§ 160A-362. Extraterritorial representation. - North Carolina Statutes

§ 160A‑362. Extraterritorial representation.

When a city elects to exerciseextraterritorial zoning or subdivision‑regulation powers under G.S. 160A‑360,it shall in the ordinance creating or designating its planning board provide ameans of proportional representation based on population for residents of theextraterritorial area to be regulated. Representation shall be provided byappointing at least one resident of the entire extraterritorial zoning andsubdivision regulation area to the planning board and the board of adjustmentthat makes recommendations or grants relief in these matters. For purposes ofthis section, an additional member must be appointed to the planning board orboard of adjustment to achieve proportional representation only when thepopulation of the entire extraterritorial zoning and subdivision areaconstitutes a full fraction of the municipality's population divided by thetotal membership of the planning board or board of adjustment. Membership ofjoint municipal county planning agencies or boards of adjustment may beappointed as agreed by counties and municipalities. Any advisory boardestablished prior to July 1, 1983, to provide the required extraterritorialrepresentation shall constitute compliance with this section until the board isabolished by ordinance of the city. The representatives on the planning boardand the board of adjustment shall be appointed by the board of countycommissioners with jurisdiction over the area. When selecting a newrepresentative to the planning board or to the board of adjustment as a resultof an extension of the extraterritorial jurisdiction, the board of countycommissioners shall hold a public hearing on the selection. A notice of thehearing shall be given once a week for two successive calendar weeks in anewspaper having general circulation in the area. The board of countycommissioners shall select appointees only from those who apply at or beforethe public hearing. The county shall make the appointments within 45 daysfollowing the public hearing. Once a city provides proportional representation,no power available to a city under G.S. 160A‑360 shall be ineffective inits extraterritorial area solely because county appointments have not yet beenmade. If there is an insufficient number of qualified residents of the area tomeet membership requirements, the board of county commissioners may appoint asmany other residents of the county as necessary to make up the requisitenumber. When the extraterritorial area extends into two or more counties, eachboard of county commissioners concerned shall appoint representatives from itsportion of the area, as specified in the ordinance. If a board of countycommissioners fails to make these appointments within 90 days after receiving aresolution from the city council requesting that they be made, the city councilmay make them. If the ordinance so provides, the outside representatives mayhave equal rights, privileges, and duties with the other members of the boardto which they are appointed, regardless of whether the matters at issue arisewithin the city or within the extraterritorial area; otherwise they shallfunction only with respect to matters within the extraterritorial area. (1959, c. 1204; 1961, c. 103;c. 548, ss. 1, 13/4; c. 1217; 1963, cc. 519, 889, 1076, 1105; 1965, c. 121; c.348, s. 2; c. 450, s. 1; c. 864, ss. 3‑6; 1967, cc. 15, 22, 149; c. 197,s. 2; cc. 246, 685; c. 1208, s. 3; 1969, cc. 11, 53; c. 1010, s. 5; c. 1099;1971, c. 698, s. 1; 1983, c. 584, ss. 1‑4; 1995 (Reg. Sess., 1996), c.746, s. 2; 2005‑418, s. 11.)