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NORTH CAROLINA LEAGUE OF MUNICIPALITIES Albert Coates Local Government Center/West Lane and North Dawson Streets P.O. Box 3069, Raleigh, North Carolina 27602-5069 (919)715-4000 FAX Number -- (919) 755-9519 MEMORANDUM September 16, 1996 'Fo: Managers, Clerks, Attorneys From: Andrew L. Romanet, Jr., General Counsel Gregg F. Schwitzgebek [[I, Assistant General Counsel Subject: Extraterritorial Jurisdiction (ET J) Legislation Effective October I, 1996 During the 1996 short session of the General Assembly, House Bill 1083 was ratified as Chapter 746 of the 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 1 of the new law) Notice by First Class 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 the county tax records.) The person(s) mailing the notices must certify to the city council that the notices were sent by first-class mail. Tim#~g of notice. The notice must be mailed at least four weeks prior to the public hearing. Content ofnolice. The new law specifies that the notice must contain the following items: (a) information regarding the 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 regaMing the right of all residents of the area to apply to the board of county commissioners tO serve as a representative on the planning agency and the board of adjustment {see Section [I of this memo). Il. Extraterritorial Representation on Planning Aeencies and Boards of Adjustment (Amends G.S. 160A-362: Section 2 of the new law) Representation to be Proportional B(zi'ed on Polndation A municipality exercising powers within its ETJ must ensure thai citizens of tile ETJ have proportional representation on the planning agency and board of adjt,stment. The ordinance creating or designating these bodies must provide for proportional representation based on population for residents of the ETJ. The