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NORTH CAROLINA LEAGUE OF MUNICIPALITIES <br />~dbert Coates Local Government Center/West Lane and North Dawson Streets <br />P.O. Box :5069. Raleigh, North Carolina 27602-S069 (919)715-4000 <br /> FAX Number -- (919) 755-9519 <br /> <br />September 16, 1996 <br /> <br />To: <br /> <br />From: <br /> <br />Managers, Clerks, Attorneys <br /> <br />Andrew L. Romanet, Jr.. General Counsel <br />Gregg F. Schwitzgebel, Ill, Assistant General Counsel <br /> <br />Subject: Extraterritorial Jurisdiction (ET J) Legislation Effective October !, 1996 <br /> <br />During the 1996 short session of the General Assembly, House Bill 1083 was ratified as Chapter <br />746 of the 1995 Session Laws. The new legislation (hereinafter "the new law") amends existing <br />statutes dealing with extraterritorial jurisdiction that are the primary subject of this memo. The <br />new law also contains provisions regarding litigation in zoning and annexation matters. The <br />effective date of the new law is October 1, 1996, except as otherwise noted. A copy of the <br />ratified bill is attached. <br /> <br />1. New Notice Requirements (Amends G.S. 160A-360; Section I of the new law) <br /> <br />Notice by First Class Mail Required. When a municipality seeks to add area to its ETJ,: it must <br />notify byfirst class mail the owners of all parcels of land proposed for the addition, as shown'on <br />the county tax records. (The notices shall be sent to the last addresses listed for affected property <br />owners in the county' tax records.) Tire person(s) mailing the notices must certify to the city <br />council that the notices were sent by first-class ,nail. <br /> <br />Timing of notice. The notice must be mailed at least four weeks prior to the public hearing. <br /> <br />Content of notice. Tire new law specifies that the notice must contain the following items: <br /> <br />(a) in formation regarding lire effect of the extension of extraterritorial jurisdiction; <br /> <br />(by information regarding tile landowner's right to participate in a public hearing <br />prior to adoption of any ordinance extending the area of extraterritorial j urisdiction: <br /> <br />(c) information reuardinu tile right of all residents of the area to apply to the board <br />of county commissioners td serve as a representative on the planning agency and <br />the board ofad. iustment (see Section II of this memo). <br /> <br />II, Extraterritorial Representation on Planning Agencies and Boards of Adjustment <br />(Amends G.S. 160A-362: Section 2 ot'the new law) <br /> <br />Represemotio. to be P/wl~ortionM Bets'ed on Ptq)ulit/ion A municipality exercising powers <br />within its ETJ must enst,re thai citizens of the ETJ have proportional representation on the <br />planning agency and board of adjustment. The ordinance creating or designating these bodies <br />must provide for proportional representation based on population for residents of the ETJ. The <br /> <br /> <br />