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HomeMy WebLinkAboutORD-1994-013 Historic Preservation Ordinance Amendment to include procedures for reviewing proposed nominations to the National Register of Historic Places 7 • PROPOSED ORDINANCE AMENDMENT [DRAFT] REFERENCE: HISTORIC PRESERVATION ORDINANCE ARTICLE 4. (NEW) Procedures for Reviewing Proposed Nominations to the National Register of Historic Places ORIGIN OF AMENDMENT: X Staff Planning Board BOCC Public Other: EXPECTED PUBLIC HEARING DATE: May 23, 1994 Purpose of Amendment: The amendments proposed are technical in nature and include procedures for review of proposed nominations to the National Register of Historic Places. Impacts/Issues: In March 1993, Orange County's application for Certified Local Government status was approved by the State Historic Preservation Office. Subsequently the County entered into a Certification Agreement with the North Carolina Department of Cultural Resources (See attachment) . The Agreement sets forth the responsibilities of each agency in the operation of Orange County as a Certified Local Government. Part II of the Agreement describes how the County and the State Historic Preservation Office review proposed nominations to the National Register of Historic Places. Much of the language of the proposed amendment follows that of Part II of the Certification Agreement. The current Historic Preservation Ordinance includes procedures for designating historic districts and landmarks. The requirements proposed for the notification and public hearing , on National Register nominations are the same as those adopted for districts and landmarks. The existing Articles 4 and 5 will be renumbered for consistency. EXISTING ORDINANCE TEXT: None. PROPOSED TEXT: Article 4. Procedures for Reviewing Proposed Nominations to the National Register of Historic Places Nominations to the National Register of Historic Places must be reviewed by the North Carolina National Register Advisory Committee with final approval by the National Park Service. The procedures contained in this Article must be followed by Orange C7 _ 8 County before a proposed nomination may be forwarded to the State. Section 4.1 Study List Status Required Before a formal nomination to the National Register may be presented, the North Carolina National Register Advisory Committee must determine if a site or district is potentially eligible and place it on the Study List. Once a site is on the Study List, a nomination may be prepared in the form prescribed by the National Park Service under the supervision of the State Historic Preservation Office. Section 4.2 Review of Proposed National Register Nominations Once the nomination is determined to be complete and accurate by the State Historic Preservation Office, the County will be notified by the State within thirty (30) days of acceptance of the nomination and at least sixty (60 ) days prior to consideration of the nomination by the North Carolina National Register Advisory Committee. Within sixty (60) days of receipt of the notice and the nomination, the Board of County Commissioners and the Historic Preservation Commission shall each notify the State Historic Preservation Office and the applicant of its opinion concerning the nomination. Failure to notify the State within sixty (60) days shall constitute an approval of the nomination. Section 4.3 Public Hearing and Notice Thereof During the 60-day review period, the Historic Preservation Commission shall implement the following measures to provide reasonable opportunity for public comment: 1. The Historic Preservation Commission shall hold a public hearing. 2 . Notice of the public hearing shall be published once a week for two successive calendar weeks. The notice shall give the date, time, and place of the public hearing. It shall be published the first time not less than 10 days nor more than 25 days before the date set for the hearing. In computing such period, the day of publication is not to be included; however, the day of the hearing shall be included. 3 . Written notice shall be sent by certified mail to the affected property owner(s) and all adjacent owners not less than 15 days before the hearing date. Adjacent property owners are those whose names and addresses are currently listed in the Orange County tax records and whose property is within 500 feet of the affected property(ies) . DG3 L:\ � � 4 . Comments shall also be solicited from other interested local groups and individuals. Section 4. 4 Commission Action Subsequent to Public Hearing Following the close of the public hearing on the proposed nomination, the Commission shall 1. Forward a recommendation to the Board of Commissioners concerning the nomination; 2 . Notify the applicant and the State Historic Preservation Office regarding its recommendation. If the Commission finds that the nominated resource does not meet the National Register criteria for listing, it must state in writing the reasons why the site or district should not be nominated; and 3 . Submit to the State Historic Preservation Office a record of the measures taken to notify the public and the comments received. Section 4.5 Board Action on the Nomination Within the 60-day deadline prescribed in Section 4 .2, the Board of Commissioners shall receive the recommendation of the Historic Preservation Commission regarding the nomination. The Board shall either: 1. Find that the nominated resource does meet the National Register Criteria for listing; 2 . Find that the nominated site or district does not meet said criteria and state the reason(s) why the resource should not be nominated; or 3. Take no action, which constitutes an approval. The Board shall notify the applicant and the State Historic Preservation Office regarding its action on the nomination. Section 4.6 State Action on the Nomination If both the Board of County Commissioners and the Historic Preservation Commission agree that the property is eligible and should be nominated, or if only one makes a negative finding on the nomination,, the State Historic Preservation Officer will place the nomination before the North Carolina National Register Advisory Committee for consideration at the earliest possible quarterly meeting. If both the County Commissioners and the Historic Preservation Commission make negative findings on the nomination, the nomination materials shall be returned to the State. The State shall take no further action unless, within thirty (30) days of the return of the IL Ctt1 IT 10 ► nomination, a written appeal is filed with the State Historic Preservation Office by any interested third party. If such an appeal is filed, the State Historic Preservation Officer shall place the nomination before the National Register Advisory Committee at the earliest possible quarterly meeting. After a nomination is recommended by the National Register Advisory Committee and signed by the State Historic Preservation Officer, the nomination shall be transmitted it to the National Register. The State shall include with its recommendation the comments and opinions of the Board of County Commissioners and the Historic Preservation Commission, together with any appeal which may have been filed. Article 4 S. Certificate of Appropriateness Article 3 6. Remedies and Legal Status Provisions HISTORIC PRESERVATION COMMISSION: 6/7/94 BOCC: