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NORTH CAROLINA LEAGUE OF MUNICIPALITIES <br />Albert Coates Local Government Center/West Lane and North Dawson Streets <br />P.O. Box 3069. Raleigh. North Carolina 27602-3069 (919)715-4000 <br /> FAX Number -- (919) 733-9519 <br /> <br /> MEMORANDUM <br /> September l& 1996 <br /> <br /> To: Managers, Clerks, Attorneys <br /> <br /> From: Andrew L. Romanet, Jr., General Counsel <br /> Gregg F. Schwitzgebek Ill, Assistant General Counsel <br /> <br /> Subject: Extraterritorial Jurisdiction (ET J} Legislation Effective October I, 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 prhnary su6j~ct 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 /> I. 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 by.first class mail the owners ofall parcels of'land proposed for the addition, as shown on <br /> the county tax records. (The ,~otices shall be sent to the last addresses listed for affected property <br /> owners in the county tax records.) The person(s) mailing the notices must certify to the city <br /> council that the notices were sent by first-class mail. <br /> <br /> Timing of.otice. The notice must be mailed at least four weeks prior to the public hearing. <br /> Content of notice. The new law specifies that the notice must contain the following items: - <br /> <br /> (a) information regarding the effect of the extension of'extraterritorial jurisdiction; <br /> <br /> (b) i,ffor,'nation regarding the landowner's right to participate in a public hearing <br /> prior to adoption of any ordinance extending the area of extraterritorial jurisdiction; <br /> <br /> (c) information regaMing the right of all residents of the area to apply to the board <br /> of county commissioners t6 serve as a represe,~tative on the planning agency and <br /> the board of adjustment (see Section Il of this me,no). <br /> <br />Il. Extraterritorial Representation on Planning Agencies and Boards of Adjustment <br />(Amends G.S. 160A-362: Section 2 ot'the new law) <br /> <br />Representatio. to he Proportio~etl &~.ved tm Pol~ttl¢tlio. A municipality exercising powers <br />within its ETJ must ensure that citizens of tile ETJ have proportional representation on ~he <br />planning agency and board of adjustment. The ordinance creating or designating these bodies <br />must provide for proportional representation based o,~ population for residents of the ETJ. The <br /> <br /> <br />