NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 753

HOUSE BILL 651

 

 

AN ACT TO REVISE THE CARRBORO TOWN CHARTER TO AUTHORIZE THE CARRBORO BOARD OF ALDERMEN TO MAKE ASSESSMENTS FOR STREET AND SIDEWALK IMPROVEMENTS WITHOUT A PETITION FROM ABUTTING PROPERTY OWNERS, TO MAKE ASSESSMENTS FOR SIDEWALK IMPROVEMENTS WITHOUT A PETITION FROM ABUTTING PROPERTY OWNERS ON CERTAIN STREETS WITHIN THE TOWN'S BUSINESS AND INDUSTRIAL ZONES AND TO CHANGE THE MEMBERSHIP AND VOTING REQUIREMENTS FOR THE BOARD OF ADJUSTMENT.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 660 of the Session Laws of 1969 (The Carrboro Town Charter) is hereby amended by adding a new Section 6.02 as follows:

"Section 6.02. Street Improvements Special Assessments. (a) Under the circumstances specified in subsection (b), the board of aldermen may levy special assessments for street and sidewalk improvements without regard for the petition requirements of G.S. 160A-217. However, except as modified expressly or by necessary implication by this section, all of the other provisions of Article 10 of Chapter 160A (including the preliminary resolution notice and hearing requirements) shall be applicable to assessments made without a petition.

(b)       The board of aldermen may exercise the authority granted in subsection (a) with respect to the following types of streets located within the town:

(1)       unpaved streets that connect two paved streets;

(2)       unpaved extensions of streets that are partially paved; and

(3)       unpaved streets where the board receives a petition for the improvements signed by at least a majority in number of the owners of property to be assessed who reside on that street, who must represent at least a majority of all the lineal feet of frontage on the street to be improved that is owned by persons who reside on that street.

(c)       To utilize the authority granted in subsection (a), the assessment resolution passed by the board of aldermen in accordance with G.S. 160A-225 shall include a finding that the proposed project is necessary to protect the public health, safety, or welfare and cannot await a petition filed in accordance with G.S. 160A-217.

(d)       Whenever the authority granted in subsection (a) is used, the board of aldermen shall assess to abutting property owners the same percentage of the cost of the project that, by formally adopted town policy, would be assessed if the project were undertaken pursuant to procedures of G.S. 160A-217. Until amended by ordinance or resolution of the board of aldermen, sixty percent (60%) of the costs shall be assessed to abutting property owners.

(e)       No member of the board of aldermen may vote to exercise the power granted in subsection (a) with respect to a particular project unless he or she has personally inspected the site of the proposed improvements."

Sec. 2. Chapter 660 of the Session Laws of 1969 (The Carrboro Town Charter) is hereby amended by adding a new Section 6.03 as follows:

"Section 6.03. Sidewalk Improvements Assessments in Business Areas. (a)  Under the circumstances specified in subsection (b), the board of aldermen may levy special assessments for sidewalk improvements without regard for the petition requirements of G.S. 160A-217. However, except as modified expressly or by necessary implication by this section, all of the other provisions of Article 10 of Chapter 160A (including the preliminary resolution notice and hearing requirements) shall be applicable to assessments made without a petition.

(b)       The board of aldermen may exercise the authority granted in subsection (a) with respect to those portions of the following streets that are located within the town's business or industrial zoning districts: Main Street, Weaver Street, Greensboro Street and Merritt Mill Road.

(c)       To utilize the authority granted in subsection (a), the assessment resolution passed by the board of aldermen in accordance with G.S. 160A-225 shall include a finding that the proposed project is necessary to protect the public health, safety, or welfare and cannot await a petition filed in accordance with G.S. 160A-217.

(d)       Whenever the authority granted in subsection (a) is used, the board of aldermen shall assess to abutting property owners the same percentage of the cost of the project that, by formally adopted town policy, would be assessed if the project were undertaken by ordinance or resolution of the board of aldermen. Until amended by ordinance or resolution of the board of aldermen, sixty percent (60%) of the costs shall be assessed to abutting property owners.

(e)       No member of the board of aldermen may vote to exercise the power granted in subsection (a) with respect to a particular project unless he or she has personally inspected the site of the proposed improvements."

Sec. 3. Chapter 660 of the Session Laws of 1969 (The Carrboro Town Charter) is hereby amended by rewriting Section 5.84 to read as follows:

"Section 5.84. Zoning Board of Adjustment. The board of aldermen may create a board of adjustment in accordance with the provisions of Article 19 of Chapter 160A of the North Carolina General Statutes. Such board shall be subject to all the provisions of general law except that the board of aldermen may authorize the board of adjustment to decide any matter before it upon a vote of a majority of the members present at a meeting and not excused from voting, so long as a quorum consisting of at least six members is present."

Sec. 4. Section 1 of Chapter 302 of the Session Laws of 1979 is repealed.

Sec. 5. The last three sentences of Section 4 of Chapter 365, Session Laws of 1967 are repealed.

Sec. 6. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 4th day of June, 1979.