2005 North Carolina Code - General Statutes § 122C-403. (See Editor\'s note) Secretary\'s authority over Camp Butner reservation.

§ 122C‑403.  (See Editor's note) Secretary's authority over Camp Butner reservation.

The Secretary shall administer the Camp Butner reservation. In performing this duty, the Secretary has the powers listed below.  In exercising these powers the Secretary has the same authority and is subject to the same restrictions that the governing body of a city would have and would be subject to if the reservation was a city, unless this section provides to the contrary.  The Secretary may:

(1)       Regulate airports on the reservation in accordance with the powers granted in Article 4 of Chapter 63 of the General Statutes.

(2)       Take actions in accordance with the general police power granted in Article 8 of Chapter 160A of the General Statutes.

(3)       Regulate the development of the reservation in accordance with the powers granted in Article 19, Parts 2, 3, 3A, 3B, 5, 6, and 7, of Chapter 160A of the General Statutes. The Secretary may not, however, grant a special use permit, a conditional use permit, or a special exception under Part 3 of that Article.  In addition, the Secretary is not required to notify landowners of zoning classification actions under G.S. 160A‑384, and the protest petition requirements in G.S. 160A‑385, and 160A‑386 do not apply. The Secretary may appoint the Butner Planning Council to act like a Board of Adjustment to make recommendations to the Secretary concerning implementation of plans for the development of the reservation.  When acting as a Board of Adjustment, the Butner Planning Council shall be subject to subsections (b), (c), (d), (f), and (g) of G.S. 160A‑388.

(4)       Establish one or more planning agencies in accordance with the power granted in G.S. 160A‑361 or designate the Butner Planning Council as the planning agency for the reservation.

(5)       Regulate streets, traffic, and parking on the reservation in accordance with the powers granted in Article 15 of Chapter 160A of the General Statutes.

(6)       Control erosion and sedimentation on the reservation in accordance with the powers granted in G.S. 160A‑458 and Article 4 of Chapter 113A of the General Statutes.

(7)       Contract with and undertake agreements with units of local government in accordance with the powers granted in G.S. 160A‑413 and Article 20, Part 1, of Chapter 160A of the General Statutes.

(8)       Regulate floodways on the reservation in accordance with the powers granted in G.S. 160A‑458.1 and Article 21, Part 6, of Chapter 143 of the General Statutes.

(9)       Assign duties given by the statutes listed in the preceding subdivisions to a local official to the Butner Town Manager who shall be hired upon the recommendation of the Butner Planning Council and shall be assigned to the Office of the Secretary of Health and Human Services.  The Butner Planning Council shall submit the names of three candidates for the position of Butner Town Manager to the Secretary of Health and Human Services and the Secretary shall select one of the candidates.  The candidates shall meet the qualifications set by the State Personnel Commission for the position.  The Butner Town Manager shall serve at the pleasure of the Secretary.  The Secretary shall, through the Butner Town Manager, provide all necessary administrative assistance to the council in carrying out its duties.

(10)     Adopt rules to carry out the purposes of this Article. (1949, c. 71, s. 3; 1955, c. 887, s. 1; 1959, c. 1028, s. 4; 1963, c. 1166, s. 10; 1965, c. 933; 1973, c. 476, s. 133; 1985, c. 589, s. 2; 1987, c. 536, s. 2; 1995 (Reg. Sess., 1996), c. 667, s. 3; 1997‑59, s. 5; 1997‑443, s. 11A.118(a).)

 

§ 122C‑403.  (See Editor's note) Secretary's authority over Camp Butner reservation.

The Secretary shall administer the Camp Butner reservation. In performing this duty, the Secretary has the powers listed below. In exercising these powers the Secretary has the same authority and is subject to the same restrictions that the governing body of a city would have and would be subject to if the reservation was a city, unless this section provides to the contrary. The Secretary may:

(1)       Regulate airports on the reservation in accordance with the powers granted in Article 4 of Chapter 63 of the General Statutes.

(2)       Take actions in accordance with the general police power granted in Article 8 of Chapter 160A of the General Statutes.

(3)       Regulate the development of the reservation in accordance with the powers granted in Article 19, Parts 2, 3, 3C, 5, 6, and 7, of Chapter 160A of the General Statutes. The Secretary may not, however, grant a special use permit, a conditional use permit, or a special exception under Part 3 of that Article. In addition, the Secretary is not required to notify landowners of zoning classification actions under G.S. 160A‑384, and the protest petition requirements in G.S. 160A‑385, and 160A‑386 do not apply. The Secretary may designate the Butner Advisory Council to act like a Board of Adjustment to make recommendations to the Secretary concerning implementation of plans for the development of the reservation. When acting as a Board of Adjustment, the Butner Advisory Council shall be subject to subsections (b), (c), (d), (f), and (g) of G.S. 160A‑388.

(4)       Establish one or more planning agencies in accordance with the power granted in G.S. 160A‑361 or designate the Butner Planning Council as the planning agency for the reservation.

(5)       Regulate streets, traffic, and parking on the reservation in accordance with the powers granted in Article 15 of Chapter 160A of the General Statutes.

(6)       Control erosion and sedimentation on the reservation in accordance with the powers granted in G.S. 160A‑458 and Article 4 of Chapter 113A of the General Statutes.

(7)       Contract with and undertake agreements with units of local government in accordance with the powers granted in G.S. 160A‑413 and Article 20, Part 1, of Chapter 160A of the General Statutes.

(8)       Regulate floodways on the reservation in accordance with the powers granted in G.S. 160A‑458.1 and Article 21, Part 6, of Chapter 143 of the General Statutes.

(8a)     Act on resolutions adopted by the council pursuant to G.S. 122C‑413.1(a). If the Secretary approves the resolution, it shall be carried out by the Butner Town Manager. The Secretary shall have no more than 30 days during which to disapprove any recommendation of the council contained in the resolution. Any disapproval shall be in writing, stating the reasons for the disapproval, and shall be returned to the council. If the Secretary does not disapprove a recommendation of the council within the prescribed period, the recommendation shall be deemed approved by the Secretary and shall be carried out by the Butner Town Manager.

(9)       Assign duties given by the statutes listed in the preceding subdivisions to a local official to the Butner Town Manager.

(9a)     Select the Butner Town Manager from the candidates submitted by the council pursuant to G.S. 122C‑413.1(b). The Butner Town Manager shall serve at the pleasure of the Secretary. The Secretary shall, through the Butner Town Manager, provide all necessary administrative assistance to the council in carrying out its duties.

(10)     Adopt rules to carry out the purposes of this Article. (1949, c. 71, s. 3; 1955, c. 887, s. 1; 1959, c. 1028, s. 4; 1963, c. 1166, s. 10; 1965, c. 933; 1973, c. 476, s. 133; 1985, c. 589, s. 2; 1987, c. 536, s. 2; 1995 (Reg. Sess., 1996), c. 667, s. 3; 1997‑59, s. 5; 1997‑443, s. 11A.118(a); 1999‑140, s. 4.)