GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 746
The General Assembly of North Carolina enacts:
Section 1. G.S. 160A-360 is amended by adding a subsection to read:
"(a1) Any municipality planning to exercise extraterritorial jurisdiction under this Article shall notify the owners of all parcels of land proposed for addition to the area of extraterritorial jurisdiction, as shown on the county tax records. The notice shall be sent by first-class mail to the last addresses listed for affected property owners in the county tax records. The notice shall inform the landowner of the effect of the extension of extraterritorial jurisdiction, of the landowner's right to participate in a public hearing prior to adoption of any ordinance extending the area of extraterritorial jurisdiction, as provided in G.S. 160A-364, and 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, as provided in G.S. 160A-362. The notice shall be mailed at least four weeks prior to the public hearing. The person or persons mailing the notices shall certify to the city council that the notices were sent by first-class mail, and the certificate shall be deemed conclusive in the absence of fraud."
Sec. 2. G.S. 160A-362 reads as rewritten:
"§ 160A-362. Extraterritorial representation.
When a city elects to exercise extraterritorial zoning or
subdivision-regulation powers under G.S. 160A-360, it shall in the ordinance
creating or designating its planning agency or agencies provide a means of proportional
representation based on population for residents of the
extraterritorial area to be regulated. Representation shall be provided
by appointing residents at least one resident of the entire
extraterritorial zoning and subdivision regulation area to the planning
agency and the board of adjustment that makes recommendations or grants relief
in these matters. For purposes of this section, an additional member
must be appointed to the planning agency or board of adjustment to achieve
proportional representation only when the population of the entire
extraterritorial zoning and subdivision area constitutes a full fraction of the
municipality's population divided by the total membership of the planning
agency or board of adjustment. Membership of joint municipal county
planning agencies or boards of adjustment may be appointed as agreed by
counties and municipalities. Any advisory board established prior to
July 1, 1983, to provide the required extraterritorial representation shall
constitute compliance with this section until the board is abolished by
ordinance of the city. The representatives on the planning agency and the
board of adjustment shall be appointed by the board of county commissioners
with jurisdiction over the area. When selecting a new representative
to the planning agency or to the board of adjustment as a result of an
extension of the extraterritorial jurisdiction, the board of county
commissioners shall hold a public hearing on the selection. A notice of
the hearing shall be given once a week for two successive calendar weeks in a
newspaper having general circulation in the area. The board of county
commissioners shall select appointees only from those who apply at or before
the public hearing. The county shall make the appointments within 45 days
following the public hearing. Once a city provides proportional
representation, no power available to a city under G.S. 160A-360 shall be
ineffective in its extraterritorial area solely because county appointments
have not yet been made. If there is an insufficient number of qualified
residents of the area to meet membership requirements, the board of county
commissioners may appoint as many other residents of the county as necessary to
make up the requisite number. When the extraterritorial area extends into two
or more counties, each board of county commissioners concerned shall appoint
representatives from its portion of the area, as specified in the ordinance. If
a board of county commissioners fails to make these appointments within 90 days
after receiving a resolution from the city council requesting that they be
made, the city council may make them. If the ordinance so provides, the
outside representatives may have equal rights, privileges, and duties with the
other members of the agency to which they are appointed, regardless of whether
the matters at issue arise within the city or within the extraterritorial area;
otherwise they shall function only with respect to matters within the
extraterritorial area."
Sec. 3. G.S. 160A-50 is amended by adding a new subsection to read:
"(m) In any proceeding related to an annexation ordinance appeal under this section, a city shall not state a claim for lost property tax revenue caused by the appeal. Nothing in this Article shall be construed to mean that as a result of an appeal a municipality may assert a claim for property tax revenue lost during the pendency of the appeal."
Sec. 4. G.S. 160A-38 is amended by adding a new subsection to read:
"(l) In any proceeding related to an annexation ordinance appeal under this section, a city shall not state a claim for lost property tax revenue caused by the appeal. Nothing in this Article shall be construed to mean that as a result of an appeal a municipality may assert a claim for property tax revenue lost during the pendency of the appeal."
Sec. 5. G.S. 1-54.1 reads as rewritten:
"§ 1-54.1.
Nine Two months.
Within nine two months an action contesting the
validity of any zoning ordinance or amendment thereto adopted by a county under
Part 3 of Article 18 of Chapter 153A of the General Statutes or other
applicable law or adopted by a city under Chapter 160A of the General Statutes
or other applicable law."
Sec. 6. G.S. 153A-348 reads as rewritten:
"§ 153A-348. Statute of limitations.
A cause of action as to the validity of any zoning ordinance,
or amendment thereto, adopted under this Part or other applicable law shall
accrue upon adoption of the ordinance, or amendment thereto, and shall be
brought within nine two months as provided in G.S. 1-54.1."
Sec. 7. G.S. 160A-364.1 reads as rewritten:
"§ 160A-364.1. Statute of limitations.
A cause of action as to the validity of any zoning ordinance,
or amendment thereto, adopted under this Article or other applicable law shall
accrue upon adoption of the ordinance, or amendment thereto, and shall be
brought within nine two months as provided in G.S. 1-54.1."
Sec. 8. Sections 3 and 4 of this act become effective on and after January 1, 1996. All other sections of this act become effective October 1, 1996.
In the General Assembly read three times and ratified this the 21st day of June, 1996.
───────────────────
Dennis A. Wicker
President of the Senate
───────────────────
Harold J. Brubaker
Speaker of the House of Representatives