S.L. 1963-477

NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

CHAPTER 477

HOUSE BILL 721

AN ACT CREATING THE HICKORY REGIONAL PLANNING COMMISSION, PROVIDING FOR ITS ORGANIZATION, POWERS AND DUTIES AND CONFERRING UPON THE GOVERNING BODY OF THE CITY OF HICKORY THE POWER AND AUTHORITY TO ADOPT AND ENFORCE ZONING, SUBDIVISION AND OTHER COMPREHENSIVE REGULATIONS, DEFINING THE PLANNING AUTHORITY OF THE TOWNS OF LONGVIEW AND BROOKFORD, FOR THE PURPOSE OF PROMOTING THE ORDERLY GROWTH AND SOUND DEVELOPMENT OF THE HICKORY REGIONAL PLANNING AREA AS DEFINED HEREIN.

The General Assembly of North Carolina do enact:

Section 1. Planning Commission Created; Membership; Terms of Office; Compensation. A Planning Commission for the Hickory Regional Planning area as defined in Section 14 of this Act is hereby created and shall be designated as the "Hickory Regional Planning Commission". The Hickory Regional Planning Commission, hereinafter referred to as the planning commission, shall be composed of eleven members who shall be appointed in the manner and for terms of office as follows: Six members who are residents of the City of Hickory, one of whom shall be from each city ward and who hold no elected office with the city at the time of their appointment shall be appointed by the governing body of the City of Hickory. Two members who are residents of Catawba County residing outside the City of Hickory, the Towns of Longview or Brookford and within the Regional Planning Area as defined in this Act shall be appointed by the County Board of Commissioners of Catawba County. One member who is a resident of Burke County residing within the Regional Planning Area as defined by this Act shall be appointed by the County Board of Commissioners of Burke County, one member who is a resident of the Town of Longview and one member who is a resident of the Town of Brookford shall be appointed by the respective governing bodies of each town.

The County Board of Commissioners of Catawba and Burke Counties, and the governing bodies of the Town of Longview and the Town of Brookford, upon receipt of a written request for appointments to the planning commission from the governing body of the City of Hickory and not later than ninety (90) days from the date of the receipt thereof, shall make their respective appointments to the planning commission in accordance with this Section. In the event the County Board of Commissioners of Catawba or Burke Counties of the governing bodies of the Town of Longview or Brookford fail or refuse to make such appointments after receipt of a written request and within ninety (90) days from the date of the receipt thereof, the governing body of the City of Hickory may proceed to appoint those members to the planning commission which the county boards of commissioners or the municipal governing bodies failed or refused to appoint and such members so appointed shall have all the privileges, rights and duties as other members of the planning commission.

Members of the planning commission shall be appointed for three-year terms; provided, that the members first appointed shall serve for terms as follows: Of the six members first appointed who are residents of the City of Hickory, two members shall be appointed to serve for a term of three (3) years, two members for a term of two (2) years and two members for a term of one (1) year. Of the two members first appointed who are residents of the Regional Planning Area within Catawba County, one member shall be appointed for a term of three (3) years and the other member for a term of one (1) year. The member first appointed who is a resident of the Regional Planning Area within Burke County shall be appointed to serve for a term of two (2) years. The members first appointed from the Town of Longview and the Town of Brookford shall serve for terms of three (3) years. Thereafter, all members of the planning commission shall be appointed to serve for three-year terms. The terms of the members first appointed shall begin at the time of the first meeting of the planning commission after their appointment. Any member shall be eligible for reappointment. A vacancy occurring in the membership of the planning commission shall be filled for the unexpired term in the same manner as set forth herein for regular appointments. All members of the planning commission shall have equal rights, privileges, and duties in all respects whatsoever.

Members of the planning commission shall serve without compensation except commission members may be reimbursed from funds appropriated to the planning commission for necessary travel expenses outside the Regional Planning Area while engaged in the work of the planning commission.

Sec. 2. Organization of the Planning Commission. As soon as practical after their appointment and at the time and place designated by the governing body of the City of Hickory the members of the planning commission first appointed in accordance with Section 1 of this Act shall meet and organize. The planning commission shall elect from among its members a chairman, a vice-chairman and a secretary. The planning commission shall adopt such rules and regulations for the conduct of its business not inconsistent with this Act as it may deem necessary. The planning commission may establish and the chairman shall appoint such committees from its membership as they deem best from time to time. After holding its first organizational meeting, the planning commission shall meet regularly but not less than once each month at such time and place as the planning commission may determine. Special meetings of the commission may be called by the chairman and all members shall be notified in writing at least five (5) days in advance of any such special meeting. Notice of time and place of special meeting may be waived by the members. All meetings of the planning commission shall be open to the public, and a record of the proceedings of all meetings shall be kept in a book provided for this purpose.

Sec. 3. Planning Commission Fiscal Affairs. Funds for the work of the planning commission shall be appropriated in the annual budget of the City of Hickory in amounts that the governing body of the City of Hickory shall from time to time deem best. The planning commission may accept any funds or grants-in-aid made available by the United States Government and its agencies, the State of North Carolina and its agencies, Catawba or Burke Counties, the Town of Longview or the Town of Brookford or from any other public or private source. The governing bodies of the Town of Longview and Brookford and the Boards of Commissioners of Catawba and Burke Counties are hereby authorized to appropriate funds to the Hickory Regional Planning Commission for its use as the commission deems best in the same manner and under the same authority as may now or hereafter be granted to municipalities and counties by law for the appropriation of funds for planning work. All funds received by the commission for its work shall be deposited with the Treasurer of the City of Hickory. Disbursement of funds for the planning commission shall be made in the same manner as other funds are disbursed by the City of Hickory in accordance with its Charter and the Municipal Fiscal Control Act of the State of North Carolina. The planning commission shall not purchase any supplies, materials or equipment, enter into any contract for service or incur any other debt unless funds for such purpose have been appropriated by the governing body of the City of Hickory or furnished from other sources in accordance with this Section. The governing body of the City of Hickory is hereby authorized to appropriate funds from any source for the Hickory Regional Planning Commission for its work anywhere within the planning area as defined in Section 14 of this Act in the same manner as the city is now or may hereafter be authorized by law to appropriate funds for planning purposes within the corporate limits.

Sec. 4. Contracts for Service. The planning commission may enter into and carry out contracts for service which shall include but shall not be limited to the following:

(a) State and Federal Government. The commission may enter into and carry out contracts with the State or Federal Government or any agencies thereof under which said government or agencies grant financial, technical or other assistance. The commission may accept such assistance or funds as may be granted by the State or the Federal Government with or without such a contract, and the commission may agree to and comply with any reasonable conditions which are imposed upon such grants.

(b) County or Municipal Governments. The commission may enter into and carry out contracts with any municipality, county or planning board or boards or other agency thereof under which the commission agrees to compensate such government thereof, planning board or other agency thereof for technical planning assistance rendered. In addition, the commission may enter into and carry out contracts with any municipality, county or planning board or boards or other agency thereof, under which the commission agrees to furnish technical planning assistance to such municipality, county, planning board, or other agency thereof, for or without compensation.

(c) Consultants. The commission may enter into and carry out contracts with planning consultants, engineers and other persons, firms, or organizations for such service as it may deem necessary.

(d) Staff. The commission may make recommendations to the governing body of the City of Hickory concerning a staff or employees needed to conduct the work of the planning commission and all such employees shall be appointed in the same manner as other employees of the City of Hickory and shall be subject to the same rules and regulations which are applicable to all other employees of the city.

Sec. 5. Powers and Duties of Commission. The Hickory Regional Planning Commission shall have authority to make comprehensive studies of the present and future needs of the Hickory Regional Planning Area as defined in Section 14 of this Act and such studies may include but shall not be limited to studies of the physical, social, economic and governmental conditions and trends within the region for the purpose of preparing a plan or plans which will provide for the second growth and orderly development of the Hickory Regional Planning Area that will best promote the health, safety, convenience, prosperity and general welfare of its citizens.

In the conduct of its studies and in the preparation of its plans, the planning commission shall have the duty to co-ordinate its planning activities with the planning activities of the counties, the municipalities and the agencies located within the Regional Planning Area.

The planning commission may adopt a comprehensive plan, plans or parts thereof for the future development of the Regional Planning Area and such plan, plans or parts thereof, when adopted by the planning commission shall be recommended to the governing body of the City of Hickory and other governmental units for adoption or other action necessary to implement such plan or part thereof in accordance with the following Sections of this Act. A plan, plans or parts thereof adopted and recommended by the planning commission may include but shall not be limited to the following:

(a) Zoning Plan. A zoning plan shall include both the full text of a recommended zoning ordinance and a map or maps showing proposed district boundaries. Any zoning plan shall be prepared in accordance with the zoning power and authority which is granted to the governing body of the City of Hickory by Section 6 of this Act, and such recommended zoning plan may propose to regulate the entire Hickory Regional Planning Area as defined by Section 14 of this Act. Provided, however, where the planning commission determines that it is not necessary to zone the entire Regional Planning Area in order to best serve the public interest, the planning commission may after a public hearing designate one or more portions of the Regional Planning Area as a zoning area or areas, and the remainder of the Regional Planning Area need not be regulated. A recommended zoning plan for such area or areas shall conform to the provisions of Section 6 of this Act.

(b) Subdivision Regulations. Subdivision regulations shall include the full text of an ordinance regulating the platting and recording of any subdivision of land within the Hickory Regional Planning Area as defined by Section 14 of this Act. Any recommended subdivision regulations shall be prepared in accordance with the power and authority granted to the governing body of the City of Hickory by Section 7 of this Act.

(c) Major Street and Highway Plan. The major street and highway plan shall include a coordinated plan for the location, construction, extension or improvement of major highways and streets within the Regional Planning Area as defined in this Act. The major street and highway plan shall be based upon appropriate surveys or studies designed to indicate the future vehicular traffic needs of the region or parts thereof and shall be prepared in co-operation with the State Highway Commission and in accordance with the authority granted to the governing body of the City of Hickory by Section 8 of this Act.

(d) Public Facilities Plan. The public facilities plan may include a co-ordinated plan or plans for the development, expansion and extension of public facilities including but not limited to plans for automobile parking facilities, hospitals, governmental services, public utilities, public recreation facilities, flood control, drainage and water pollution control facilities, water resources and public transportation facilities which are deemed important to the development of the entire Regional Planning Area or any part thereof.

The planning commission may from time to time revise, amend, extend or add to a plan or plans or parts thereof and recommend such revision or extension to the governing body of the City of Hickory or other appropriate governmental unit.

Prior to the adoption of any zoning plan, subdivision regulation or other plan or plans or part thereof by the planning commission, the commission shall advertise and conduct at least one public hearing thereon at which all interested persons shall have the opportunity to be heard. Additional public hearings may be held as the planning commission deems best. All public hearings of the commission shall be advertised by publishing a notice once a week for two successive calendar weeks in a local newspaper having general circulation within the Regional Planning Area and said notice shall be published the first time not less than fifteen (15) days prior to the date fixed for said hearing.

Sec. 6. Zoning Authority of the City of Hickory Extended. The governing body of the City of Hickory is hereby empowered and shall have the authority to adopt odinances and regulations governing zoning not only within the corporate limits of the city but throughout the Hickory Regional Planning Area as defined in Section 14 of this Act except within the corporate boundaries of the Town of Brookford and the Town of Longview. This authority granted to the governing body of the City of Hickory shall be an exclusive grant of authority and no other governmental unit shall be authorized to adopt zoning regulations within the Regional Planning Area outside the corporate boundaries of the Town of Longview and the Town of Brookford, other laws to the contrary notwithstanding. This authority herein granted shall be exercised by the City of Hickory subject to the following:

(1) Prior to the adoption of any zoning ordinance, regulation, or amendment thereto for the Regional Planning Area or any part thereof, the governing body shall have first received a recommendation concerning such zoning from the Regional Planning Commission.

(2) The zoning ordinance shall conform to the authority which may now or hereafter be granted to the City of Hickory by its Charter, special Act of the General Assembly, or the General Statutes of North Carolina, including but not being limited to the provisions of Article 14, Chapter 160 of the General Statutes, to the same extent and in accordance with the same method of procedure as is applicable to zoning within the corporate limits of the city.

(3) One or more portions of the Regional Planning Area outside the corporate limits of the City of Hickory, the Town of Longview or the Town of Brookford may be designated as a zoning area or areas. Provided areas so designated shall not be less than six hundred forty (640) acres in size or which contain not less than ten (10) separate tracts of land in separate ownership. Any such zoning area or areas may be regulated in the same manner and in accordance with the same methods of procedure as the entire Regional Planning Area.

(4) At the time the governing body of the City of Hickory adopts a zoning ordinance or regulations for the Regional Planning Area or for one or more portions thereof, the membership of the Board of Adjustment of the City of Hickory shall be increased by adding four additional members who shall be residents of the Regional Planning Area who reside outside the corporate limits of the City of Hickory, the Town of Longview or the Town of Brookford. Three of such additional members shall be residents of Catawba County and the fourth additional member shall be a resident of Burke County. The three additional members from Catawba County shall be appointed by the Board of Commissioners of Catawba County for three-year terms. Provided, that of the members first appointed, one shall be appointed for a two year term and two shall be appointed for a three-year term. The additional member from Burke County first appointed shall be appointed by the Board of Commissioners of Burke County for a two-year term. Thereafter members from Catawba County and Burke County shall be appointed for three-year terms. The terms of office for such additional members shall begin at the first meeting of the Board of Adjustment following their appointment. Vacancies to fill the unexpired term of such additional members shall be filled by the appropriate board of county commissioners in the same manner as other appointments.

In the event the County Board of Commissioners of either Catawba or Burke Counties fails or refuses within ninety (90) days to make such appointments, the governing body of the City of Hickory is hereby authorized to do so in the manner it by ordinance deems best. All additional members of the Board of Adjustment shall have equal rights, privileges and duties with the other members of the board in all matters pertaining to the zoning regulations of any area within the Regional Planning Area outside the corporate limits of the Town of Longview or the Town of Brookford. The concurring vote of six members of such enlarged Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of any administrative official charged with enforcement of ordinances or regulations within the Regional Planning Area.

Sec. 7. City of Hickory Authorized to Adopt Subdivision Regulations Within Regional Planning Area. The governing body of the City of Hickory is hereby authorized to adopt and enforce an ordinance regulating the platting and recording of any subdivision of land within the corporate limits of the city and outside the city within the Regional Planning Area as defined by Section 14 of this Act, except within the corporate limits of the Town of Longview or the Town of Brookford, the provisions of G. S. 160-227.1 or any other law to the contrary notwithstanding. Any subdivision ordinance adopted pursuant to the authority granted by this Section shall conform to the authority granted and the methods of procedure required by Section 160-226 through Section 160-227 inclusive of the North Carolina General Statutes, provided, that the one mile limitation found therein shall not be applicable to the City of Hickory.

In addition to the authority granted by Section 160-226 through Section 160-227 inclusive of the North Carolina General Statutes, the governing body of the City of Hickory is hereby authorized to enact requirements for the construction of community service facilities by property owners within the Regional Planning Area outside the corporate limits of the Town of Longview or the Town of Brookford in accordance with policies and standards of the City of Hickory as a requirement for filing and recording a subdivision plat in compliance with G. S. 160-226.2. Such ordinance may require the posting of bond or such other method as shall offer guarantee of compliance.

The authority granted by this Section shall be an exclusive authority vested in the governing body of the City of Hickory and no other governmental unit shall be authorized to adopt subdivision regulations within the Regional Planning Area as defined by Section 14 of this Act and outside the corporate limits of the Town of Brookford or the Town of Longview other laws to the contrary notwithstanding.

Sec. 8. Authority to Adopt and Implement Major Thoroughfare Plan. The governing body of the City of Hickory is authorized to adopt in cooperation with the North Carolina State Highway Commission a plan for the location, relocation, opening, widening, construction, extension or improvement of major highways and streets which are located in whole or in part anywhere within the Regional Planning Area as defined by Section 14 of this Act except as such may be located within the corporate limits of the Town of Longview or the Town of Brookford.

In exercising the authority granted by this Section, the governing body of the City of Hickory shall have the same authority within the Regional Planning Area outside the corporate limits of the Town of Brookford and the Town of Longview that may now or hereafter be granted to the City by its Charter, special Act of the General Assembly, or the General Statutes of this State, including but not being limited to the provisions of G. S. 136-66.2.

In implementing the authority granted by this Section, the governing body of the City of Hickory shall have additional authority as follows:

(1) Establishment of Proposed Street Lines. (a) Platting of Proposed Street Lines. From and after the time of adoption of a major street plan by the governing body and the State Highway Commission pursuant to provisions of G. S. 136-66.2, the governing body shall have the power to request, make, or cause to be made, from time to time, surveys for the exact locating of the lines of new, extended, widened, or narrowed streets and highways in the whole or any portion of the city and within the Regional Planning Area outside the corporate limits of the Town of Brookford or the Town of Longview. Personnel making such surveys are empowered to enter upon lands, make examinations or surveys, and place and maintain necessary monuments thereon, at reasonable times and with due care for the property. A plat or plats of the area or areas thus surveyed shall be prepared on which are indicated the locations of the lines recommended as the planned or mapped lines of future streets, street extensions, street widenings, or street narrowings. The preparation of such plat or plats shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes.

(b) Adoption of Official Map; Hearing; Notice. Following the preparation of such plats, the governing body may officially adopt a map or maps of planned new streets and highways, extensions, widenings, or narrowings, or vacations of streets within the city and within the Regional Planning Area outside the corporate limits of the Town of Longview and the Town of Brookford. Before taking any such action, the council shall hold a public hearing thereon, notice of the time and place of which shall have been given once a week for two successive weeks in a newspaper published in the city and having general circulation in the Regional Planning Area. Said notice shall be published for the first time not less than fifteen (15) days prior to the date fixed for said hearing. Following adoption of such a map or maps, the council shall certify a copy to the Register of Deeds of Catawba or Burke County, whichever is appropriate, which copy shall be duly filed. The placing of any street or street line upon any official map or maps shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes.

(c) Right of City to Acquire Property Before Improvement. From and after the time of adoption and certification to the register of deeds of any such map or maps, it shall be unlawful to build upon any land within the lines of proposed streets shown thereon or to repair or otherwise improve any existing buildings within said lines until the governing body shall have been given an opportunity to purchase or otherwise acquire said property for street purposes as provided by this Section. To that end, any person proposing to build upon such land or to make repairs or improvements to any existing building on such land shall, in writing, notify the governing body of the nature and estimated cost of such building, repairs, or improvements. The governing body shall then determine whether it will take the necesary steps to acquire said land prior to construction of said building or the making of said repairs or improvements. If the council fails, within sixty (60) days from the receipt of such notice, to acquire, adopt a formal resolution directing an appropriate officer to acquire, or institute condemnation proceedings to acquire said property, then the owner or other person giving notice may proceed to erect the building or to make the repairs or improvements described in said notice. The building inspector is authorized to withhold and refrain from issuing, for a period not exceeding sixty (60) days from receipt by the governing body of the notice herein prescribed, any building permit for the erection of any building within the said lines, or for the making of any repairs or improvements to existing buildings within said lines.

(d) Failure to Give Notice Bars Recovery for Value of Improvements. If any person, firm, or corporation builds upon any land included within said proposed street lines, or repairs or otherwise improves that part of any existing building within said lines, without giving the governing body an opportunity to acquire said property free from improvements, as provided in paragraph (c) of this Section, the governing body shall not be required to pay for the value of said building, repairs, or improvements in any proceeding subsequently brought to acquire the land for the purpose shown on the officially adopted map or maps.

(e) Failure of City to Act No Limit to Subsequent Condemnation. The failure of the governing body to take action under paragraph (e) of this Section within sixty (60) days after notice shall not have the effect of limiting the right of the governing body at any subsequent time to condemn the same. In such case, however, the owner shall be entitled to full compensation as now provided by law for the building, repairs, or improvements made after the failure of the council to take action within the prescribed period.

(2) Acquisition of Rights of Way. From and after the time of adoption of a major highway or street plan, pursuant to the provisions of G. S. 136-66.2 the governing body shall be vested with the same power and authority to acquire street or highway rights of way anywhere within the Regional Planning Area as defined by Section 14 of this Act, except within the corporate limits of the Town of Longview or the Town of Brookford as is granted to the North Carolina State Highway Commission in Chapter 136 of the General Statutes. In addition, authority is hereby granted to the city council to appropriate funds to be used outside the corporate limits and within the Regional Planning Area for this purpose.

(3) Controlled Access Facilities. From and after the time of adoption of a major highway or street plan, pursuant to the provisions of G. S. 136-66.2 the city council shall be vested with the same power and authority to establish controlled access facilities anywhere within the Regional Planning Area as defined by Section 14 of this Act, except within the corporate limits of the Town of Brookford or the Town of Longview as is granted to the State Highway Commission in Article 6D, Chapter 136 of the General Statutes.

Sec. 9. City of Hickory Authorized to Adopt Building and Other Regulatory Codes. The governing body of the City of Hickory is hereby authorized to adopt a building code, plumbing code, electrical code, and other similar regulatory codes not only for the area within the corporate limits but also within the Regional Planning Area as defined by Section 14 of this Act except within the corporate boundaries of the Town of Brookford and the Town of Longview. Provided, however, the governing body shall not have the authority granted by this Section to adopt regulatory codes for the area outside the corporate limits within Catawba County if the county board of commissioners has previously adopted such code or within Burke County if that county has previously adopted such regulatory code and if the boards of county commissioners of the respective counties shall not give their written permission.

Sec. 10. Adoption of Other Plans Authorized. The governing body of the City of Hickory is hereby authorized to adopt other plans consistent with the intent and purpose of this Act and not inconsistent with the Charter of the City of Hickory or other special or general law of the State applicable to the planning and orderly growth of the City of Hickory.

Sec. 11. City Authorized to Enforce Regulations Within Regional Planning Area. The governing body of the City of Hickory is hereby authorized and empowered to enforce any regulations adopted by ordinance pursuant to the authority granted by this Act within the Hickory Regional Planning Area as defined by Section 14 of this Act except within the corporate boundaries of the Town of Longview and the Town of Brookford in the same manner as the city may now or hereafter be authorized to enforce such zoning or subdivision, ordinance, street plan, building code, or other regulation within the corporate limits of the city. This authority shall include the authority to require a permit prior to the construction, reconstruction or alteration of any building or structure and to fix a schedule of fees therefor. In addition, the administrative officer of the City of Hickory designated by the governing body to enforce any ordinance or regulation outside the corporate limits and within the Regional Planning Area shall have the same power and authority in the performance of this duty outside the city that he may now or hereafter be vested with in performance of the same duties within the corporate boundaries of the city.

In addition, the authority granted by this Section may be exercised by the City of Hickory within the corporate boundaries of the Town of Longview or the Town of Brookford if a written agreement authorizing such enforcement is entered into in accordance with the requirements of Section 13 of this Act.

Sec. 12. Planning Authority of Longview and Brookford Defined. The governing bodies of the Town of Longview and the Town of Brookford shall continue to have within their respective corporate limits, as may now or hereafter be fixed, the same power and authority to prepare, adopt, or enforce any planning, zoning, subdivision, street or thoroughfare plan or ordinance, building or other regulatory code which said town may now or hereafter be granted by its Charter, special Act of the General Assembly, or the General Statutes of North Carolina. Provided, any authority which may now or hereafter be granted to the Towns of Longview or Brookford for any area outside the corporate boundaries of either town shall not be exercised where such authority conflicts with the provisions of this Act. In addition, the governing bodies of the Town of Longview and the Town of Brookford shall have the same authority within the corporate boundaries as is granted to the City of Hickory by Section 7 and Section 8 of this Act. Provided, this authority may be exercised only in conjunction with and as part of a plan or plans recommended by the Regional Planning Commission and adopted by the governing body of the City of Hickory.

In exercising their authority within the corporate boundaries, the governing bodies of the Town of Longview and the Town of Brookford are hereby authorized to appoint by ordinance the Hickory Regional Planning Commission as the planning commission for the Town of Longview or the Town of Brookford in lieu of the creation and appointment of a planning board as provided for in G. S. 160-22 or in lieu of the creation and appointment of a zoning commission as required by G. S. 160-177. In addition, the governing bodies of the Town of Longview and the Town of Brookford are hereby authorized to receive, approve, adopt, or reject any recommended plan, ordinance, or other recommendation made by the Regional Planning Commission in the same manner and under the same method of procedure as may now or hereafter be authorized by law just as if such recommendation were received from a planning board or zoning commission created and appointed by the governing body of the towns herein named. Any planning board or zoning commission now or hereafter created for the Town of Longview or the Town of Brookford may continue to function as provided by law or may be dissolved by ordinance in the discretion of the governing bodies of said towns. Planning boards or zoning commissions which may now exist or hereafter be created for said towns shall have the authority to receive recommendations from the Hickory Regional Planning Commission and may approve, modify, or reject such recommendations and may in their discretion further recommend such proposal or part thereof to the governing body.

Provided, however, that in the event a zoning ordinance is now or hereafter adopted by the governing body of the Town of Longview or the Town of Brookford, a Board of Adjustment shall be created, and appointed by the governing body of said town in accordance with G. S. 160-178. Said Boards of Adjustment shall have all the authority within the corporate boundaries as may now or hereafter be granted to such boards by law. The Board of Adjustment appointed by the governing body of the City of Hickory shall not have any authority or jurisdiction within the corporate boundaries of the Town of Longview or the Town of Brookford.

Sec. 13. Enforcement Authority of Longview and Brookford Defined. The governing bodies of the Town of Longview and the Town of Brookford shall have, within their corporate boundaries, all the authority which may now or hereafter be granted by law to enforce any and all ordinances, codes or rules and regulations which the governing body has the authority to adopt including any ordinance or code promulgated or recommended by the Hickory Regional Planning Commission, in accordance with this Act. In addition, the governing bodies of the Towns of Longview and Brookford are hereby authorized to permit the City of Hickory enforcement officials to enforce within their corporate limits any ordinance adopted by said towns under the authority granted by this Act in the manner and to the extent and under the conditions mutually agreed upon by the governing bodies of Longview or Brookford and the governing body of the City of Hickory. No agreement authorized by this Section shall be effective until a written agreement has been signed by the governing bodies of the municipalities concerned, and such written agreement shall provide that either municipality entering into such agreement may withdraw from and cancel such agreement upon sixty (60) days notice thereof.

Sec. 14. Hickory Regional Planning Area Defined. The Hickory Regional Planning Area is hereby defined as follows:

Beginning at a point said point being the intersection of the center line of U. S. 321 and the average center line of the Catawba River; thence in an easterly direction and along the meandering line of the Catawba River; to a point, the intersection of the center line of the Catawba River and the extended center line of a tributary known as Snow Creek; thence with the meandering of said Snow Creek in a southerly direction to a point in said Creek and lying 500 feet northeasterly of Kool Park Road; thence along a line 500 feet North of and parallel to the Kool Park Road and in an easterly direction to a point, said point being on the extension of afore described line and lying 500 feet eastwardly of the Springs Road or 12th Avenue, N. E.; thence along a line 500 feet East and parallel to the Springs Road southwardly to a point lying 500 feet northerly of the Section House Road; thence on a line 500 feet North and parallel to the Section House Road southeastwardly 1600 feet more or less to a point; thence on a line due South and crossing the Section House Road to a point on a line lying 800 feet northeastwardly of the Spencer Road; thence with said line, running parallel to and being 800 feet northeastwardly, following a curved line to a point on the center line of U. S. Highway 70A, said point being 800 feet southeasterly of Spencer Road and 800 feet more or less northwesterly of the Fairgrove Church Road; thence on a line with a southwest bearing to a point in the center of Bolick's Dry Branch southwardly to Clark's Creek; thence in a southerly direction with the center line of Clark's Creek to a point 2000 feet South of U. S. Highway 64-70-321; thence following a line 2000 feet South of and parallel to U. S. Highway 64-70-321 in a westerly direction to a point on a line lying 1000 feet northwesterly and parallel to Road 1166; thence following said line, lying 1000 feet northwesterly and parallel to Road 1166, in a southwesterly direction to a point on a line lying 1600 feet East of and parallel to Road 1146 or Robinson Road; thence following said line, lying 1600 feet East of and parallel to Road 1146, southwardly to a point on a line lying on the extension of a line 800 feet to the North of and parallel to Road 1169; thence following the line extension, being 800 feet to the North of and parallel to Road 1169; in a westerly and southwesterly direction to a point in the middle of the Henry's Fork River; thence following the center line of the Henry's Fork River in a westerly direction to a point, said point being the intersection of the Henry's Fork River and a tributary known as Smyre Creek; thence westerly and following the meandering Smyre Creek to a point lying in the middle of said Smyre Creek and being 1500 feet southwestwardly of Road 1008 known also as the Zion Church Road; thence following a line in a northwesterly direction, said line being 1500 feet southwestwardly and parallel to Road 1008, to a point on a line, said line being 1500 feet southwardly and parallel to Road 1178; thence following the line 1500 feet southwardly and parallel to Road 1178 in a westerly direction to a point lying 1000 feet more or less southwestwardly of the Harris Farm Road and being on the center line of N. C. 127; thence following a line 1000 feet southwestwardly and parallel to the Harris Farm Road in a northwesterly direction to a point in the middle of the Henry's Fork River; thence following the meandering course of the Henry's Fork River westwardly to a point on the Catawba County-Burke County line; thence in a northeasterly direction following the Catawba County-Burke County line to a point on the center line of Road 1206 known as the Hildebran-Shelby Road; thence following a line in a northerly direction to a point in the center of Road 1630 known as the Dead Mule Road, and said point being on a line lying one (1) mile northwesterly and parallel to the Catawba County-Burke County line; thence in a northeasterly direction and following a line one (1) mile northeasterly and parallel to the Catawba County-Burke County line to a point in the middle of the Catawba River; thence following the meandering course of the Catawba River in a eastwardly direction to the Catawba River-U. S. 321 bridge, the point of beginning.

Any area lying within the Regional Planning Area as described above which is annexed to the corporate boundaries of the Town of Longview or the Town of Brookford shall be deleted from the Hickory Regional Planning Area as herein described as of the effective date of such annexation ordinance.

Sec. 15. Ordinance Required to Implement Act. Prior to exercising any power or authority granted by this Act, the governing body of the City of Hickory shall adopt an ordinance establishing the Hickory Regional Planning Commission in accordance herewith and such ordinance shall cite this Act by reference to its title or otherwise and shall specifically repeal any existing ordinances of the city in direct conflict therewith. In addition, such ordinance shall provide for the method of appointment of the members of the Regional Planning Commission who are required by this Act to be residents of the City of Hickory at the time of their appointment,

Sec. 16. Authority of Burke County to Withdraw from Planning Area. The Burke County Board of Commissioners shall have authority to remove from the Regional Planning Area any area lying within Burke County except that area which may now or hereafter be located within the corporate limits of the Town of Longview, by giving to the Regional Planning Commission six (6) months written notice thereof. In the event the authority granted by this Section is exercised by the Burke County Board of Commissioners, the Burke County membership on the Regional Planning Commission shall be vacated as of the effective date of the withdrawal of Burke County, and the vacancy for the unexpired term of the Burke County member shall be filled by the Board of County Commissioners of Catawba County. Thereafter, such vacancy in the membership of the planning commission shall be filled by the Board of County Commissioners of Catawba County in accordance with the requirements and in the same manner as provided for the appointment of other planning commission members found elsewhere in this Act.

Sec. 17. The ratification of this Act shall not repeal, modify, or affect in any manner any ordinance, rule or regulation lawfully adopted prior to the effective date of this Act. Ordinances, rules or regulations in effect on the date of ratification of this Act shall remain in full force and effect until repealed or superseded by ordinances or rules and regulations adopted pursuant to the authority granted by this Act.

Sec. 18. All laws and clauses of laws in direct conflict with this Act are hereby repealed or amended to the extent of such direct conflict.

Sec. 19. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 21st day of May, 1963.