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new law specifies that at/east o.e resident of the entire ETJ regulation area must be appointed (by the board of county commissioners as explained below) to the planning agency and board of adjustment. ET.] Representative Chosen by Board of County Commissioners. The new law specifies that the ETJ representative(s) is to be chosen by the board 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 the 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. the city council may make the appointment(s). Eligibility All residents of the ETJ have tile right to apply to the board of county commissioners to serve as a representative. To be considered, ETJ residents must apply at or before the 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 successive calendar weeks in a newspaper having general circulatioq-in the ETJ area). Future Additio, of ETJ Represe,maives 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 bythe total membership o£the planning agency or board of adjustment. City-County Planning Agencie.¥ & Boards of Adjustment Membership &joint planning agencies and joint boards of adjustment ma)' be appointed as agreed upon by municipalities and counties. ]iii. Other Provisions of the New Law Other provisions appearing in tile new law regard litigation in zoning and annexation matters. Reductio, of Time lo File Suit in Zo,h~g Actio,.¥ (Amends G.S. 160A-364. I & G.S. 1-54.1: Sections 5 & 7 of the new law) Tile nexv law shortens the time to file suit (statute of limitations) to challenge the validity of any zoning ordinance or amendment to a zoning ordinance. Previously. there was a 9 month period of time from the adoption of the ordinance/amendment. The new law shortens this period to 2 months. No Cou,terclaim.¥ for Lost Tar Revenue i~t Annexation Ordi~tance Appeal (Amends 160A-38 & 160A-50: Sections 3 & 4 of the new law) The new law clarifies that municipalities ca,mot file counterclaims for lost property tax revenues caused by appeals from annexation ordinances. This provision is retroacth.'e and became effective on January 1. 1996. IV. Conclusion We urge you to review your municipality's ordinances and notices to determine whether they are in compliance with the new law. Please contact the League if you have questions about this new law or any other legislation.