§ 113A‑208. Regulation of mountain ridge construction by counties and cities.
(a) Any county or city may adopt, effective not later thanJanuary 1, 1984, and may enforce an ordinance that regulates the constructionof tall buildings or structures on protected mountain ridges by any person. Theordinance may provide for the issuance of permits to construct tall buildingson protected mountain ridges, the conditioning of such permits, and the denialof permits for such construction. Any ordinance adopted hereunder shall bebased upon studies of the mountain ridges within the county, a statement ofobjectives to be sought by the ordinance, and plans for achieving theseobjectives. Any such county ordinance shall apply countywide except asotherwise provided in G.S. 160A‑360, and any such city ordinance shallapply citywide, to construction of tall buildings on protected mountain ridgeswithin the city or county, as the case may be.
A city with a population of 50,000 or more may adopt, prior to January1, 1986, an ordinance eliminating the requirement for an elevation of 3,000feet, as permitted by G.S. 113A‑206(6).
(b) Under the ordinance, permits shall be denied if a permitapplication (and shall be revoked if a project) fails to provide for:
(1) Sewering that meets the requirements of a public wastewaterdisposal system that it discharges into, or that is part of a separate systemthat meets applicable State and federal standards;
(2) A water supply system that is adequate for fire protection,drinking water and other projected system needs; that meets the requirements ofany public water supply system that it interconnects with; and that meets anyapplicable State standards, requirements and approvals;
(3) Compliance with applicable State and local sedimentationcontrol regulations and requirements; and
(4) Adequate consideration to protecting the natural beauty ofthe mountains, as determined by the local governing body.
(c) Permits may be conditioned to insure proper operation, toavoid or mitigate any of the problems or hazards recited in the findings ofG.S. 113A‑207, to protect natural areas or the public health, and toprevent badly designed, unsafe or inappropriate construction.
(d) An ordinance adopted under the authority of this sectionapplies to all protected mountain ridges as defined in G.S. 113A‑206. Acounty or city may apply the ordinance to other mountain ridges within itsjurisdiction if it finds that this application is reasonably necessary toprotect against some or all of the hazards or problems set forth in G.S. 113A‑207.Additionally, a city with a population of 50,000 or more may apply theordinance to other mountain ridges within its extraterritorial planningjurisdiction if it finds that this application is reasonably necessary toprotect against some or all of the hazards or problems set forth in G.S. 113A‑207.
(e) Determinations by the county or city governing board ofheights or elevations under this Article shall be conclusive in the absence offraud. Any county or city that adopts a ridge ordinance under the authority ofthis section or other authority shall send a copy of the ordinance to theSecretary of Environment and Natural Resources.
(f) Any county or city that adopts an ordinance pursuant tothis section must hold a public hearing before adopting the ordinance upon thequestion of adopting the ordinance or of allowing the construction of tallbuildings on protected mountain ridges to be governed by G.S. 113A‑209.The public hearing required by this section shall be held upon at least 10days' notice in a newspaper of general circulation in the unit adopting theordinance. Testimony at the hearing shall be recorded and any and all exhibitsshall be preserved within the custody of the governing body. The testimony andevidence shall be made available for inspection and scrutiny by any person.
(g) Any resident of a county or city that adopted an ordinancepursuant to this section, or of an adjoining county, may bring a civil actionagainst the ordinance‑adopting unit, contesting the ordinance as notmeeting the requirements of this section. If the ordinance is found not to meetall of the requirements of this section, the county or city shall be enjoinedfrom enforcing the ordinance and the provisions of G.S. 113A‑209 shallapply. Nothing in this Article authorizes the State of North Carolina or any ofits agencies to bring a civil action to contest an ordinance, or for aviolation of this Article or of an ordinance adopted pursuant to this Article. (1983, c. 676, s. 1; 1985, c. 713, ss. 2, 4; 1989, c.727, s. 218(78); 1997‑443, s. 11A.119(a).)
§ 113A‑208. Regulation of mountain ridge construction by counties and cities.
(a) Any county or city may adopt, effective not later thanJanuary 1, 1984, and may enforce an ordinance that regulates the constructionof tall buildings or structures on protected mountain ridges by any person. Theordinance may provide for the issuance of permits to construct tall buildingson protected mountain ridges, the conditioning of such permits, and the denialof permits for such construction. Any ordinance adopted hereunder shall bebased upon studies of the mountain ridges within the county, a statement ofobjectives to be sought by the ordinance, and plans for achieving theseobjectives. Any such county ordinance shall apply countywide except asotherwise provided in G.S. 160A‑360, and any such city ordinance shallapply citywide, to construction of tall buildings on protected mountain ridgeswithin the city or county, as the case may be.
A city with a population of 50,000 or more may adopt, prior to January1, 1986, an ordinance eliminating the requirement for an elevation of 3,000feet, as permitted by G.S. 113A‑206(6).
(b) Under the ordinance, permits shall be denied if a permitapplication (and shall be revoked if a project) fails to provide for:
(1) Sewering that meets the requirements of a public wastewaterdisposal system that it discharges into, or that is part of a separate systemthat meets applicable State and federal standards;
(2) A water supply system that is adequate for fire protection,drinking water and other projected system needs; that meets the requirements ofany public water supply system that it interconnects with; and that meets anyapplicable State standards, requirements and approvals;
(3) Compliance with applicable State and local sedimentationcontrol regulations and requirements; and
(4) Adequate consideration to protecting the natural beauty ofthe mountains, as determined by the local governing body.
(c) Permits may be conditioned to insure proper operation, toavoid or mitigate any of the problems or hazards recited in the findings ofG.S. 113A‑207, to protect natural areas or the public health, and toprevent badly designed, unsafe or inappropriate construction.
(d) An ordinance adopted under the authority of this sectionapplies to all protected mountain ridges as defined in G.S. 113A‑206. Acounty or city may apply the ordinance to other mountain ridges within itsjurisdiction if it finds that this application is reasonably necessary toprotect against some or all of the hazards or problems set forth in G.S. 113A‑207.Additionally, a city with a population of 50,000 or more may apply theordinance to other mountain ridges within its extraterritorial planningjurisdiction if it finds that this application is reasonably necessary toprotect against some or all of the hazards or problems set forth in G.S. 113A‑207.
(e) Determinations by the county or city governing board ofheights or elevations under this Article shall be conclusive in the absence offraud. Any county or city that adopts a ridge ordinance under the authority ofthis section or other authority shall send a copy of the ordinance to theSecretary of Environment and Natural Resources.
(f) Any county or city that adopts an ordinance pursuant tothis section must hold a public hearing before adopting the ordinance upon thequestion of adopting the ordinance or of allowing the construction of tallbuildings on protected mountain ridges to be governed by G.S. 113A‑209.The public hearing required by this section shall be held upon at least 10days' notice in a newspaper of general circulation in the unit adopting theordinance. Testimony at the hearing shall be recorded and any and all exhibitsshall be preserved within the custody of the governing body. The testimony andevidence shall be made available for inspection and scrutiny by any person.
(g) Any resident of a county or city that adopted an ordinancepursuant to this section, or of an adjoining county, may bring a civil actionagainst the ordinance‑adopting unit, contesting the ordinance as notmeeting the requirements of this section. If the ordinance is found not to meetall of the requirements of this section, the county or city shall be enjoinedfrom enforcing the ordinance and the provisions of G.S. 113A‑209 shallapply. Nothing in this Article authorizes the State of North Carolina or any ofits agencies to bring a civil action to contest an ordinance, or for aviolation of this Article or of an ordinance adopted pursuant to this Article. (1983, c. 676, s. 1; 1985, c. 713, ss. 2, 4; 1989, c.727, s. 218(78); 1997‑443, s. 11A.119(a).)
§ 113A‑208. Regulation of mountain ridge construction by counties and cities.
(a) Any county or city may adopt, effective not later thanJanuary 1, 1984, and may enforce an ordinance that regulates the constructionof tall buildings or structures on protected mountain ridges by any person. Theordinance may provide for the issuance of permits to construct tall buildingson protected mountain ridges, the conditioning of such permits, and the denialof permits for such construction. Any ordinance adopted hereunder shall bebased upon studies of the mountain ridges within the county, a statement ofobjectives to be sought by the ordinance, and plans for achieving theseobjectives. Any such county ordinance shall apply countywide except asotherwise provided in G.S. 160A‑360, and any such city ordinance shallapply citywide, to construction of tall buildings on protected mountain ridgeswithin the city or county, as the case may be.
A city with a population of 50,000 or more may adopt, prior to January1, 1986, an ordinance eliminating the requirement for an elevation of 3,000feet, as permitted by G.S. 113A‑206(6).
(b) Under the ordinance, permits shall be denied if a permitapplication (and shall be revoked if a project) fails to provide for:
(1) Sewering that meets the requirements of a public wastewaterdisposal system that it discharges into, or that is part of a separate systemthat meets applicable State and federal standards;
(2) A water supply system that is adequate for fire protection,drinking water and other projected system needs; that meets the requirements ofany public water supply system that it interconnects with; and that meets anyapplicable State standards, requirements and approvals;
(3) Compliance with applicable State and local sedimentationcontrol regulations and requirements; and
(4) Adequate consideration to protecting the natural beauty ofthe mountains, as determined by the local governing body.
(c) Permits may be conditioned to insure proper operation, toavoid or mitigate any of the problems or hazards recited in the findings ofG.S. 113A‑207, to protect natural areas or the public health, and toprevent badly designed, unsafe or inappropriate construction.
(d) An ordinance adopted under the authority of this sectionapplies to all protected mountain ridges as defined in G.S. 113A‑206. Acounty or city may apply the ordinance to other mountain ridges within itsjurisdiction if it finds that this application is reasonably necessary toprotect against some or all of the hazards or problems set forth in G.S. 113A‑207.Additionally, a city with a population of 50,000 or more may apply theordinance to other mountain ridges within its extraterritorial planningjurisdiction if it finds that this application is reasonably necessary toprotect against some or all of the hazards or problems set forth in G.S. 113A‑207.
(e) Determinations by the county or city governing board ofheights or elevations under this Article shall be conclusive in the absence offraud. Any county or city that adopts a ridge ordinance under the authority ofthis section or other authority shall send a copy of the ordinance to theSecretary of Environment and Natural Resources.
(f) Any county or city that adopts an ordinance pursuant tothis section must hold a public hearing before adopting the ordinance upon thequestion of adopting the ordinance or of allowing the construction of tallbuildings on protected mountain ridges to be governed by G.S. 113A‑209.The public hearing required by this section shall be held upon at least 10days' notice in a newspaper of general circulation in the unit adopting theordinance. Testimony at the hearing shall be recorded and any and all exhibitsshall be preserved within the custody of the governing body. The testimony andevidence shall be made available for inspection and scrutiny by any person.
(g) Any resident of a county or city that adopted an ordinancepursuant to this section, or of an adjoining county, may bring a civil actionagainst the ordinance‑adopting unit, contesting the ordinance as notmeeting the requirements of this section. If the ordinance is found not to meetall of the requirements of this section, the county or city shall be enjoinedfrom enforcing the ordinance and the provisions of G.S. 113A‑209 shallapply. Nothing in this Article authorizes the State of North Carolina or any ofits agencies to bring a civil action to contest an ordinance, or for aviolation of this Article or of an ordinance adopted pursuant to this Article. (1983, c. 676, s. 1; 1985, c. 713, ss. 2, 4; 1989, c.727, s. 218(78); 1997‑443, s. 11A.119(a).)
