of this Ordinance. The Administrator shall be the Planning Director for the Town unless otherwise designated by the Board of Commissioners. The Administrator may correct typographical errors, numerical reference errors, spelling errors and errors in section or page numbering and may make other nonsubstantive editorial changes to the text of this Ordinance without formal adoption by the Board of Commissioners, provided that the changes necessary to correct such errors do not change the meaning of the Ordinance.

Delegation of Authority. Any act authorized by this Ordinance to be carried out by the Administrator may be carried out by his or her designee, including contracted service providers such as LUESA.

2.

Mecklenburg County. Mecklenburg County's Land Use and Environmental Services Agency (LUESA) may act as the Town's agent for specific review and approval functions pursuant to an inter-local agreement with the Town under this Ordinance. When acting as the Town's agent, LUESA shall have the same approval and enforcement authority as the Town or the Administrator under this Ordinance. For example, as of the date of the adoption of this Ordinance, LUESA is authorized to provide the following services and/or fulfill the following obligations, including, but not limited to:

a.

Engineering review of Sketch Plans, Zoning Plans, Site Plans, Preliminary Subdivision Plats, Traffic Impact Studies and review and acceptance of Bonds.

b.

Code Enforcement review of all plans, drawings and/or schematics and final work for: building, mechanical, electrical, plumbing, fire safety and additional trades as may be authorized by the Town.

c.

Subject to prior Town approval, LUESA may issue the following permits, including, but not limited to: Land Development Permits, Building Permits, Sign Permits, and Change of Use Permits.

E.

Technical Review Committee.

1.

In connection with its review of Sketch Plans, Zoning Plans and Site Plans, the staff may elect to convene a Technical Review Committee ("TRC") to assist in such reviews either in a formal meeting or informally communicating with individual members of a TRC. The TRC operates in an advisory capacity and has no decision making authority. The TRC will assist staff as requested to make recommendations that:

a.

identify where an application is not in compliance with this Ordinance and/or other legal requirements; and

b.

bring an application into compliance with this Ordinance and/or other legal requirements; and/or

c.

fall outside the scope of the requirements of this Ordinance and/or other legal requirements, but which nevertheless may enhance a proposed development project.

2.

The TRC may be comprised of representatives from the following departments (to be appointed by the Town Manager or the agency department head as necessary):

a.

Town of Mint Hill Planning Department;

b.

Town of Mint Hill Public Works Department;

c.

LUESA;

d.

NCDOT.

e.

Others as reasonably determined by the Town staff.

3.

Reserved.

4.

The TRC may review all Sketch Plans, Zoning Plans, Site Plans (including Preliminary Plats). Some plans may be required to be re-reviewed by the TRC after a public hearing, if a public hearing is required for a particular type of application.

(Ord. No. 598, 4-14-2011; Ord. No. 633, 3-14-2013)

State law reference

Planning board, G.S. 160A-361; board of adjustment, G.S. 160A-388.