AGENDA #5b

memorandum

to:

Mayor and Town Council

from:

Ralph D. Karpinos, Town Attorney

subject:

Response to Preservation Society Petition on Protection of Historic Structure

date:

June 27, 2007

PURPOSE

The purpose of this report is to respond to the petition from the Preservation Society of Chapel Hill asking the Town to enact an ordinance similar to that enacted by the Town of Apex to help protect historic structures.

BACKGROUND

On June 11, the Preservation Society presented a petition (Attachment 1) asking the Council to consider an ordinance similar to one enacted by the Town of Apex that delays acceptance of a development application for four years on any lot on which a historic structure has been demolished.

DISCUSSION

The Apex Ordinance, included in the attached petition, was enacted by the Town of Apex in July 2003, following passage by the General Assembly of a local act, Session Law 2003-88, in May 2003, authorizing the Town of Apex to further regulate and protect historic structures. 

The Town would need additional legislative authority to enact an ordinance similar to that enacted by the Town of Apex

RECOMMENDATION

We recommend that this matter be considered for inclusion in the Town’s legislative agenda for the 2008 Session of the North Carolina General Assembly.

ATTACHMENTS

1.      Agenda #3a(3), June 11 Council Agenda (p. 2).