GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	2 

HOUSE BILL 682
Committee Substitute Favorable 5/3/95

Short Title:  Orange Omnibus.	(Local)

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Sponsors:

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Referred to: 

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March 30, 1995

A BILL TO BE ENTITLED
AN ACT MAKING FURTHER SUNDRY AMENDMENTS CONCERNING LOCAL GOVERNMENTS IN ORANGE COUNTY.
The General Assembly of North Carolina enacts:
PART 1. ORANGE COUNTY
NOTICE OF ZONING REGULATION
Section 1. (a)	G.S. 153A-343(b) reads as rewritten:
"(b)	The first class mail notice required under subsection (a) of this section shall not be required in the following situations:
(1)	The total rezoning of all property within the boundaries of a county or a zoning area as defined in G.S. 153A-342 unless rezoning involves zoning of parcels of land to less intense or more restrictive uses.  If rezoning involves zoning of parcels of land to less intense or more restrictive uses, notification to owners of these parcels shall be made by mail in accordance with subsection (a) of this section;
(2)	The zoning is an initial zoning of the entire zoning jurisdiction area;
(3)	The zoning reclassification action directly affects more than 50 properties, owned by a total of at least 50 different property owners;
(4)	The reclassification is an amendment to the zoning text; or
(5)	The county is adopting a water supply watershed protection program as required by G.S. 143-214.5.
In any case where this subsection eliminates the notice required by subsection (a) of this section, a county shall publish once a week for four successive calendar weeks in a newspaper having general circulation in the area maps showing the boundaries of the area affected by the proposed ordinance or amendment.  The map shall not be less than one-half of a newspaper page in size.  The notice shall only be effective for property owners who reside in the area of general circulation of the newspaper which publishes the notice.  Property owners who reside outside of the county's jurisdiction or outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified by mail pursuant to this section.  In any case where this subsection eliminates the notice required by subsection (a) of this section, a county need not publish once a week for four successive weeks the area maps required in this subsection if the procedures adopted pursuant to subsection (a) of this section provide for the first class mail notice required in subsection (a) of this section in all cases, including those for which first class mail is not required under this subsection.  The person or persons mailing the notices shall certify to the board of commissioners that fact, and the certificates shall be deemed conclusive in the absence of fraud. In addition to the published notice, a county shall post one or more prominent signs immediately adjacent to the subject area reasonably calculated to give public notice of the proposed rezoning."
(b)	This section applies to Orange County only.
ENFORCE ORDINANCES BY ALTERNATIVE REMEDIES
Sec. 2.  (a)	G.S. 153A-123(f) reads as rewritten:
"(f)	Subject to the express terms of the ordinance, a county ordinance may be enforced by any one or more of the remedies authorized by this section.  Each of these remedies may be pursued by a county alternatively, in the same action or in independent actions against an ordinance violator.  It is not a defense to an action by a county to enforce an ordinance by one of the remedies authorized by this section that there is a separate action pending or completed involving the same subject matter and one or more of the same parties so long as a subsequent action pursuing an alternative remedy involves a different incident that is a violation of the ordinance from the incident or incidents that is or that are the violation alleged in the pending or completed action."
(b)	This section applies to Orange County only.
PART 2.  TOWN OF CHAPEL HILL
POSSESSION OF ALCOHOL
Sec. 3. (a)	G.S. 18B-300(c) reads as rewritten:
"(c)	Local Ordinance. – A city or county may by ordinance:
(1)	Regulate the consumption of malt beverages and unfortified wine on the public streets in that city or county and on property owned or occupied by that city or county;
(2)	Regulate or prohibit the possession of open containers of malt beverages and unfortified wine on public streets in that city or county and on property owned or occupied by that city or county; and
(3)	Regulate or prohibit the possession of malt beverages and unfortified wine on public streets, alleys, or parking lots which are temporarily closed to regular traffic for street fairs or other special events."
(b)	This section applies only to the Town of Chapel Hill.
FILLING OF CERTAIN VACANCIES
Sec. 4.  Section 2.4(2) (Section 2.3(2) under local revision pursuant to G.S. 160A-496) of the Charter of the Town of Chapel Hill, being Chapter 473, Session Laws of 1975, as amended by Section 1(2), Chapter 693, Session Laws of 1979, and as rewritten by Chapter 1107 of the Session Laws of 1979 reads as rewritten:
"(2)	A vacancy occurring on the council, which occurs during the period beginning with the first day of the four year term of office and ending three days before the end of the filing period for that office as provided by the General Statutes shall be filled by appointment of the town council only until the next general municipal election at which time a member shall be elected to the remainder of said unexpired term.  The candidate receiving the fifth highest number of votes (and if necessary the 6th, 7th and 8th highest number) following those elected for full four-year terms, shall be declared elected for the remainder of the unexpired term.  A vacancy occurring on the council, which occurs at any other time shall be filled by appointment of the town council for the remainder of the unexpired term."
PART 3.  TOWN OF CARRBORO
WAIVER OF PERFORMANCE BOND
Sec. 5.  The Charter of the Town of Carrboro, being Chapter 476 of the Session Laws of 1987, is amended by adding a new section to read:
"Section 3-5.  Performance and Payment Bonds for Construction Contracts.
G.S. 44A-26(a)	does not apply to the Town of Carrboro to the extent that it requires performance and payment bonds for construction contracts in excess of fifteen thousand dollars ($15,000).  However, the Town shall be bound by the provisions of G.S. 143-129 relating to performance and payment bonds or equivalent security for construction contracts, and the Town may require such bonds or equivalent security for construction contracts of any amount."
Sec. 6.  This act is effective upon ratification.