AG 1997 06 16 - Laserfiche WebLink

Home Browse Search

new law specifies that at least 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 Comntissioners. The new law specifies that the ETJ representative(s) is to be chosen by the board of county commissioners. The county commissioners are to bold 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 the appointment be made. the city council may make the appointment(s). Eligibility All residents of tile 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 circulation in the ETJ area). Future Addition of ET,/ Representatives 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 by the total membership of the planning agency or board of adjustment. City-Cow~O, Planning Agencies' & Boards of Adjustment Membership of joint planning agencies and joint boards of adjustment may be appointed as agreed upou by municipalities and counties. IIL Qther Provisions of the New Law Other provisions appearing in tile new law regard litigation in zoning and annexation matters. Reduction of Time to File Suit in Zoning Actions (Amends G.S. 160A-364. I & G.S. 1-54. I: Sections 5 & 7 oflhe new law) The new law shortens tile 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/amend,nent. The new law shortens this period to 2 months. No Counterclaims.for Lost Tar Revenue in Annexation Ordinance Appeal (Amends 160A-38 & 160A-50: Scctions 3 & 4 of the new law) The new law clarifies that municipalities cannot file counterclaims for lost property tax revenues caused by appeals from annexation ordinances. This provision is retroactive 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.