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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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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/21/1997
Board
Board of Commissioners
Meeting Type
Regular
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new law specifies that at least one resident of the entire ETJ regulation area must be appointed <br />(by the board of county commissioners as explained below) to the planning agency and board of <br />adjustment. <br /> <br />ETJ Representative Chosen by Board of CounO, Comndssioners. The new law specifies that the <br />ETJ representative(s) is to be chosen by the board of county commissioners. The county <br />commissioners are to hold a public hearing before selecting an ETJ representative and they have <br />45 days after the public hearing to make the appointment(s), if the county commissioners fail to <br />make the appointment within 90 days after receiving a resolution from the city council <br />requesting that the appointment be made, the city council may make the appointment(s). <br /> <br />Eligibilily All residents of the ETJ have the right to apply to the board of county <br />commissioners to serve as a representative. To be considered,-ETJ residents must <br />apply at or before the public hearing held by the county commissioners (which is to <br />be advertised by a notice of hearing given once a week for at least two successive <br />calendar weeks in a newspaper having general circulation in the ETJ area). <br /> <br />Future Addition of £T,l Represent~ttives based on Growing Populations-- Full Fraction Rule. An <br />additional ETJ representative must be added to achieve proportional representation only when <br />the population of the entire ETJ constitutes a full fraction of the municipality's population <br />divided by the total membership of the planning agency or board of adjustment. <br /> <br />City-Co,mo: Platming Agencies & Boards of Adjustment Membership ofjoint planning agencies <br />and joint boards of adjustment may be appointed as agreed upon by municipalities and counties. <br /> <br />III. Qther Provisions of the New Law <br /> <br />Other provisions appearing in the new law regard litigation in zoning and annexation matters. <br /> <br />Reduction of Time to File Suit in Zoning Actions (Amends G.S. 160A-364. I & G.S. <br />1-54.1; Sections 5 & 7 of the new law) <br /> <br />Tile new law shortens tile time to file suit (statute of limitations) to challenge <br />tile validity of any zoning ordinance or amendment to a zoning ordinance. <br />Previously, there was a 9 month period of time from the adoption of the <br />ordinance/an~endment. The new law shortens this period to 2 months. <br /> <br />No Counterclaims for Lost Tax' Revenue in Amtexalion Ordinance Appeal (Amends <br />160A-38 & 160A-50: Sections 3 & 4 ofthe new law) <br /> <br />The new law clarifies that municipalities cannot file counterclaims for lost <br />property tax revenues caused by appeals from mmexation ordinances. This <br />provision is retroactive and became effective on January I, 1996. <br /> <br />IV. Conclusion <br /> <br />We urge you to review your municipality's ordinances and notices to determine whether they are <br />in compliance with tile new law. Please contact tile League if you have questions about this new <br />law or any other legislation. <br /> <br /> <br />
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