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Historic Landmark Preservation Commission - Creation of Ordinance Creating the Randolph County Historic Landmark Preservation Commission An Ordinance Creating the Randolph County Historic Landmark Preservation Commission: WHEREAS, natural heritage and related historical landmarks are some of Randolph County’s most valued and important assets; and WHEREAS,the conservation and preservation of historical landmarks can enhance the quality of life for residents and can foster economic development by helping to sustain heritage tourism resources; and WHEREAS,the North Carolina General Statutes authorize local governments to safeguard historic landmarks that embody important elements of the county’s culture, history, architectural history, or prehistory, and to promote the use of historic landmark preservation for the education, pleasure, and enrichment of the residents of the county and state as a whole; and WHEREAS,the Randolph County Board of Commissioners has received recommendations from the Randolph County Heritage Committee and petitions from the Randolph County Historical Society requesting that a Randolph County Historical Preservation Commission be established; and WHEREAS, the Randolph County Board of Commissioners does therefore desire to create a Commission to be known as the Randolph County Historic Landmark Preservation Commission to perform those duties of designating and regulating historic landmarks pursuant to North Carolina General Statutes as related to Historical Landmarks and the provisions of this Ordinance. NOW, THEREFORE, BE IT ORDAINEDBY THE RANDOLPH COUNTY BOARD OF COMMISSIONERS,AS FOLLOWS: Section 1. Short Title This Ordinance shall be known as the “Randolph County Historic Landmark Preservation Ordinance.” Section 2. Authority. The Randolph County Historic Landmark Preservation Commission shall have the powers and authority prescribed in North Carolina General Statutes Chapter 160A, Article 19, Part 3C, Historic Districts and Landmarks as set out in this Ordinance. This Ordinance shall be in effect in all unincorporated areas of Randolph County and may be adopted by reference and inter-local agreement by the governing board of a participating municipality. Section 3. Purpose. The purpose of establishing the Randolph County Historic Landmark Preservation Commission herein after referred to as “Commission,” shall be: A.To safeguard the heritage of the county and participating municipalities by preserving any historic landmarks therein that embody important elements of its cultural, social, economic, political, archeological, or architectural history; and B.To promote the use and conservation of landmarks for the education, pleasure, and enrichment of Randolph County and the State of North Carolina; and C.To provide for designation of properties as a landmark on the basis of individual merit and special historical significance and integrity, pursuant to N.C. General Statute 160A, Sections 400.5, and 400.6. The designation of a landmark shall be effective through the adoption of an ordinance by the Randolph County Board of Commissioners or the governing board of the participating municipality; and D.To adopt principles and guidelines for new construction, alterations, additions, and moving and demolition of designated historic landmarks. E.To provide for the designation of Local Cultural Heritage Sites as provided in this Ordinance. Section 4.Historic Landmark Preservation Commission A. General Requirements. (1) Membership. The Commission shall consist of nine (9) members and one (1) alternate (Total of 10) appointed by the Randolph County Board of Commissioners as follows: a.One shall be appointed from each of the five (5) county commissioner districts; and b.Three (3) at-large members shall be appointed; and c.The Randolph County LibraryDirector shall serve as the ninth voting member; and d. One at-large alternate member having voting powers in the absence of a regular member. In selecting individuals to fill the appointed seats described in paragraphs (a) and(b) above, the Board of County Commissioners shall consider those citizens who have demonstrated a special interest, experience, or education in history,archaeology, preservation, architecture, real estate, law, local government, or a related area. (2)Tenure.All members of the Commission serve at the pleasure of the Board of County Commissioners and may be removed by the board at any time.With the exception of the Randolph County Library Director, whose membership is perpetual, members of the Commission shall serve staggered three-(3-) year terms.Initially, four (4) members shall be appointed for a three-(3-) year term; three (3) members shall be appointed for a two-(2-) year term; and two (2) members shall be appointed for a one-(1-)year term.Following expiration of these initial terms, all appointments shallbe for a term of three (3) years. (3) Vacancies.Any vacancy on the Commission shall be filled by appointment for the remainder of the unexpired term. (4)Officers. The Randolph County Board of Commissioners shall designate the Chairman and the Vice Chairman of the Commission. Advisory committees may be appointed by the Chairman of the Commission,as necessary. (5)Compensation of Members.Compensationof members for service on the Commission, if any, shall be established by the Randolph County Boardof Commissioners. Members may be reimbursed for travelexpenses incidentalto the performance of their duties within the limits of funds appropriated for that purpose. (6)Staff Support.The Commission shall be provided with staff support and administrative coordination by the Randolph CountyPublic Library with the assistance of the Randolph CountyPlanning Department. B. Meetings. (1)Meetings shall be held at the call of the Chairman of the Commission. (2)Meetings shall be held in accordance with North Carolina law regarding open meetings and shallbegovernedby and conducted according to the by laws and rules of procedure adopted by the Commission. (3)The Commission shall keep permanent minutes of all of its meetings, said minutes to record, at a minimum, its resolutions, proceedings, findings, recommendations, actions, and the attendance of its members. The minutes shall be public records and shall be housed permanently in the Randolph County PlanningDepartment. C.Appropriations. The Randolph County Board of Commissioners may make appropriations to the Commission in any amount it may deem necessary for the Commission’s effective operation. Section 5. Commission Dutiesand Powers. A.The Commission shall: (1)Prepare and adopt by laws and rules of procedure. (2)Prepare and adopt principles and guidelines for altering, restoring, moving, or demolishing properties designated as landmarks pursuant to this Ordinance. (3)Undertake and adopt an inventory of properties of historical, architectural, archaeological, or cultural significance in Randolph County for use as a guide in identifying and evaluating possible landmarks. A copy of said inventoryshall be forwarded to the Office of Archives and History, NC Department of Cultural Resources. (4)Make or cause to be made an investigation and report on the historic, architectural, pre- historical, educational, or cultural significance of each building, structure, site, area or object proposed for designation or acquisition and forward such investigation or report to the Office of Archives and History, NC Department of Cultural Resources, for its review and comment in accordance with Section 6(A) (2) of this Ordinance. (5)Recommend to the Randolph County Board of Commissioners or the governing board of a participating municipality, any individual structures, buildings, sites, areas, or objects proposed to be designated by ordinance as “landmarks.” (6)Review and act upon proposals for alteration or demolition of designated landmarks, or for new construction on properties designated as landmarks. (7)Cooperate with state, federal, and local governments in pursuance of the purposes of this Ordinance. B. In addition tothe duties and responsibilities in Section 5.A above, the Commission may: (1)Prepare and recommend the official adoption of a preservation element as anaddition to the Randolph County Growth Management Plan. (2)Conduct educational programs with respect to historic properties and districts within its jurisdiction. (3) Recommend to the Randolph County Board of Commissioners, or to the governing board of a participating municipality, that the landmark designation of any structure, building, site,area, or object be revoked or removed for cause. (4) Enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof, provided however that no member, employee, or agent of the Commissionmay enter any private building or structure without the express consent of the owner or occupant thereof. (5)With prior authorization by the Randolph County Board of Commissioners, orthe governing board of a participating municipality,negotiate with the owner of a building, structure, site, area, or object for its acquisition or preservation, when such action is reasonably necessary or appropriate. (6)With prior authorization by the Randolph County Board of Commissioners, orthe governing board of a participating municipality, acquire by any lawful means the fee, or any lesser included interest, including options to purchase, of any properties designated aslandmarks to hold, manage, preserve, restore, and improve the same andto exchange or dispose of the property by public or private sale, lease or otherwise, subject to covenants or other legally binding restrictions, in order to secure appropriate rights of public access and/or to promote the preservation of the property. (7)With prior authorization by the Randolph County Board of Commissioners, or the governing board of a participating municipality, contract with the state, or the United States, or any other agency of either, or with any other organization, provided that the termsof said contract are not inconsistent state or federal law and when such action is necessary or desirable to accomplish the objectives of this Ordinance. (8)Designate a site as a Local Cultural Heritage Site in accordance with the procedures in Section 8 below. Section 6. Designation of Historic Landmarks. A. Procedures. (1)The process of having a building, structure, site, area, or object designated as a historic landmark may be initiated by the Commission, by the request of agoverning board, or by application of the owner of said building, structure, site, area, or object. (2)The Commission shall make or cause to be made an investigation and report, hereinafter the “Report” on the historic,architectural, pre-historical, educational, or cultural significance of each building, structure, site, area or object proposed for designation as a landmark. This Report shall contain the following information: a.The name of the property tobe considered for designation,including both common and historic names, as such can be determined; and b.The name and address of the current property owner; and c.The location of the proposed property, including the street address and parcel identification number; and d.The date ofconstruction and of any later additions/alterations; and e.An assessment of the significance of the site or structure in accordance with the criteria for designation set out in Section 6.B below; and. f.Anarchitectural or archaeological description of the area of the proposed site or structure, including a description of any outbuildings or appurtenant features proposed to be designated; and g.An historical description of the site or structure indicating its type, period and historical locality; and h.Photographs clearly depicting the proposed property, including views of all facades, pertinent details, and siting; and i.A clear description of the boundaries of the proposed designation. (3)The Commission shall forward a copy of the Report to the Office of Archives and History, NC Department of Cultural Resources. (4)The NC Department of Cultural Resources shall have thirty (30) days from its receipt of the Report to review said Report and to submit its comments and recommendations on the substanceand effect of the designation of the proposed property as a landmark to the Commission. The failure of the NC Department of Cultural Resources to submit any such comments in a timely manner shall relieve the Commission, the Randolph County Board of Commissioners, and the governing board of any participating municipality of any responsibility to consider such comments on this matter. (5)Following the expiration of the thirty-(30-) day comment period described in Section 6.4 above, the Commission and theappropriategoverning board shall each hold a public hearing, provided however that they may satisfy this requirement through a joint public hearing held by the two bodies. Reasonable notice of the time and place thereof shall be given. At the conclusionof the public hearing, the Board of County Commissionersor the governing board of a participating municipalitymay adopt an ordinance designating one or more historic landmarks. (6)Any landmark ordinance adopted as described above shall contain the following: a.a description of the property, including the land area of the property,if applicable, designated in the ordinance; and b.the name or names of the owners of the property; and c.a description of those elements of the property that are integral to its historical, architectural, or archeological value; and d.a requirement that the waiting period set forth in Section 7 of this ordinance be observed prior to the landmark’s demolition; and e.a requirement that any exterior or interior alteration of the landmark be subject to the provisions of Section 7 of this ordinance,as provided below; and f.any other information that the governing board deems necessary. (7)Owners and occupants of the landmark shall be provided with copies of the adopted ordinance. Said copy shall be mailed to the owner’s/occupant’s last known address. (8)One copy of the adopted ordinance shall be filed by the Commission in the office ofthe Register of Deeds of Randolph County, where it shall be indexed according to the name of the owner in the grantor and grantee indexes. (9)One copy of the adopted ordinance shall be kept on file in the Office of the Clerk to the Randolph County Board of Commissioners, or in the office of the governing board of the participating municipality, and said copy shall be available for public inspection during normal business hours. (10) One copy of the adopted ordinance shall be maintained by the Randolph County Planning Department, and by the Planning Department having regulatory jurisdiction over the landmark if the two are separate entities. (11)The Commission shall notify the Randolph County Tax Assessor of the landmark designation, and the fact that the building, structure, site, area or object has been designated a landmark shall thenceforth be clearly indicated on the County tax records for so long as such designation remains in effect. This designation and any recorded restrictions on the propertylimiting its use due to such designation shall be considered by the Tax Assessor when appraising said property for taxation purposes. B.Criteria. In considering a landmark designation, the Commission, the Randolph County Board of Commissioners, and/or thegoverning board of a participating municipality shall consider the following: (1)Critical Part of County’s Heritage.Its value as an example of the architectural, cultural, economic, historic, social or other aspect of the heritage of Randolph County; and (2)Significant Historic Event.Its location as a site of a significant historic event which may or may not have taken place within or involved the use of any existing improvements; and (3)Significant Person.Its identification with a person or persons who significantly contributed to the architectural, cultural, economic, historic, social, or other aspect of the development of Randolph County; and (4)Important Architecture.Its exemplification of an architectural type or style distinguished byinnovation, rarity, uniqueness, or overall quality of design, detail, materials, or craftsmanship; and (5)Distinctive Theme.Representation of an architectural, cultural, economic, historic, social or other theme expressed through distinctive area, places, buildings, structures, works of art, or other objects that may or may not be contiguous; and (6)Unique Visual Feature.Its unique location or distinctive physical appearance or presence representing an established and familiar visual feature of Randolph County; and (7)Duration. Its historical significance achieved for fifty (50) years or more; and (8)National Register. Any criteria used by the National Register for evaluation of landmarks. C. Signage. A suitable sign, approved, purchased and erected by the Commission, designating the property as a landmark may be placed on the property once said designation is official with the consent of the property owner. Otherwise, the sign may be placed in the nearby public right-of-way. D. Fees. The Randolph County Board of Commissioners, upon recommendation of the Commission, may establish application fees. Section 7. Alteration/Demolition of Designated Landmarks—Certificate of Appropriateness Required. A. Exterior Features. From and after the designation of a landmark, no exterior portion of a building or other structure (including masonry walls, fences, exterior light fixtures, steps and pavement, or other appurtenant features), nor any above-ground utility structure, nor any type of outdoor advertising sign shall be erected, altered, restored, moved or demolished on such landmark until after an application for a Certificate of Appropriateness as to exterior features has been submitted to and approved by the Commission. Sucha certificate is required to be issued by the Commission prior to the issuance of a building permit or other permit granted for the purposes of constructing structures, which certificate may be issued subject to reasonable conditions necessary to carry out the purposes of this Ordinance. A Certificate of Appropriateness shall be required whether or not a building or other permit is required. For purposes of this article, “exterior features” shall include the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material, the size and scale of the building, and the type and style of all windows, doors, light fixtures, signs and other appurtenant features.Exterior features may also include historic signs, color, and significant landscape, archaeological, and natural features of the area. In the case of outdoor advertising signs, “exterior features” shall be construed to mean the style, material, size andlocation of all such signs. B. Interior Features. The Commission shall have no jurisdiction over “interior features”, except as provided in this section, and shall take no action under this article except to prevent the construction, re- construction,alteration, restoration, moving or demolition of buildings, structures, appurtenant features, outdoor advertising signs or other significant features which would be incongruous with the special character of the landmark. The jurisdiction of the Commissionover interior features shall be limited to specific architectural, artistic, or historical significant features in publicly-owned landmarks; and of privately-owned landmarks for which consent for interior review has been given by the owners. Said consentof an owner for interior review shall bind future owners and/or successors in title, provided such consent has been filed with the Randolph County Register of Deeds and indexed according to the name of the owner of the property. The landmark designation shall specify the interior features to be reviewed and the specific nature of the Commission’s jurisdiction over the interior. C.The State of North Carolina (including its agencies and political subdivisions), Randolph County, participating municipalities, and all public utilities shall be required to obtain a certificate of appropriateness for construction, reconstruction, restoration, alteration, moving or demolition of designated landmarks, or new construction on a landmark property. D. Application Process. (1)The application for a Certificate of Appropriateness shall be obtained from the office of the Randolph County LibraryDirector. (2)The application shall be filed at least two (2) weeks prior to being considered by the Commission at a meeting. (3)Sketches, drawings, photographs, specifications, descriptions and other information of sufficient detail to clearly show the proposed alterations, additions, changes or new construction shall accompany each application. (4)The names and mailing addresses of property owners filing the application and/or subject to the applicationand the addresses of property owners within one hundred (100) feet from all sides of the subject property must also be included with the application. (5)Applications deemedincomplete shall not be accepted. E. Advisory Committee Review (1)It shall be the policy of the Commission, in regard to applications involving new construction or extensive alterations and/or additions to existing structures, that an advisory committee of the Commission,including the Randolph County Property Development Advisory Team and the Randolph County Technical Review Committee, shall be available to meet with persons involved in planned or pending applications in order to advise them informally at an early stage in the development process concerning Commission guidelines, the nature of the area where the proposed project will take place, and other relevant factors. (2) The members of the advisory committee, collectively and individually, shall refrain from any indication of approval or disapproval. Advice or opinions given by any member of the advisory committee at such an informal meeting shall not be considered official or binding upon the Commission. F. Approval Process. (1)An application for a Certificate of Appropriateness shall be acted upon within ninety (90) days of the filing of a complete application; otherwise, the application shall be deemed to be approved and a certificate shall be issued. An extension of time may be granted by mutual consent of the Commission and the applicant. (2)The Randolph CountyPublic Library with the assistance of the Randolph County Planning Department., shall notify, by mail, not less than one (1) week prior to the meeting at which the matter is to be heard, the ownerson the subject property for designationand the owners of property within one hundred (100) feet from all sides of the subject property. The applicant and other property owners likely to be materially affected by the application shall be given an opportunity to be heard. (3)As part of the review procedures, the Commission may view the premises and seek the advice of the Department of Cultural Resources or other such expert advice, as it may deem necessary under the circumstances. (4)The Commission may hold a public hearing on any application when deemed necessary. (5)The action on an application shall be: approval, approval with conditions, or denial. (6)All decisions of the Commission must be supported by specific findings of fact indicating the extent to which the application is, or is not, congruous with the special character of the landmark. G. Appeal. (1)Any party aggrieved by the decision of the Historical Landmark Preservation Commission to grant or deny a Certificate of Appropriateness may appeal to the appropriate governing body. (2)The appeal shall be made in writing within thirty (30) days of the decision of the Historic Landmark Preservation Commission. The appeal must state the reason(s) the decision should be overturned. H. Administrative Approval of Minor Works (1)Not withstanding Section 7, Application, Commission Action and Appeal, upon receipt of a completed application, the County Public LibraryDirector may issue a Certificate of Appropriateness for minor works. (2)Minor works are defined as those exterior changes which do not involve substantial alterations, or an addition, or removal that could affect the integrity of the landmark, and are limited to those listed in the Commission “Rules ofProcedure.” (3)No application shall be denied without the formal action of the Commission. (4)All minor works applications approved by thePublic LibraryDirector shall be forwarded to the Commission for their review at the next regular meeting. I. Review Criteria (1)A Certificate of Appropriateness shall not be granted unless the Commission finds thatthe application complies with the principles and guidelines adopted by the Commission for review of changes. It is the intent of these regulationsto insure, insofar as possible, that the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, appurtenant fixtures, outdoor advertising signs, or other significant features on landmarks shall be congruous with the special character of the landmark. (2)In addition to the adopted principles and guidelines, the following features or elements of design shall be considered in reviewing an application for Certificate of Appropriateness: a.Lot coverage, definedas the percentage of the lot area covered by primary structures. b.Setback, defined as the distance from the lot lines to the building. c.Building height. d.Spacing of buildings, defined as the distance between adjacent buildings. e.Proportion, shape, positioning, location, pattern, sizes, and style of all elements of fenestration and entry doors. f.Surface materials and textures. g.Roof shapes, forms and materials. h.Use of regional or local architectural traditions. i.Generalform and proportion of buildings and structures, and the relationship of additions to the main structure. j.Expression of architectural detailing. k.Orientation of the building to the street. l.Scale, as determined by the size of the units of construction and architectural details in relation to the human scale and also by the relationship of the building mass to adjoining open space and nearby buildings and structures; maintenance of pedestrian scale. m.Proportion of width to height of the total building facade. n.Archaeological sites and resources associated with standing structures. o.Effect of trees and other landscape elements. p.Major landscaping, which would impact known archaeological sites. q.Style, material, size and location of all outdoor advertising signs. r.Appurtenant features and fixtures, such as lighting. s.Structural condition and soundness. t.Walls, physical ingredients, such as brick, stone or wood walls wrought iron fencing, evergreen landscape masses, or combinations of these. u.Ground cover or paving. v.Significant landscape, archaeological, and natural features. (3)The US Secretary of the Interior –“Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings” shall be the sole principles and guidelines used in reviewing applications from the State of North Carolina for a Certificate of Appropriateness. J. Certain Changes Not Prohibited. (1) Nothing in this article shall be construed to prevent theordinary maintenance or repair of any exterior architectural feature of a landmark which does not involve a change in design, materials, or exterior appearance thereof; the ordinary maintenance or repair of streets, sidewalks, pavement markings, street signs, or traffic signs; the construction, reconstruction, alteration, restoration or demolition of any such feature which the Building Inspector shall certify, is required for public safety because of an unsafe or dangerous condition. (2)Nothing herein shall be construed to prevent (1) the maintenance, or (2) in the event of an emergency, the immediate restoration, of any existing aboveground utility structure without approval by the Commission. K. Demolition of Landmarks and Proposed Landmarks (1)Delay of Demolition of Landmark. An application for a Certificate of Appropriateness, authorizing the demolition, removal, or destruction of a designated landmark may not be denied except as provided in Section K.4. However, the effective date of such a certificate may be delayed for up to 365 days from the date of approval. The Commission shall reduce the period of delay if it finds that the owner would suffer extreme hardship or be permanently deprived of beneficial use or return from such property by virtue of the delay. During the delay period, the Commission shall negotiate with the owner in an effort to find a means of preserving the building structure or site. If the Commission finds that a building, structure of site has no special significance, it shall waive all or part of such period of delay and authorize earlier demolition or removal. (2)Delay of Demolition of Proposed Landmark. If the Commission has voted to recommend the designation of a landmark, and final designation has not been made by the Randolph County Board of Commissioners, or the governing board of a participating municipality, the demolition or destruction of any building, structure or site on the property of the designated landmark may be delayed by the Commission for up to 180 days or until the Board of Commissioners, or the governing board of the participating municipality has taken final action on the designation, whichever occurs first. (3)Prevention of Demolition by Neglect. The Randolph County Board of Commissioners, or the governing board of a participating municipality may enact an ordinance to prevent the demolition by neglect of any designated landmark. Such an ordinance shall provide the appropriate safeguards to protect property owners from undue hardship. (4) Denial of Demolition. An application for a Certificate of Appropriateness authorizing the demolitionof a building, structure or site determined by the State Historic Landmark Preservation Officer as having statewide significance as defined in the criteria of the National Register of Historic Places may be denied except where the Commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return, by virtue of the denial. Section 8. Local Cultural Heritage Sites A.Definition: A Local Cultural Heritage Site is a site that is of local significance historically, archaeologically, culturally, or naturally but that does not meet the requirements for designation as a landmark. This designation may include: (1)Monuments, including cemeteries, structures of an archaeological nature, and private cemeteries at least 100 years old containing participants of the War of Regulation (1768- 1771), the American Revolutionary War and/or the Civil War. (2)Sites and Open Spaces that are the works of man or the combined works of nature and man, including gardens, parks and landscapes with or without architectural features, the location of mills and bridges together with their hydrological installations and features, and archaeological sites which are of outstanding local value from a historical, aesthetic, ethnological or anthropological point of view. (3)Natural Features, including physical and geological formations or groups of such formations which are of outstanding local value from an aesthetic or scientific point of view. (4)Biological Heritage Sites includingvaluable habitats such as ancient woodland, species- rich grassland, swamps and bogs which may provide a refuge for rare and threatened plants and animals and which form an irreplaceable part of our environment or are part of a strategy to conserve the biological diversity of the region. B.Application Process. (1) Applications for consideration as a Local Cultural Heritage Site are made at the Randolph County Library Director’s Office andmay include the documentation and critical analysis of all available information necessary to justify the recognition of the proposed property as a Local Cultural Heritage Site. (2)Properties may be considered for Local Cultural Heritage Site designationby: a.their inclusion in a comprehensive and systematic inventory of properties of historical, architectural, archaeological, or cultural significance to Randolph County prepared and adopted in accordance with Section 5(A)(3) of this Ordinance; b. application made by the owner of the property; or c.by motion of the Commission. C.Effect of Designation. (1)The Commission may award the property owner a Certificate of Recognition designating the property as a Local Cultural Heritage Site. (2)The Commission may establish, keep current, and publish on its website, whenever circumstances shall so require, a list of the properties appearing on the Local Cultural Heritage Site list which are determined to be in danger of immediate destruction, demolition by neglect, or otherwise threatened by serious and specific dangers. This list shall and its publication shall constitute the primary method of protection afforded Local Cultural Heritage Sites. (3)Any property recognized by the Commission as a Local Cultural Heritage Site shall: a.have its location and significance as such permanently maintained in the records of the Randolph County Planning Department; b.be listed as such on the Commission’s website; c.be marked as such in the Randolph County Geographic Information System (GIS). Section 9. Enforcement & Penalties. A. The Randolph County Public LibraryDirector shall enforce compliance with the terms of Certificates of Appropriateness issued pursuant to this Ordinance. Failure to comply with the certificate is subject to legal enforcement action pursuant to N.C.G.S. 153A-123. This Ordinance may also be enforced by appropriate equitable remedy issued by a court of competent jurisdiction, including, but not limited to, issuance of mandatory or prohibitory injunctions and orders of abatement. B.If any building, structure, site, area, or object designated as a landmark designated pursuant to this ordinance is about to be demolished whether as the result of deliberate neglect or otherwise, materially altered, remodeled, removed or destroyed, except in compliance with the Ordinance or other provisions of this ordinance, the Historic Landmark Preservation Commission, or other party aggrieved by such action, may institute any appropriate action or proceedings to prevent such unlawful demolition, destruction, material alteration, remodeling or removal, to restrain, correct or abate such violation, or to prevent any illegal act or conduct with respect to such building, structure, site, area or object. Section 10. Effective Date This ordinance shall become effective on date of adoption, June 2nd, 2008. _____________________________________________ ____________________ ChairmanDate Randolph County Board of Commissioners ____________________________________________ ___________________ Randolph County Clerk Date The Ordinance was amended 2/1/2010 to add new Section 8-Local Cultural Heritage Sites. _________________________________________________________________________________ This Ordinance was amended 1-5-2015. Section 4, Paragraph A(1)(c) states “The Randolph County Planning Director shall serve as the ninth voting member; and”. Changed to read “The Randolph County Library Director shall serve as the ninth voting member; and”. Every specific reference to the Randolph County Planning Director changed to refer to the Randolph County Library Director. These include Section 4, Paragraph A(2); Section 7, Paragraph D(1); Section 7, Paragraph H(1) and H(4); and Section 9, Paragraph A. Section 4, Paragraph A(2) Tenure contains the following sentence. “Except for initial terms, no member may serve more than two (2) consecutive three-(3-) year terms.” This sentence was removed. Section 4, Paragraph A(6) Staff Support currently reads “The Commission shall be provided with staff support and administrative coordination by the Randolph County Planning Department.” It waschanged to read “The Commission shall be provided with staff support and administrative coordination by the Randolph County Library Director assisted by the Randolph County Planning Department.” Section 7, Paragraph F(2) states that the “Clerk to the Commission, as appointed by the Chairman,” shall provide the required notice by mail. The “Clerk to the Commission, as appointed by the Chairman,”waschanged to the “Randolph County Library Director with the assistance of the Randolph County Planning Department.” Section 8, Paragraph B(1) states that “Applications for consideration as a Local Cultural Heritage Site are made at the Randolph County Planning Office... “This waschanged to “Applications for consideration as a Local Cultural Heritage Site are made at the Randolph County Library Director’s Office. . .”