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AG 1997 07 21
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AG 1997 07 21
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Last modified
3/25/2002 6:29:29 PM
Creation date
11/27/2017 11:54:02 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/21/1997
Board
Board of Commissioners
Meeting Type
Regular
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NORTH CAROLINA LEAGUE OF MUNICIPALITIES <br />Albert Coates Local Government Center/West Lane and North Dawson Streets <br />P.O. Box 5069, Raleigh, North Carolina 27602-5069 (919)715-4000 <br /> FAX Number -- (919) 753-9519 <br /> <br />MEMORANDUM <br />September 16, 1996 <br /> <br />Managers, Clerks, Attorneys <br /> <br />From: <br /> <br />Andrew L. Romanet, Jr., General Counsel <br />Gregg F. Schwitzgebek IlL Assistant General Counsel <br /> <br />Subject: <br /> <br />Extraterritorial Jurisdiction (ET J) Legislation Effective October I, 1996 <br /> <br />During the 1996 short session of tile General Assembly, House Bill 1083 was ratified as .Chapter <br />746 of the 1995 Session Laws. The new legislation (hereinafter "the new law") amends existing <br />statutes dealing with extraterritorial jurisdiction that are the primary subject of this memo. The <br />new law also contains provisions regarding litigation in zoning at~d a,mexation matters. The <br />effective date of the new law is October I, 1996, except as otherwise noted. A copy of the <br />ratified bill is attached. <br /> <br />1. New Notice Requirements (Amends G.S. 160A-360; Section 1 of the new law) <br /> <br />Nolice by First Class Mail Requb'ed. When a municipality seeks to add area to its ETJ, it must <br />notify byfirst class mail the owners of all parcels of land proposed for the addition, as shown on <br />the county tax records. (The ,~otices shall be sent to the last addresses listed for affected property <br />owners in the county tax records.) The person(s) mailing the notices must certify to the city <br />council that the notices were sent by first-class mail <br /> <br />Tim#tg of notice. Tile notice must be mailed at least four weeks prior to the public hearing. <br /> <br />C'ot~lenl Of/to/ice. The flew law specifies that tile notice must contain tile following items: <br /> <br />(a) in formatio,~ regarding tile effect of the extensio,~ of extraterritorial jurisdiction; <br /> <br />(b) information regarding the landowner's right to participate in a public hearing <br />prior to adoption of'any ordinance extending the area of extraterritorial jurisdiction; <br /> <br />(c) i~lformation regarding the right of all residents of the area to apply to the board <br />of county commissioners tO serve as a represe,ltative on the plan,ling agency and <br />tile board of adjustment(sec Section II of this memo). <br /> <br />!I. Extraterritorial Repre~;entation on Planning Agencies and Boards of Ad_iustmen[ <br />(Amends G.S. t60A-362: Section 2 of the new law) <br /> <br />Representation to he Proporlio~tal Based on Prq~ttle~tion A municipality exercising powers <br />within its ETJ must ensure that citizens of the ETJ have proportional representation on the <br />planning age,~cy and board of adjustment. Tile ordinat~ce creating or designating these bodies <br />must provide for proportional representation based on population for residents of the ETJ. The <br /> <br /> <br />
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