Bill Text: NC H51 | 2015-2016 | Regular Session | Amended
Bill Title: Justice for Rural Citizens Act
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2015-04-28 - Re-ref Com On Rules, Calendar, and Operations of the House [H51 Detail]
Download: North_Carolina-2015-H51-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 1
HOUSE BILL 51
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Short Title: Justice for Rural Citizens Act. |
(Public) |
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Sponsors: |
Representatives Pittman, Speciale, and Ford (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site. |
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Referred to: |
Local Government, if favorable, Finance. |
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February 5, 2015
A BILL TO BE ENTITLED
AN ACT to remove the injustice of extraterritorial planning jurisdiction by declaring that no city in the state may have or exercise planning jurisdiction outside its corporate limits.
Whereas, under current State law, any city may exercise planning jurisdiction under Article 19 of Chapter 160A of the General Statutes within a defined area extending not more than one mile beyond its corporate limits; and
Whereas, with the approval of the board of county commissioners with jurisdiction over the area, a city of 10,000 or more but less than 25,000 may exercise planning jurisdiction over an area extending not more than two miles beyond its corporate limits, and a city of 25,000 or more may exercise these powers over an area extending not more than three miles beyond its limits; and
Whereas, the citizens who live in an area over which a city exercises exterritorial planning jurisdiction are prohibited from voting in municipal elections; and
Whereas, without the ability to vote in city elections to choose the persons who will make planning decisions about the areas in which they live, rural citizens do not have a say in some of the important matters that affect their lives and livelihoods; Now, therefore,
The General Assembly of North Carolina enacts:
PART I. EXTRATERRITORIAL PLANNING JURISDICTION PROHIBITED
SECTION 1. G.S. 160A‑360 reads as rewritten:
"§ 160A‑360.
Territorial jurisdiction.Limits on planning powers.
(a) All of the powers granted by this Article may be
exercised by any city within its corporate limits. In addition, any city may
exercise these powers within a defined area extending not more than one mile
beyond its limits. With the approval of the board or boards of county
commissioners with jurisdiction over the area, a city of 10,000 or more
population but less than 25,000 may exercise these powers over an area
extending not more than two miles beyond its limits and a city of 25,000 or
more population may exercise these powers over an area extending not more than
three miles beyond its limits. The boundaries of the city's extraterritorial
jurisdiction shall be the same for all powers conferred in this Article. No
city may exercise extraterritorially any power conferred by this Article that
it is not exercising within its corporate limits. In determining the population
of a city for the purposes of this Article, the city council and the board of
county commissioners may use the most recent annual estimate of population as
certified by the Secretary of the North Carolina Department of Administration.
(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 board 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.
(b) Any council wishing to exercise
extraterritorial jurisdiction under this Article shall adopt, and may amend
from time to time, an ordinance specifying the areas to be included based upon
existing or projected urban development and areas of critical concern to the
city, as evidenced by officially adopted plans for its development. Boundaries
shall be defined, to the extent feasible, in terms of geographical features
identifiable on the ground. A council may, in its discretion, exclude from its
extraterritorial jurisdiction areas lying in another county, areas separated
from the city by barriers to urban growth, or areas whose projected development
will have minimal impact on the city. The boundaries specified in the ordinance
shall at all times be drawn on a map, set forth in a written description, or
shown by a combination of these techniques. This delineation shall be
maintained in the manner provided in G.S. 160A‑22 for the
delineation of the corporate limits, and shall be recorded in the office of the
register of deeds of each county in which any portion of the area lies.
(c) Where the extraterritorial jurisdiction
of two or more cities overlaps, the jurisdictional boundary between them shall
be a line connecting the midway points of the overlapping area unless the city
councils agree to another boundary line within the overlapping area based upon
existing or projected patterns of development.
(d) If a city fails to adopt an ordinance
specifying the boundaries of its extraterritorial jurisdiction, the county of
which it is a part shall be authorized to exercise the powers granted by this
Article in any area beyond the city's corporate limits. The county may also, on
request of the city council, exercise any or all these powers in any or all
areas lying within the city's corporate limits or within the city's specified
area of extraterritorial jurisdiction.
(e) No city may hereafter extend its
extraterritorial powers under this Article into any area for which the county
at that time has adopted and is enforcing a zoning ordinance and subdivision
regulations and within which it is enforcing the State Building Code. However,
the city may do so where the county is not exercising all three of these
powers, or when the city and the county have agreed upon the area within which
each will exercise the powers conferred by this Article.
(f)(b) When a city annexes,annexes
or a new city is incorporated in, or a city extends its jurisdiction to
include, in an area that is currently being regulated by the county,county
under this Article or Article 18 of Chapter 153A of the General Statutes,
the county regulations and powers of enforcement shall remain in effect until
(i) the city has adopted such regulations, or (ii) a period of 60 days has
elapsed following the annexation, extensionannexation or
incorporation, whichever is sooner. During this period the city may hold
hearings and take any other measures that may be required in order to adopt its
regulations for the area.
(f1) When a city relinquishes jurisdiction
over an area that it is regulating under this Article to a county, the city
regulations and powers of enforcement shall remain in effect until (i) the
county has adopted this regulation or (ii) a period of 60 days has elapsed
following the action by which the city relinquished jurisdiction, whichever is
sooner. During this period the county may hold hearings and take other measures
that may be required in order to adopt its regulations for the area.
(g) When a local government is granted
powers by this section subject to the request, approval, or agreement of
another local government, the request, approval, or agreement shall be
evidenced by a formally adopted resolution of that government's legislative
body. Any such request, approval, or agreement can be rescinded upon two years'
written notice to the other legislative bodies concerned by repealing the
resolution. The resolution may be modified at any time by mutual agreement of
the legislative bodies concerned.
(h) Nothing in this section shall repeal,
modify, or amend any local act which defines the boundaries of a city's
extraterritorial jurisdiction by metes and bounds or courses and distances.
(i) Whenever a city or county, pursuant to
this section, acquires jurisdiction over a territory that theretofore has been
subject to the jurisdiction of another local government, any person who has
acquired vested rights under a permit, certificate, or other evidence of
compliance issued by the local government surrendering jurisdiction may
exercise those rights as if no change of jurisdiction had occurred. The city or
county acquiring jurisdiction may take any action regarding such a permit,
certificate, or other evidence of compliance that could have been taken by the
local government surrendering jurisdiction pursuant to its ordinances and
regulations. Except as provided in this subsection, any building, structure, or
other land use in a territory over which a city or county has acquired
jurisdiction is subject to the ordinances and regulations of the city or
county.
(j) Repealed by Session Laws 1973, c. 669,
s. 1.
(k) As used in this subsection, "bona
fide farm purposes" is as described in G.S. 153A‑340. As used
in this subsection, "property" means a single tract of property or an
identifiable portion of a single tract. Property that is located in the
geographic area of a municipality's extraterritorial jurisdiction and that is
used for bona fide farm purposes is exempt from exercise of the municipality's
extraterritorial jurisdiction under this Article. Property that is located in
the geographic area of a municipality's extraterritorial jurisdiction and that
ceases to be used for bona fide farm purposes shall become subject to exercise
of the municipality's extraterritorial jurisdiction under this Article. For
purposes of complying with 44 C.F.R. Part 60, Subpart A, property that is
exempt from the exercise of extraterritorial jurisdiction pursuant to this
subsection shall be subject to the county's floodplain ordinance or all
floodplain regulation provisions of the county's unified development ordinance.
(l) A municipality may provide in its
zoning ordinance that an accessory building of a "bona fide farm" as
defined by G.S. 153A‑340(b) has the same exemption from the building
code as it would have under county zoning as provided by Part 3 of Article 18
of Chapter 153A of the General Statutes.
This subsection applies only to the City of Raleigh and
the Towns of Apex, Cary, Fuquay‑Varina, Garner, Holly Springs,
Knightdale, Morrisville, Rolesville, Wake Forest, Wendell, and Zebulon."
SECTION 2. G.S. 160A‑361 reads as rewritten:
"§ 160A‑361. Planning boards.
(a) Any city may by ordinance create or designate one or more boards or commissions to perform the following duties:
(1) Make studies of the area within its jurisdiction
and surrounding areas;the city's corporate limits;
…."
SECTION 3. G.S. 160A‑362 is repealed.
SECTION 4. Any provision in a local act that grants a city, town, or village the power to exercise extraterritorial planning jurisdiction under Article 19 of Chapter 160A of the General Statutes is hereby repealed.
SECTION 5. The relinquishment of jurisdiction over an area that a city is regulating under the authority of extraterritorial planning jurisdiction under Article 19 of Chapter 160A of the General Statutes shall be effective January 1, 2016. However, nothing in this act shall be construed as prohibiting a city from relinquishing jurisdiction over an area prior to January 1, 2016, so long as the city complies with the provisions of Article 19 of Chapter 160A of the General Statutes.
SECTION 6. Upon relinquishment of the jurisdiction over an area that a city is regulating under the authority of extraterritorial planning jurisdiction under Article 19 of Chapter 160A of the General Statutes:
(1) The city regulations and powers of enforcement
shall remain in effect until (i) the county has adopted the regulation or (ii)
a period of 60 days has elapsed following the effective date of this act,
whichever is sooner. During this period, the county may hold hearings and take
other measures that may be required in order to adopt its regulations for the
area.
(2) Any person who has acquired vested rights under a permit, certificate, or other evidence of compliance issued by the city may exercise those rights as if no change of jurisdiction had occurred. The county acquiring jurisdiction may take any action regarding such a permit, certificate, or other evidence of compliance that could have been taken by the city surrendering jurisdiction pursuant to its ordinances and regulations. Except as provided in this section, any building, structure, or other land use in a territory over which a county has acquired jurisdiction is subject to the ordinances and regulations of the county.
PART II. CONFORMING CHANGES
SECTION 7. G.S. 113A‑208 reads as rewritten:
"§ 113A‑208. Regulation of mountain ridge construction by counties and cities.
…
(d) An ordinance adopted under the authority of this
section applies to all protected mountain ridges as defined in G.S. 113A‑206.
A county or city may apply the ordinance to other mountain ridges within its
jurisdiction if it finds that this application is reasonably necessary to
protect against some or all of the hazards or problems set forth in G.S. 113A‑207.
Additionally, a city with a population of 50,000 or more may apply the
ordinance to other mountain ridges within its extraterritorial planning
jurisdiction if it finds that this application is reasonably necessary to
protect against some or all of the hazards or problems set forth in G.S. 113A‑207.
…."
SECTION 8. G.S. 122C‑3 reads as rewritten:
"§ 122C‑3. Definitions.
The following definitions apply in this Chapter:
…
(13e) "Extraterritorial jurisdiction" means the boundaries of the area over which the Town of Butner was exercising extraterritorial planning jurisdiction under Article 19 of Chapter 160A of the General Statutes prior to the Town's relinquishment of jurisdiction over the area on or before January 1, 2016.
…."
SECTION 9. G.S. 122C‑403 reads as rewritten:
"§ 122C‑403. Secretary's authority over Camp Butner reservation.
The Secretary shall administer the Camp Butner reservation
except (i) those areas within the municipal boundaries of the Town of Butner
and (ii) that portion of the Town of Butner's extraterritorial jurisdiction jurisdiction,
as defined in G.S. 122C‑3(13e), consisting of lands not owned by
the State of North Carolina. In performing this duty, the Secretary has the
powers listed below. In exercising these powers the Secretary has the same
authority and is subject to the same restrictions that the governing body of a
city would have and would be subject to if the reservation was a city, unless this
section provides to the contrary. The Secretary may:
…."
SECTION 10. G.S. 122C‑405 reads as rewritten:
"§ 122C‑405. Procedure applicable to rules.
Rules adopted by the Secretary under this Article shall be adopted in accordance with the procedures for adopting a city ordinance on the same subject, shall be subject to review in the manner provided for a city ordinance adopted on the same subject, and shall be enforceable in accordance with the procedures for enforcing a city ordinance on the same subject. Violation of a rule adopted under this Article is punishable as provided in G.S. 122C‑406.
Rules adopted under this Article may apply to part or all of
the Camp Butner Reservation, except those areas within the municipal boundaries
of the Town of Butner and that portion of the Town of Butner's extraterritorial
jurisdiction jurisdiction, as defined in G.S. 122C‑3(13e),
consisting of lands not owned by the State of North Carolina. If a public
hearing is required before the adoption of a rule, Advisory the Secretary shall
designate one or more employees of the Department to conduct the hearing. The
Butner Town Council shall receive at least 14 days' advance written notice of
any public hearing with all correspondence concerning such public hearings to
be directed to the mayor of the Town of Butner and sent by certified mail,
return receipt requested, or equivalent delivery service to Butner Town Hall."
SECTION 11. G.S. 122C‑410 reads as rewritten:
"§ 122C‑410. Authority of county or city over Camp Butner Reservation; zoning jurisdiction by Town of Butner over State lands.
(a) A municipality other than the Town of Butner may
not annex territory extending into or extend its extraterritorial
jurisdiction into the Camp Butner reservation without written approval from
the Secretary and the Butner Town Council of each proposed annexation or
extension.annexation. The Town of Butner may not annex territory
extending into or extend its extraterritorial jurisdiction into those
portions of the Camp Butner Reservation owned by the State of North Carolina
without written approval from the Secretary of each proposed annexation or
extension. annexation. The procedures, if any, for withdrawing
approval granted by the Secretary to an annexation or extension of
extraterritorial jurisdiction shall be stated in the notice of approval.
(b) A county ordinance may apply in part or all of the
Camp Butner reservation (other than areas within the Town of Butner) if the
Secretary gives written approval of the ordinance, except that ordinances
adopted by a county under Article 18 of Chapter 153A of the General Statutes
may not apply in the extraterritorial jurisdiction of the Town of Butner
without approval of the Butner Town Council. ordinance. The
Secretary may withdraw approval of a county ordinance by giving written
notification, by certified mail, return receipt requested, to the county. A
county ordinance ceases to be effective in the Camp Butner reservation 30 days
after the county receives the written notice of the withdrawal of approval.
This section does not enhance or diminish the authority of a county to enact
ordinances applicable to the Town of Butner and its extraterritorial
jurisdiction.Butner.
(c) Notwithstanding any other provision of this
Article, no portion of the lands owned by the State as of September 1, 2007,
which are located in the extraterritorial jurisdiction or the incorporated
limits of the Town of Butner shall be subject to any of the powers granted to
the Town of Butner pursuant to Article 19 of Chapter 160A of the General
Statutes except as to property no longer owned by the State. If any portion of
such property owned by the State of North Carolina as of September 1, 2007, is
no longer owned by the State, the Town of Butner may exercise all legal
authority granted to the Town pursuant to the terms of its charter or by
Article 19 of Chapter 160A of the General Statutes and may do so by ordinances
adopted prior to the actual date of transfer. Before the State shall dispose of
any property inside the incorporated limits of the Town of Butner or any of
that property currently under the control of the North Carolina Department of
Health and Human Services or the North Carolina Department of Agriculture and
Consumer Services within the extraterritorial jurisdictionjurisdiction,
as defined in G.S. 122C‑3(13e), of the Town of Butner, southeast
of Old Highway 75, northeast of Central Avenue, southwest of 33rd Street, and
northwest of "G" Street, by sale or lease for any use not directly
associated with a State function, the Town of Butner shall first be given the
right of first refusal to purchase said property at fair market value as
determined by the average of the value of said property as determined by a
qualified appraiser selected by the Secretary and a qualified appraiser
selected by the Town of Butner."
SECTION 12. G.S. 130A‑317 reads as rewritten:
"§ 130A‑317. Department to provide advice; submission and approval of public water system plans.
…
(d) Municipalities, counties, local boards or commissions, water and sewer authorities, or groups of municipalities and counties may establish and administer within their utility service areas their own approval program in lieu of State approval of water system plans required in subsection (c) of this section for construction or alteration of the distribution system of a proposed or existing public water system, subject to the prior certification of the Department. For purposes of this subsection, the service area of a municipality shall include only that area within the corporate limits of the municipality and that area outside a municipality in its extraterritorial jurisdiction where water service is already being provided to the permit applicant by the municipality or connection to the municipal water system is immediately available to the applicant; the service areas of counties and the other entities or groups shall include only those areas where water service is already being provided to the applicant by the permitting authority or connection to the permitting authority's system is immediately available. For purposes of this subsection, the term "extraterritorial jurisdiction" means the boundaries of the area over which a municipality was exercising extraterritorial planning jurisdiction under Article 19 of Chapter 160A of the General Statutes prior to the municipality's relinquishment of jurisdiction over the area on or before January 1, 2016. No later than the 180th day after the receipt of an approval program and statement submitted by any local government, commission, authority, or board, the Department shall certify any local program that meets all of the following conditions:
…."
SECTION 13. G.S. 136‑44.50 reads as rewritten:
"§ 136‑44.50. Transportation corridor official map act.
(a) A transportation corridor official map may be adopted or amended by any of the following:
(1) The governing board of any local government for any thoroughfare included as part of a comprehensive plan for streets and highways adopted pursuant to G.S. 136‑66.2 or for any proposed public transportation corridor included in the adopted long‑range transportation plan.
(2) The Board of Transportation, or the governing board of any county, for any portion of the existing or proposed State highway system or for any public transportation corridor, to include rail, that is in the Transportation Improvement Program.
(3) Regional public transportation authorities created pursuant to Article 26 of Chapter 160A of the General Statutes or regional transportation authorities created pursuant to Article 27 of Chapter 160A of the General Statutes for any portion of the existing or proposed State highway system, or for any proposed public transportation corridor, or adjacent station or parking lot, included in the adopted long‑range transportation plan.
(4) The North Carolina Turnpike Authority for any project being studied pursuant to G.S. 136‑89.183.
(5) The Wilmington Urban Area Metropolitan Planning Organization for Department projects R‑3300 and U‑4751.
Before a city adopts a transportation corridor official
map that extends beyond the extraterritorial jurisdiction of its building
permit issuance and subdivision control ordinances, or adopts an amendment to a
transportation corridor official map outside the extraterritorial jurisdiction
of its building permit issuance and subdivision control ordinances, the city
shall obtain approval from the Board of County Commissioners.
(a1) No property may be regulated under this Article until:
(1) The governing board of the city, the county, the regional transportation authority, the North Carolina Turnpike Authority, or the Department of Transportation has held a public hearing in each county affected by the map on the proposed map or amendment. Notice of the hearing shall be provided:
a. By publication at least once a week for four successive weeks prior to the hearing in a newspaper having general circulation in the county in which the transportation corridor to be designated is located.
b. By two week written notice to the Secretary of
Transportation, the Chairman of the Board of County Commissioners, and the
Mayor of any city or town through whose corporate or extraterritorial
jurisdiction limits the transportation corridor passes.
c. By posting copies of the proposed transportation corridor map or amendment at the courthouse door for at least 21 days prior to the hearing date. The notice required in sub‑subdivision a. above shall make reference to this posting.
d. By first‑class mail sent to each property owner affected by the corridor. The notice shall be sent to the address listed for the owner in the county tax records.
…."
SECTION 14. G.S. 136‑55.1 reads as rewritten:
"§ 136‑55.1. Notice of abandonment.
(a) At least 60 days prior to any action by the Department of Transportation abandoning a segment of road and removing the same from the State highway system for maintenance, except roads abandoned on request of the county commissioners under G.S. 136‑63, the Department of Transportation shall notify by registered mail or personal delivery all owners of property adjoining the section of road to be abandoned whose whereabouts can be ascertained by due diligence. Said notice shall describe the section of road which is proposed to be abandoned and shall give the date, place and time of the Department of Transportation meeting at which the action abandoning said section of road is to be taken.
(b) In keeping with its overall zoning scheme and
long‑range plans regarding the extraterritorial jurisdiction area, a A
municipality may keep open and assume responsibility for maintenance of a
road within one mile of its corporate limits once it is abandoned from the
State highway system."
SECTION 15. G.S. 136‑63 reads as rewritten:
"§ 136‑63. Change or abandonment of roads.
(a) The board of county commissioners of any county may, on its own motion or on petition of a group of citizens, request the Board of Transportation to change or abandon any road in the secondary system when the best interest of the people of the county will be served thereby. The Board of Transportation shall thereupon make inquiry into the proposed change or abandonment, and if in its opinion the public interest demands it, shall make such change or abandonment. If the change or abandonment shall affect a road connecting with any street of a city or town, the change or abandonment shall not be made until the street‑governing body of the city or town shall have been duly notified and given opportunity to be heard on the question. Any request by a board of county commissioners or street‑governing body of a city refused by the Board of Transportation may be presented again upon the expiration of 12 months.
(b) In keeping with its overall zoning scheme and
long‑range plans regarding the extraterritorial jurisdiction area, aA
municipality may keep open and assume responsibility for maintenance of a road
within one mile of its corporate limits once it is abandoned from the State
highway system."
SECTION 16. G.S. 136‑66.3 reads as rewritten:
"§ 136‑66.3. Local government participation in improvements to the State transportation system.
(a) Municipal Participation Authorized. – A
municipality may, but is not required to, participate in the right‑of‑way
and construction cost of a State transportation improvement approved by the
Board of Transportation under G.S. 143B‑350(f)(4) that is located in
the municipality or its extraterritorial jurisdiction.municipality.
…."
SECTION 17. G.S. 143‑138 reads as rewritten:
"§ 143‑138. North Carolina State Building Code.
…
(e) Effect upon Local Codes. – Except as otherwise provided
in this section, the North Carolina State Building Code shall apply throughout
the State, from the time of its adoption. Approved rules shall become effective
in accordance with G.S. 150B‑21.3. However, any political
subdivision of the State may adopt a fire prevention code and floodplain
management regulations within its jurisdiction. The territorial jurisdiction of
any municipality or county for this purpose, unless otherwise specified by the
General Assembly, shall be as follows: Municipal jurisdiction shall include all
areas within the corporate limits of the municipality and extraterritorial
jurisdiction areas established as provided in G.S. 160A‑360 or a
local act;municipality; county jurisdiction shall include all other
areas of the county. No such code or regulations, other than floodplain
management regulations and those permitted by G.S. 160A‑436, shall
be effective until they have been officially approved by the Building Code
Council as providing adequate minimum standards to preserve and protect health
and safety, in accordance with the provisions of subsection (c) above. Local
floodplain regulations may regulate all types and uses of buildings or
structures located in flood hazard areas identified by local, State, and
federal agencies, and include provisions governing substantial improvements,
substantial damage, cumulative substantial improvements, lowest floor
elevation, protection of mechanical and electrical systems, foundation
construction, anchorage, acceptable flood resistant materials, and other
measures the political subdivision deems necessary considering the
characteristics of its flood hazards and vulnerability. In the absence of
approval by the Building Code Council, or in the event that approval is
withdrawn, local fire prevention codes and regulations shall have no force and
effect. Provided any local regulations approved by the local governing body
which are found by the Council to be more stringent than the adopted statewide
fire prevention code and which are found to regulate only activities and
conditions in buildings, structures, and premises that pose dangers of fire,
explosion or related hazards, and are not matters in conflict with the State
Building Code, shall be approved. Local governments may enforce the fire
prevention code of the State Building Code using civil remedies authorized
under G.S. 143‑139, 153A‑123, and 160A‑175. If the
Commissioner of Insurance or other State official with responsibility for
enforcement of the Code institutes a civil action pursuant to G.S. 143‑139,
a local government may not institute a civil action under G.S. 143‑139,
153A‑123, or 160A‑175 based upon the same violation. Appeals from
the assessment or imposition of such civil remedies shall be as provided in G.S. 160A‑434.
A local government may not adopt any ordinance in conflict with the exemption provided by subsection (c1) of this section. No local ordinance or regulation shall be construed to limit the exemption provided by subsection (c1) of this section.
…."
SECTION 18. G.S. 143‑215.1 reads as rewritten:
"§ 143‑215.1. Control of sources of water pollution; permits required.
…
(f) Local Permit Programs for Sewer Extension and Reclaimed Water Utilization. – Municipalities, counties, local boards or commissions, water and sewer authorities, or groups of municipalities and counties may establish and administer within their utility service areas their own general permit programs in lieu of State permit required in G.S. 143‑215.1(a)(2), (3), and (8) above, for construction, operation, alteration, extension, change of proposed or existing sewer system, subject to the prior certification of the Commission. For purposes of this subsection, the service area of a municipality shall include only that area within the corporate limits of the municipality and that area outside a municipality in its extraterritorial jurisdiction where sewer service or a reclaimed water utilization system is already being provided by the municipality to the permit applicant or connection to the municipal sewer system or a reclaimed water utilization system is immediately available to the applicant; the service areas of counties and the other entities or groups shall include only those areas where sewer service or a reclaimed water utilization system is already being provided to the applicant by the permitting authority or connection to the permitting authority's system is immediately available. For purposes of this subsection, the term "extraterritorial jurisdiction" means the boundaries of the area over which a municipality was exercising extraterritorial planning jurisdiction under Article 19 of Chapter 160A of the General Statutes prior to the municipality's relinquishment of jurisdiction over the area on or before January 1, 2016. No later than the 180th day after the receipt of a program and statement submitted by any local government, commission, authority, or board the Commission shall certify any local program that does all of the following:
…."
SECTION 19. G.S. 143‑215.57 reads as rewritten:
"§ 143‑215.57. Procedures in issuing permits.
…
(b) In prescribing standards and requirements for the
issuance of permits under this Part and in issuing permits, local governments
shall proceed as in the case of an ordinance for the better government of the
county or city as the case may be. A city may exercise the powers granted in
this Part not only within its corporate boundaries but also within
the area of its extraterritorial zoning jurisdiction. boundaries. A
county may exercise the powers granted in this Part at any place within the
county that is outside the zoning jurisdiction of a city in the county. If a
city does not exercise the powers granted in this Part in the city's
extraterritorial zoning jurisdiction, the county may exercise the powers
granted in this Part in the city's extraterritorial zoning jurisdiction.The
county may regulate territory within the zoning jurisdiction of any city whose
governing body, by resolution, agrees to the regulation. The governing body of
a city may, upon one year's written notice, withdraw its approval of the county
regulations, and those regulations shall have no further effect within the city's
jurisdiction.
…."
SECTION 20. G.S. 153A‑317.14 reads as rewritten:
"§ 153A‑317.14. Extension of economic development and training districts.
(a) Standards. – A board of commissioners may by resolution annex territory to an economic development and training district upon finding that:
(1) The conditions, covenants, restrictions, and reservations required by G.S. 153A‑317.12(a)(1) that apply to all real property in the district, other than property owned by the federal, State, or local government, also apply or will apply to the property, other than property owned by the federal government, to be annexed.
(2) One hundred percent (100%) of the owners of real property in the area to be annexed have petitioned for annexation.
(3) The district, following the annexation, will continue to meet the standards set out in G.S. 153A‑317.12(a).
(4) The reasonably anticipated training needs of the existing companies in the area to be annexed and of new companies that may locate within the expanded area can be met by the skills training facility located in the district.
(5) The area to be annexed is either contiguous to a lot, parcel, or tract of land in the district or at least 500 acres in the aggregate counting all parcels proposed for annexation. A property shall, for purposes of this section, be deemed to be contiguous notwithstanding that it may be separated from other property by a street, road, highway, right‑of‑way, or easement.
(6) If any of the area proposed to be annexed
to the district is wholly or partially within the extraterritorial jurisdiction
of a municipality, then it shall be necessary to first obtain the affirmative
vote of a majority of the members of the governing body of the municipality
before the area can be annexed.
…."
SECTION 21. G.S. 160A‑58.4 reads as rewritten:
"§ 160A‑58.4. Extraterritorial powers.
Satellite corporate limits shall not be considered a part of
the city's corporate limits for the purposes of extraterritorial land‑use
regulation pursuant to G.S. 160A‑360, or abatement of public
health nuisances pursuant to G.S. 160A‑193. However, a city's power
to regulate land use pursuant to Chapter 160A, Article 19, or to abate public
health nuisances pursuant to G.S. 160A‑193,G.S. 160A‑193
shall be the same within satellite corporate limits as within its primary
corporate limits."
SECTION 22. G.S. 160A‑176.1 reads as rewritten:
"§ 160A‑176.1. Ordinances effective in Atlantic Ocean.
(a) A city may adopt ordinances to regulate and
control swimming, surfing and littering in the Atlantic Ocean adjacent to that
portion of the city within its boundaries or within its extraterritorial
jurisdiction;boundaries; provided, however, nothing contained herein
shall be construed to permit any city to prohibit altogether swimming and
surfing or to make these activities unlawful.
(b) This section shall apply only to cities in the counties of Brunswick, Carteret, Currituck, Dare, Hyde, New Hanover, Onslow, and Pender."
SECTION 23. G.S. 160A‑176.2 reads as rewritten:
"§ 160A‑176.2. Ordinances effective in Atlantic Ocean.
(a) A city may adopt ordinances to regulate and
control swimming, personal watercraft operation, surfing and littering in the Atlantic
Ocean and other waterways adjacent to that portion of the city within its boundaries
or within its extraterritorial jurisdiction; boundaries; provided,
however, nothing contained herein shall be construed to permit any city to
prohibit altogether swimming or surfing or to make these activities unlawful.
(b) Subsection (a) of this section applies to the Towns of Atlantic Beach, Calabash, Cape Carteret, Carolina Beach, Caswell Beach, Duck, Emerald Isle, Holden Beach, Kill Devil Hills, Kitty Hawk, Manteo, Nags Head, Oak Island, Ocean Isle Beach, Southern Shores, Sunset Beach, Topsail Beach, and Wrightsville Beach, and the City of Southport only."
SECTION 24. G.S. 160A‑199 reads as rewritten:
"§ 160A‑199. Regulation of outdoor advertising.
…
(m) This section does not apply to any ordinance in
effect on the effective date of this section. A city may amend an ordinance in
effect on the effective date of this section to extend application of the
ordinance to off‑premises outdoor advertising located in territory
acquired by annexation or located in the extraterritorial jurisdiction of
the city.annexation. A city may repeal or amend an ordinance in
effect on the effective date of this section so long as the amendment to the
existing ordinance does not reduce the period of amortization in effect on the
effective date of this section.
…."
SECTION 25. G.S. 160A‑296 reads as rewritten:
"§ 160A‑296. Establishment and control of streets; center and edge lines.
…
(a1) A city with a population of 250,000 or
over according to the most recent decennial federal census may also exercise
the power granted by subdivision (a)(3) of this section within its
extraterritorial planning jurisdiction. Before a city makes improvements under
this subsection, it shall enter into a memorandum of understanding with the
Department of Transportation to provide for maintenance.
…."
SECTION 26. G.S. 160A‑299 reads as rewritten:
"§ 160A‑299. Procedure for permanently closing streets and alleys.
…
(d) This section shall apply to any street or public
alley within a city or its extraterritorial jurisdiction that has been
irrevocably dedicated to the public, without regard to whether it has actually
been opened. This section also applies to unopened streets or public alleys
that are shown on plats but that have not been accepted or maintained by the
city, provided that this section shall not abrogate the rights of a dedicator,
or those claiming under a dedicator, pursuant to G.S. 136‑96.
…."
SECTION 27. G.S. 160A‑340.2 reads as rewritten:
"§ 160A‑340.2. Exemptions.
…
(c) The provisions of G.S. 160A‑340.1, 160A‑340.3, 160A‑340.4, 160A‑340.5, and 160A‑340.6 do not apply to a city or joint agency providing communications service as of January 1, 2011, provided the city or joint agency limits the provision of communications service to any one or more of the following:
…
(3) The following service areas:
a. For the joint agency operated by the cities of Davidson and Mooresville, the service area is the combined areas of the city of Cornelius; the town of Troutman; the town of Huntersville; the unincorporated areas of Mecklenburg County north of a line beginning at Highway 16 along the west boundary of the county, extending eastward along Highway 16, continuing east along Interstate 485, and continuing eastward to the eastern boundary of the county along Eastfield Road; and the unincorporated areas of Iredell County south of Interstate 40, excluding the City of Statesville and the extraterritorial jurisdiction of the City of Statesville. For purposes of this sub‑subdivision, the term "extraterritorial jurisdiction" means the boundaries of the area over which the City of Statesville was exercising extraterritorial planning jurisdiction under Article 19 of Chapter 160A of the General Statutes prior to the City's relinquishment of jurisdiction over the area on or before January 1, 2016.
…."
SECTION 28. G.S. 160A‑383.4 reads as rewritten:
"§ 160A‑383.4. Local energy efficiency incentives.
(a) Land‑Use Development Incentives. – Counties
and municipalities, for the purpose of reducing the amount of energy
consumption by new development, and thereby promoting the public health,
safety, and welfare, may adopt ordinances to grant a density bonus, make
adjustments to otherwise applicable development requirements, or provide other
incentives to a developer or builder within the county or municipality and
its extraterritorial planning jurisdiction if the developer or builder
agrees to construct new development or reconstruct existing development in a
manner that the county or municipality determines, based on generally
recognized standards established for such purposes, makes a significant
contribution to the reduction of energy consumption.
(b) Repealed by Session Laws 2009‑95, s. 1, effective June 11, 2009."
SECTION 29. G.S. 160A‑459 reads as rewritten:
"§ 160A‑459. Stormwater control.
…
(e) Unless the city requests the permit
condition in its permit application, the Environmental Management Commission
may not require as a condition of a National Pollutant Discharge Elimination
System (NPDES) stormwater permit issued pursuant to G.S. 143‑214.7
that a city implement the measure required by 40 Code of Federal Regulations §
122.34(b)(3)(1 July 2003 Edition) in its extraterritorial jurisdiction."
PART III. EFFECTIVE DATE
SECTION 30. The headings to the parts of this act are a convenience to the reader and are for reference only. The headings do not expand, limit, or define the text of this act.
SECTION 31. This act becomes effective January 1, 2016.
