Town planner: DEQ signs off on drainage plan; evidentiary hearing set for major subdivision preliminary plat

Carlton Gideon, the town planner, told the Peletier board that the state Department of Environmental Quality provided certification for the Campbell drainage plan and signed the document on June 10. He said that, as a result, the town will consider its first major subdivision preliminary plat at next month's meeting and that the board must conduct an evidentiary (quasi-judicial) hearing to evaluate the application.

"DEQ provided us certification for the Campbell drainage plan," Gideon said, adding that he will prepare and present a staff report explaining how the submitted plat meets the town's subdivision ordinance. He said the staff report will break out the ordinance criteria so members can apply those standards when the board acts.

The town attorney advised members on the legal standards that apply in evidentiary hearings. The attorney told the board that admissible evidence must be "material, substantial, and direct," said hearsay is generally not appropriate as the basis for a quasi-judicial decision, and distinguished lay testimony from qualified expert opinion. He also warned members about conflicts of interest and the need to recuse themselves if a direct financial or close personal interest exists.

"If there's any sort of direct financial interest involved — you have to recuse yourself from that hearing," the town attorney said, describing disclosure requirements for ex parte communications and site visits.

Board members asked whether they could review application materials in advance. Gideon and the attorney said planners typically provide applicants' materials and a staff analysis at the hearing so members receive the evidence in the official proceeding; Gideon added that members may be given copies of the plats beforehand or can review them online or in the town's records.

Gideon also noted he recently completed planning coursework through the UNC Chapel Hill School of Government and will be eligible for CZM certification, which he described as relevant background for handling the subdivision review.

Next steps: Gideon will prepare the staff report and distribute the plat materials as allowed; the board will hear the preliminary plat at a scheduled evidentiary hearing next month, at which time members will be expected to evaluate the application based on the evidence presented and the town's subdivision ordinance. No vote on the plat was taken at this meeting.