AG 1997 05 19 - Laserfiche WebLink

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new law specifies that at least one 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. ETd Representalive 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 tile appointment(s). If the county commissioners fail to make the appointment within 90 days after receiving a resolution from the city council requesting that the appointment be made, the city council may make the appointment(s). Eligibility All residents of tile ETJ have the 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 itl a newspaper having general circulation in the ETJ area). Future Addition of ETJ Representatives based on Growing Populations-- Full Fraction Rule. An additional EIJ representative must be added to achieve proportional representation only when the population of tile entire ETJ constitutes a full fraction of the municipality's population divided by the total membership of the planning agency or hoard of adjustment. City-CoimO, Plam~ing Agencie.~ & Boards (~Adjustment Membership of joint planning agencies and joint boards 0f adjust,nent may be appointed as agreed upon by municipalities and counties. II1. Other Provisions of the New Law Other provisions appearing in the new laxv regard litigation in zoning and annexation matters. Rerfltction of Time to File Suit in Zoning Actio~s (Amends G.S. 160A-364. l & G.S. 1-54.1; Sections 5 & 7 of the new law) The new 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 la~v shortens this period to 2 months. No Counterclaints for Lost Tax' Revenue ilt Atmexation Ordinance Appeal (Amends 160A-38 & 160A-50: Sections 3 & 4 of the new law) Tile new law clarifies that municipalities cannot file counterclaims for lost properly tax revenues caused by appeals from aunexation ordinances. This provision is retroactive and became effective ou January 1, 1996. IV. Conclusion We urge you to revie~ your municipality's ordinances and notices to determine whether they are i~ compliance with the new law. Please contact tile League if you have questions about this new law or any other legislatiou.