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AG 1998 06 15
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AG 1998 06 15
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Last modified
3/25/2002 6:06:43 PM
Creation date
11/27/2017 11:51:52 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
6/15/1998
Board
Board of Commissioners
Meeting Type
Regular
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new law specifies that al leas/o.e resident of' the entire ET/regulation area must be appointed <br />{by the board of county commissioners as e×plained below) to the planning agency and board of' <br />adjustment, <br /> <br />ET] Representative Chosen by Board of County Conmlissioners. The new law specifies that the <br />ETJ representative{s) is to be chosen by the hoard of county commissioners. The county <br />commissioners are to hold a public hearing before selecting an 'ETJ representative and they have <br />45 days after the public hearing to make tlre appointment(s). If the county commissioners fail to <br />make the appointment within 90 days after receiving a resolution from the city council <br />requesting that tile appointment be made, tlre city council may make the appointment(s). <br /> <br />Eligibility All residents of the ETJ have tire right to apply to the board of county <br />commissioners tO serve as a representative. To be considered, ETJ residents must <br />apply at or before tire public hearing held by the county commissioners (Which is to <br />be advertised by a notice of hearing given once a week for at least two success{ye <br />calendar weeks in a newspaper having general circu]atiot,c, in the ETJ area). <br /> <br />Future Addition of £TJ Representtaives based on Growing Populations-- Full Fraction Rule. An <br />additional ETJ representative must be added to achieve proportional representation only when <br />the population of' the entire ETJ constitutes a full fraction of the municipality's population <br />divided by the total membership of tile planning agency or board of adjustment. <br /> <br />City-Count)' P[anning Agencie.t & BoareL~' of Adjustmenl Membership of.joint planning agencies <br />and,joint boards of adjustment ma)' be appointed as agreed upon by municipa/ities'~ind c°Uni'ies. ' <br /> <br />III, Other Provisions of the New Law <br /> <br />Other provisions appearing in tile new law regard litigation in zoning and annexation matters. <br /> <br />~eductioJt ~ Time to File Suit in Zoning Actim,x (Amends G.S. 160A-364.1 & G.S. <br />1-54.1: Sections 5 & 7 of the new law) <br /> <br />Tire new law shortens the time to file suit (statute of limitations) to challenge <br />the validity of airy zoning ordinance or amendment to a zoning ordinance. <br />Previously. there was a 9 month period of time from the adoption of the <br />ordinance/amendment. Tile new law shortens this period to 2 months. <br /> <br />No Counterc/ab..~'for Lost Tar Revenue in Anne.ration Ordinance Appeal (Amends <br />160A-38 & 160A-50: Sections 3 & 4 of the new law) <br /> <br />Tire new law clarifies that municipalities cannot file counterclaims for lost <br />property tax revenues caused by appeals from annexation ordinances. This <br />provision is retroact[ve and became effective on January I, 1996. <br /> <br />IL'. Conclusion <br /> <br />We urge you to review )'our municipality's ordinances and notices to determine whether they are <br />in compliance with the new law. Please contact tire League if you have questions about this new <br />law or an5' other legislation. <br /> <br /> <br />
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