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NORTH CAROLINA LEAGUE OF MUNICIPALITIES Alber~ Coates Local Government Center/West Lane and North Dawson Streets P.O. Box 5069, Raleigh, North Carolina 27602-3069 (919)715-4000 FAX Number -- (919) 755-9519 MEMORANDUM September 16, 1996 Managers, Clerks, Attorneys From: Andrew L. Romanet, Jr., General Counsel Gregg F. Schwitzgebel, III, Assistant General Counsel Subject: Extraterritorial Jurisdiction (ET J) Legislation Effective October 1, 1996 During the 1996 short session of the General Assembly, House Bill 1083 was ratified as Chapter 746 of tile 1995 Session Laws. The new legislation (hereinafter "the new law") amends existing statutes dealing with extraterritorial jurisdiction that are the primary subject of this memo. The new law also contains provisions regarding litigation in zoning and annexation matters. The effective date of the new law is October 1, 1996, except as otherwise noted. A copy of the ratified bill is attached. 1. New Notice Requirements (Amends G.S. 160A-360; Section I of the new law) Notice by First Ciasa' Mail Requh'ed. When a municipality seeks to add area to its ETJ, it must notify byfirst class mail the owners of all parcels of land proposed for the addition, as shown on the county tax records. (The notices shall be sent to the last addresses listed for affected property owners in tile county tax records.) The person(s) mailing tile notices must certify to the city council that the notices were sent by first-class mail. Timing of notice. Tile notice must be mailed at least four weeks prior to the public hearing. Content of notice. Tile new law specifies that the notice must contain the following items: (a) information regarding tile effect of the extension of extraterritorial jurisdiction; (b) information regarding tile landowner's right to participate in a public hearing prior to adoption of any ordinance extending the area of extraterritorial jurisdiction; (c) information regarding tile right of all residents of tile area to apply to the board of county co,mnissioners tO serve as a representative on the planning agency and tile board of adjustment (see Section Il of this memo). II. Extraterritorial Representation on Planning Agencies and Boards of Adjustment {Amends G.S. 160A-362: Section 2 of the new law) Represe~tation lo be Prtq~ortiomtl Bu.¥ed o~t P~qmlatio~ A municipality exercising powers within its ETJ must ensure that citizens oF tile ETJ have proportional representation on the planning agency and board of adjustn~ent. The ordinance creating or desiguating these bodies must provide for proportional representation based on population for residents of the ETJ. The