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HomeMy WebLinkAboutRES-2005-014 Orange County's 2005 Legislative Agenda~f S °~ oU.S ~ ~ 1 `~ ~-~-05 ~~ 1 NORTH CAROLINA RESOLUTION REGARDING ORANGE COUNTY LEGISLATIVE MATTERS BE IT RESOLVED by the Board of County Commissioners of Orange County that the Board hereby requests the Senator and Representatives representing Orange County to introduce and support the following legislative matter: 1. AN ACT TO MAKE TECHNICAL CORRECTIONS AND CONFORMING CHANGES TO THE GENERAL STATUTES (Exhibit A); 2. AN ACT TO AUTHORIZE THE REGULATION OF THE REMOVAL OF NATURAL SOUND BARRIERS ADJACENT TO INTERSTATE AND PRIMARY NORTH CAROLINA HIGHWAYS(Exhibit B); 3. AN ACT TO CLARIFY THE EXISTING DELEGATION OF AUTHORITY TO COUNTIES AND TO CONFIRM FLEXIBILITY IN THE EXECUTION OF THOSE DELEGATED AUTHORITIES (Exhibit C). Upon motion of Commissioner seconded by Commissioner the foregoing resolution was adopted this the _~~ day of ~~'~- 2005. I, Donna Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on ~~,~~, 2005 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this ~~ day of 2005. _Q4n~;:-.~bg Clerk to e Boar Commissioners lsg: 005 No 2.doc 2 3 Exhibit A A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL CORRECTIONS AND CONFORMING CHANGES TO THE GENERAL STATUTES The General Assembly of North Carolina enacts: SECTION 1. G.S. 153A-347 reads as rewritten: "§ 153A-347. Part applicable to buildings constructed by the State and its subdivisions; exception. Each provision of this Part is applicable to the erection, construction, and use of buildings and land by the State of North Carolina and its political subdivisions. Notwithstanding the provisions of any general or local law or ordinance, no land owned by the State of North Carolina may be included within ~ e~er~~-~i~tri~~e~ a ~pc~ra~c-4r conditional use district without approval of the Council of E~a~e State or its designate. (1959, c. 1006, s. 1; 1973, c. 822, s. 1; 1985, c. 607, s. 4.) SECTION 2. This act applies only to Orange County. SECTION 3. This act is effective when it becomes law. Exhibit B A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE REGULATION OF THE REMOVAL OF NATURAL SOUND BARRIERS ADJACENT TO INTERSTATE AND PRIMARY NORTH CAROLINA HIGHWAYS The General Assembly of North Carolina enacts: SECTION 1. G.S. ~ 153A-121 reads as rewritten: ~ 153A-121. General ordinance-making power. (a) A county may by ordinance define, regulate, prohibit, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the county; and may define and abate nuisances. (b) This section does not authorize a county to regulate or control vehicular or pedestrian traffic on a street or highway under the control of the Board of Transportation, nor to regulate or control any right- of-way or right-of-passage belonging to a public utility, electric or telephone membership corporation, or public agency of the State. In addition, no county ordinance may regulate or control a highway right-of- way in a manner inconsistent with State law or an ordinance of the Board of Transportation. A county may regulate the cutting of trees located on land adjacent to the right-of-way, and for a distance not to exceed 100 feet perpendicular from the right-of-way, of Interstate highways and primary North Carolina highways under the control of the Board of Transportation. (c) This section does not impair the authority of local boards of health to adopt rules and regulations to protect and promote public health. SECTION 2. This act applies only to Orange County. SECTION 3. This act is effective when it becomes law. 4 Exhibit C A BILL TO BE ENTITLED AN ACT TO CLARIFY THE EXISTING DELEGATION OF AUTHORITY TO COUNTIES AND TO CONFIRM FLEXIBILITY IN THE EXECUTION OF THOSE DELEGATED AUTHORITIES The General Assembly of North Carolina enacts: SECTION 1. G.S. 153A-4 reads as rewritten: ~ 153A-4. Broad construction. It is the policy of the General Assembly that the counties of this State should have adequate authority to exercise the powers, rights, duties, functions, privileges, and immunities conferred upon them by law. T-e~e ^~-t-~i~ p~e~o~s-rears ez t~-i~-~h~~~ ^ r ^ ~' ^-~l-e e-a~-a~c~t~ I t i s t h e intention of the General Assembly that the rule of strict construction known as Dillon's Rule shall not be applied to interpretations of the scope of the delegations of authority to counties. Rather all grants of authority to counties shall be broadly construed and grants of power shall be construed to include any additional and .supplemental powers that are reasonably necessary or expedient to the exercise of the power. Provided, that the exercise of such additional or supplementary powers shall not be contrary to State or federal law or to the public policy of this State. Except where specifically provided otherwise, in carrying out their delegated powers, counties shall have the authority and flexibility to adopt reasonable definitions, procedures, rules, fee schedules, exceptions and exemptions. This section neither expands nor restricts the authority to impose taxes pursuant to Article 7 of this Chapter or to finance public enterprises pursuant to Article 15 of this Chapter. This section neither expands nor restricts the purposes for which regulations may be adopted pursuant to Article 18 of this Chapter. SECTION 2. G.S. 153A-124 reads as rewritten: ~ 153A-124. Enumeration not exclusive. The enumeration in this Article or other portions of this Chapter of specific powers to define, regulate, prohibit, or abate acts, omissions, or conditions is not exclusive, nor is it a limit on the general authority to adopt. ordinances conferred on counties by G.S. 153A-121. Where a county is authorized to regulate, restrict, or 5 6 prohibit acts, omissions, or conditions by this Chapter, by other general law, or by local act, a county may freely elect to use any or all of those authorizations, either individually or in combination, and shall follow the procedures for adoption set forth for those authorities so chosen. SECTION 3. G.S. 153A-322 reads as rewritten: § 153A-322. Supplemental powers. (a) A county or its designated planning agency may accept, receive, and disburse in furtherance of its functions funds, grants, and services made available by the federal government or its .agencies, the State government or its agencies, any local government or its agencies, and private or civic sources. A county, or its designated planning agency with the concurrence of the board of commissioners, may enter into and carry out contracts with the State or federal governments or any agencies of either under which financial or other planning assistance is made available to the county and may agree to and comply with any reasonable conditions that are imposed upon the assistance. (b) A county, or its designated planning agency with the concurrence of the board of commissioners, may enter into and carry out contracts with any other county, city, regional council, or planning agency under which it agrees to furnish technical planning assistance to the other local government or planning agency. A county, or its designated planning agency with the concurrence of the board of commissioners, may enter into and carry out contracts with any other county, city, regional council, or planning agency under which it agrees to pay the other local government or planning agency for technical planning assistance. (c) A county may make any appropriations that may be necessary to carry out an activity or contract authorized by this Article, by Chapter 157A, or by Chapter 160A, Article 19 or to support, and compensate members of, any planning agency that it may create or designate pursuant to this Article. (d) A county may elect to combine any of the ordinances authorized by law into a unified ordinance. Unless expressly provided otherwise, a county may apply any of the definitions and procedures authorized by law to any or all aspects of such a unified ordinance and may employ any organizational structure, board, commission, or staffing arrangement authorized by law to any or all aspects of such ordinance. SECTION 4. This act applies only to Orange County. SECTION 5. This act is effective when it becomes law.