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AG 2005 02 21
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AG 2005 02 21
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Last modified
3/3/2006 8:34:38 AM
Creation date
11/27/2017 11:34:49 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/21/2005
Board
Board of Commissioners
Meeting Type
Regular
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<br /> <br />~ 160A-362., Extraterritorial representation. <br />When a city elects to exercise extraterritorial zoning or <br />subdivision-regulation powers under G.S. '160A-360, it shall in <br />the ordinance creating or designating its planning C!gency or <br />agencies provide a means of proportional representation based on <br />population for residents of the extraterritorial area.tobe <br />regulated. Representation shall be provided'by appointing at <br />least one resident of the entire extraterritorial zoning and <br />,subdivision regulation area to the planning agency and the board <br />of adjustment that makes recommendations or grants relief in <br />these matters. For purposes of this section, an additional <br />member must be appointed to the planning agency or board of <br />adjustment to achieve proportional representation only when the <br />population of the entire extraterritorial zoning and subdivision <br />area constitutes a full fraction of the municipality's <br />population divided by the total membership of the planning <br />agency or board of adjustment. Membership of joint municipal <br />county planning agencies or boards of adjustment may be <br />appointed as agreed by counties and municipalities. Any advisory <br />board established prior to July 1, 1983, to provide the required <br />extraterritorial representation shall constitute compliance with <br />this section until the board is abolished by ordinance of the <br />city. The representatives on the planning agency and the board <br />of adjustment shall be appointed by the board of county <br />commissioners with jurisdiction over the area. When selecting a ' <br />new representative to the planning agency or to the board of <br />adjustment as a result of an extension of the extraterritorial <br />jurisdiction, the board of county commissioners shall hold a <br />public hearing on the selection. A notice of the hearing shall <br />be given once a week for two successive calendar weeks in a <br />newspaper having general circulation in the area. The board of <br />county commissioners shall select appointees only from those who <br />'apply at or before the public hearing. The county shall make the <br />appointments within 45 days following the public hearing. Once a <br />city provides proportional representation, no power available to <br />a city underG.S. 160A-360 shall be ineffective in its <br />extraterritorial area solely because county appointments have <br />not yet been made. If there is an insufficient number of <br />qualified residents of the area to meet membership requirements, <br />the board of county commissioners may appoint as many other <br />residents of the county as necessary to make up the requisite <br />number. When the extraterritorial area extends into two or more <br />counties, each board of county commissioners concerned shall <br />appoint representatives from its portion of the area, as <br />specified in the ordinance. If a board of county commissioners <br />fails to make these appointments within 90 days after receiving <br />a resolution from the city council requesting that they be made, <br />the city council may make them. If the ordinance so provides, <br />the outside representatives may have equal rights, privileges, <br />and duties with the other members of the agency to which they <br />are appointed, regardless of whether the matters at issue arise <br />within the city or within the extraterritorial area; otherwise <br />they shall function only with respect to matters within the <br />extraterritorial area. (1959, c. 1204; 1961, c. 103; c. 548, ss. <br />1,13/4; c.1217; 1963, cc. 519,889,1076,1105; 1965, c.121; <br />c. 348,s.2; c.450,s. 1; c. 864,55.3-6; 1967,cc. 15,22, <br />149;c. 197, s. 2; cc.246, 685; c. 1208,5.3; 1969,cc. 11, <br />53;c. 1010,s. 5; c. 1099; 1971,c.698,s.1; 1983, c. 584, <br />ss. 1-4; 1995 (Reg. Sess., 1996), c. 746, s. 2.) <br /> <br />14-~ <br /> <br />
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