A BILL TO BE ENTITLED
AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF HOLLY SPRINGS.
The General Assembly of North Carolina enacts:
SECTION 1.  The Charter of the Town of Holly Springs is revised and consolidated to read as follows:
"CHARTER OF THE TOWN OF holly springs.
"ARTICLE I. INCORPORATION, CORPORATE POWERS, AND BOUNDARIES.
"Section 1.1. Incorporation. The Town of Holly Springs and the inhabitants thereof shall continue to be a municipal body politic and corporate under the name of the 'Town of Holly Springs', hereinafter at times referred to as the 'Town'.
"Section 1.2. Powers. The Town shall have and may exercise all of the powers, duties, rights, privileges, and immunities conferred upon the Town of Holly Springs specifically by this Charter or upon municipal corporations by general law. The term 'general law' is employed herein as defined in G.S. 160A‑1.
"Section 1.3. Corporate Limits. The corporate limits shall be those existing at the time of ratification of this Charter, as set forth on the official map of the Town and as they may be altered from time to time in accordance with law. An official map of the Town, showing the current municipal boundaries, shall be maintained permanently in the office of the Town Clerk and shall be available for public inspection. Upon alteration of the corporate limits pursuant to law, the appropriate changes to the official map shall be made and copies shall be filed in the office of the Secretary of State, the Wake County Register of Deeds, and the appropriate board of elections.
"ARTICLE II. GOVERNING BODY.
"Section 2.1. Town Governing Body. The Board of Commissioners, hereinafter referred to as the 'Board', and the Mayor shall be the governing body of the Town.
"Section 2.2. Board of Commissioners; Composition; Terms of Office. The Board shall be composed of five members, to be elected by all the qualified voters of the Town, for staggered terms of four years and until their successors are elected and qualified.
"Section 2.3. Mayor; Term of Office; Duties. The Mayor shall be elected by all the qualified voters of the Town for a term of four years and until a successor is elected and qualified. The Mayor shall be the official head of the Town government and shall preside at meetings of the Board. The Mayor shall have the right to vote only when there is an equal division on any question or matter before the Board and shall exercise the powers and duties conferred by law or as directed by the Board.
"Section 2.4. Mayor Pro Tempore. In accordance with general law, the Board shall elect one of its members to act as Mayor Pro Tempore to perform the duties of the Mayor during his or her absence or disability.
"Section 2.5. Meetings. In accordance with general law, the Board shall establish a suitable time and place for its regular meetings. Special and emergency meetings may be held as provided by general law.
"Section 2.6. Quorum; Voting. Official actions of the Board and all votes shall be taken in accordance with the applicable provisions of general law, particularly G.S. 160A‑75. The quorum provisions of G.S. 160A‑74 shall apply.
"Section 2.7. Compensation; Qualifications for Office; Vacancies. The compensation and qualifications of the Mayor and Commissioners shall be in accordance with general law.
"ARTICLE III. ELECTIONS.
"Section 3.1. Regular Municipal Elections. Regular municipal elections shall be held in each odd‑numbered year in accordance with the uniform municipal election laws of North Carolina. Elections shall be conducted on a nonpartisan basis and the results determined by a plurality as provided in G.S. 163‑292.
"Section 3.2. Election of Mayor. At the regular municipal election in 2005, and quadrennially thereafter, a Mayor shall be elected to serve a term of four years.
"Section 3.3. Election of Commissioners. At the regular municipal election in 2003, and quadrennially thereafter, two Commissioners shall be elected to four‑year terms. At the regular municipal election in 2005, and quadrennially thereafter, three Commissioners shall be elected to four‑year terms.
"Section 3.4. Special Elections and Referenda. Special elections and referenda may be held only as provided by general law or applicable local acts of the General Assembly.
"ARTICLE IV. ORGANIZATION AND ADMINISTRATION.
"Section 4.1. Form of Government. The Town shall operate under the council‑manager form of government as provided in Part 2 of Article 7 of Chapter 160A of the General Statutes.
"Section 4.2. Town Attorney. The Board shall appoint a Town Attorney licensed to practice law in North Carolina. It shall be the duty of the Town Attorney to represent the Town, advise Town officials, and perform other duties required by law or as the Board may direct.
"Section 4.3. Town Clerk. The Board shall appoint a Town Clerk to keep a journal of the proceedings of the Board, to maintain official records and documents, to give notice of meetings, and to perform such other duties required by law or as the Board may direct.
"Section 4.4. Tax Collector. The Board shall appoint a Tax Collector to collect all taxes owed to the Town and perform those duties specified in G.S. 105‑350 and such other duties as prescribed by law or assigned by the Board.
"Section 4.5. Other Administrative Officers and Employees. The Board may authorize other positions to be filled by appointment and may organize the Town government as deemed appropriate, subject to the requirements of general law.
"ARTICLE V. MISCELLANEOUS POWERS.
"Section 5.1. Tree Ordinances. 
(a)	The Town may adopt ordinances to regulate the removal and preservation of existing trees and shrubs prior to development within a perimeter buffer zone of up to 50 feet along public roadways and property boundaries adjacent to developed properties and up to 25 feet along property boundaries adjacent to undeveloped properties.
(b)	Ordinances adopted pursuant to this section shall:
(1)	Provide that the required buffer area shall not exceed twenty percent (20%) of the area of the tract, net of public road rights‑of‑way and any required conservation easements.
(2)	Provide that buffer zones that adjoin public roadways shall be measured from the edge of the public road right‑of‑way.
(3)	Provide that tracts of two acres or less, net of public road rights‑of‑way, that are zoned for single‑family residential use are exempt from the requirements of the ordinances.
(4)	Provide that the ordinances are limited to situations where undeveloped property is planned or zoned in accordance with adopted municipal plans and zoning regulations.
(5)	Provide that a survey of individual trees is not required.
(6)	Include reasonable provisions for access onto and within the subject property.
(7)	Exclude normal forestry activities on property taxed under the present‑use value standard or conducted pursuant to a forestry management plan prepared or approved by a forester registered pursuant to Chapter 89B of the General Statutes. However, for such properties, a municipality may deny a building permit or refuse to approve a site or subdivision plan for a period of three years following completion of the harvest if all or substantially all of the perimeter buffer trees that should have been protected were removed from the tract of land for which the permit or plan approval is sought. A municipality may deny a permit or refuse to approve a site or subdivision plan for a period of two years if the owner replants the buffer area within 120 days of harvest with plant material that is consistent with buffer areas required under the municipality's ordinances.
(c)	Before adopting an ordinance under this section, the governing board of the municipality shall hold a public hearing on the proposed ordinance. Notice of the public hearing shall be given in accordance with G.S. 160A‑364.
(d)	Nothing in this section shall be construed to limit or be limited by any other existing laws or ordinances.
(e)	This section applies to the Town and to property located within the Town's corporate limits and extraterritorial planning jurisdiction under Article 19 of Chapter 160A of the General Statutes.
(f)	This section becomes effective January 1, 2004."
SECTION 2.  The purpose of this act is to revise the Charter of the Town of Holly Springs and to consolidate herein certain acts concerning the property, affairs, and government of the Town.
SECTION 3.  The following acts or portions of acts, having served the purposes for which they were enacted, or having been consolidated into this act, are hereby repealed:
Chapter 110, Session Laws of 1951
Chapter 121, Session Laws of 1953
Chapter 495, Session Laws of 1971
Chapter 331, Session Laws of 1985
Chapter 382, Session Laws of 1985
Chapter 941, Session Laws of 1985.
SECTION 4.  No provision of this act is intended, nor shall be construed, to affect in any way any rights or interests (whether public or private):
(1)	Now vested or accrued, in whole or in part, the validity of which might be sustained or preserved by reference to any provisions of law repealed by this act.
(2)	Derived from, or which might be sustained or preserved in reliance upon, action heretofore taken pursuant to or within the scope of any provisions of law repealed by this act.
SECTION 5.  No law heretofore repealed expressly or by implication, and no law granting authority which has been exhausted, shall be revived by:
(1)	The repeal herein of any act repealing such law, or
(2)	Any provision of this act that disclaims an intention to repeal or affect enumerated or designated laws.
SECTION 6.  All existing ordinances and resolutions of the Town of Holly Springs and all existing rules or regulations of departments or agencies of the Town of Holly Springs not inconsistent with the provisions of this act shall continue in full force and effect until repealed, modified, or amended.
SECTION 7.  No action or proceeding of any nature (whether civil or criminal, judicial or administrative, or otherwise) pending at the effective date of this act by or against the Town of Holly Springs or any of its departments or agencies shall be abated or otherwise affected by the adoption of this act.
SECTION 8.  If any part of this act or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
SECTION 9.  Whenever a reference is made in this act to a particular provision of the General Statutes and such provision is later amended, repealed, or superceded, the reference shall be deemed amended to refer to the amended General Statute or to the General Statute that most nearly corresponds to the statutory provision amended, repealed, or superceded.
SECTION 10.  This act is effective when it becomes law.