§ 2-226. The historic preservation commission.

(a)

There is hereby established a town historic preservation commission (the "commission") under the authority of G.S. ch. 160A, art. 19, part 3C.

(b)

The commission shall consist of five members appointed by the board of commissioners. All members shall reside within the corporate limits of the town. A majority of the members of the commission shall have demonstrated special interest, experience or education in history, architecture, archaeology or related fields. The commission may appoint advisory bodies and committees as appropriate.

(c)

Members of the commission shall serve terms of four years, except that two of the initial members shall be appointed to initial terms of two years. Terms shall be staggered.

(d)

The powers of the historic preservation commission are as follows:

(1)

Undertake an inventory of properties of historical, prehistorical, architectural and/or cultural significance;

(2)

Recommend to the board of commissioners areas to be designated by ordinance as historic districts and individual structures, buildings, sites, areas or objects to be designated by ordinance as landmarks;

(3)

Recommend to the board of commissioners that designation of any area as an historic district, or part thereof, or designation of any building, structure, site, area or object as a landmark, be revoked or removed for cause;

(4)

Review and act upon proposals for alterations, demolition or new construction within historic districts, or for the alteration or demolition of designated landmarks;

(5)

Conduct an educational program with respect to historic districts and landmarks within its jurisdiction;

(6)

Cooperate with the state, federal and local government in pursuance of the purposes of this division; to offer or request assistance, aid, guidance or advice concerning matters under its purview or of mutual interest. The board of commissioners, or the commission when authorized by the board of commissioners, may contract with the state or the United States, or any agency of either, or with any other organization provided the terms are not inconsistent with state or federal law;

(7)

Enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. However, no member, employee or agent of the commission may enter any private building or structure without express consent of the owner or occupant thereof;

(8)

Prepare and recommend the official adoption of a preservation element as part of the town comprehensive plan;

(9)

Make recommendations to the board of commissioners that the town acquire by any lawful means fee simple or any lesser interest, including options to purchase properties within established districts or any such properties designated as landmarks, to hold, manage, preserve, restore and improve the same, and to exchange or dispose of the property by public or private sale, lease or otherwise, subject to covenants or other legally binding restrictions which will secure appropriate rights of public access and promote the preservation of the property;

(10)

With the permission of the board of commissioners, restore, preserve and operate historic properties; and

(11)

With the permission of the board of commissioners, negotiate at any time with the owner of a building, structure, site, area or object for its acquisition or its preservation when such action is reasonably necessary or appropriate.

(e)

Prior to any official action, the commission shall adopt rules of procedure governing its meetings and the conduct of official business and bylaws governing the appointment of members, terms of office, the election of officers and related matters. A public record shall be kept of the commission's resolutions, proceedings and actions. The commission shall also prepare, adopt and amend as needed principles and guidelines for altering, restoring, moving or demolishing properties designated as landmarks or within historic districts. Said guidelines are not considered a part of this Code or the town's zoning provisions and, as such, do not require planning board review or the board of commissioners' approval before being adopted or amended.

(Ord. of 3-21-2016, § 2, 3-21-2016)