AG 1998 06 15 - Laserfiche WebLink

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new law specifies that al leas/o.e resident of' the entire ET/regulation area must be appointed {by the board of county commissioners as e×plained below) to the planning agency and board of' adjustment, ET] Representative Chosen by Board of County Conmlissioners. The new law specifies that the ETJ representative{s) is to be chosen by the hoard of county commissioners. The county commissioners are to hold a public hearing before selecting an 'ETJ representative and they have 45 days after the public hearing to make tlre appointment(s). If the county commissioners fail to make the appointment within 90 days after receiving a resolution from the city council requesting that tile appointment be made, tlre city council may make the appointment(s). Eligibility All residents of the ETJ have tire right to apply to the board of county commissioners tO serve as a representative. To be considered, ETJ residents must apply at or before tire public hearing held by the county commissioners (Which is to be advertised by a notice of hearing given once a week for at least two success{ye calendar weeks in a newspaper having general circu]atiot,c, in the ETJ area). Future Addition of £TJ Representtaives based on Growing Populations-- Full Fraction Rule. An additional ETJ representative must be added to achieve proportional representation only when the population of' the entire ETJ constitutes a full fraction of the municipality's population divided by the total membership of tile planning agency or board of adjustment. City-Count)' P[anning Agencie.t & BoareL~' of Adjustmenl Membership of.joint planning agencies and,joint boards of adjustment ma)' be appointed as agreed upon by municipa/ities'~ind c°Uni'ies. ' III, Other Provisions of the New Law Other provisions appearing in tile new law regard litigation in zoning and annexation matters. ~eductioJt ~ Time to File Suit in Zoning Actim,x (Amends G.S. 160A-364.1 & G.S. 1-54.1: Sections 5 & 7 of the new law) Tire new law shortens the time to file suit (statute of limitations) to challenge the validity of airy zoning ordinance or amendment to a zoning ordinance. Previously. there was a 9 month period of time from the adoption of the ordinance/amendment. Tile new law shortens this period to 2 months. No Counterc/ab..~'for Lost Tar Revenue in Anne.ration Ordinance Appeal (Amends 160A-38 & 160A-50: Sections 3 & 4 of the new law) Tire new law clarifies that municipalities cannot file counterclaims for lost property tax revenues caused by appeals from annexation ordinances. This provision is retroact[ve and became effective on January I, 1996. IL'. Conclusion We urge you to review )'our municipality's ordinances and notices to determine whether they are in compliance with the new law. Please contact tire League if you have questions about this new law or an5' other legislation.