E T J Feasibility Study-1991

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E T J FEASIBILITY STUDY
C
City of Elizabeth City
January, 1991
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' The preparation of this document was financed in part through a
' grant provided by the North Carolina Coastal Management Program,
through funds provided by the Coastal Zone Management Act of 1972,
' as amended, which is administered by the Office of Ocean and Coastal
Resources Management, National Oceanic and Atmospheric
' Administration.

Elizabeth City, North Carolina
C I T Y C O U N C I L
Sidney M. Oman . . .
Wilbert L. "Pete" Hooker
Leola Morgan
Zack D. Robinson, Jr.
Jimmie Sutton
Mayor
Albert C. Robinson, Jr.
J. Luke Skinner
Dorothy Stallings
PLANNING COMMISSION
Terry Cooper, Chairman
Bill McCain, Vice -Chairman
Joe Hill Glover Shannon
Willie B. Spence Ron Turlington
Sharon Robinson
Ralph Clark, City Manager
John Kinsey, Planning Director

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T A B L E O F C O N T E N T S
I. Purpose ........................................... 1
II. Methodology ....................................... 4
III. Data Analysis and Findings ........................ 7
(A) Southeast of Elizabeth City (adjacent to the
United States Coast Guard Base) .............. 7
(B) West of the Corporate Limit Lines............ 8
(C) U.S. Highway 17 South ........................ 9
(D) Proposed Highway 17 By -Pass Corridor......... 10
(E) U. S. Highway 17 North ....................... 11
IV. Recommendation .................................... 18
APPENDIX ..A.. .......................................... 19
Article 19. Planning and Regulation of Development,
GS 160 A-360. Territorial Jurisdiction. 20

II. PURPOSE
' The City of Elizabeth City, located in the northeastern
portion of North Carolina on the Narrows of the Pasquotank
River has been a "city in transition" over the last 30 years.
' Statistical information, especially the results of Census
information, perhaps, would not support this theory since this
' information indicates that the population of the City of
Elizabeth City over the last 40 years has had less than a 15%
overall change. This, however is misleading with regard to the
' amount of growth and development that has taken place within
the immediate environs of the City proper. The primary reason
this information tends to be deceiving is the fact that the
City has not adopted an annexation policy and has not
timplemented a program of annexation.
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While many cities in the State of North Carolina over the last
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ten (10) years have adopted
and implemented a very aggressive
policy of annexation,
the City of Elizabeth City has been
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relatively starry-eyed
with regards to annexation. A detailed
annexation feasibility
study was prepared in 1987. The Study
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revealed several areas
within Pasquotank County that meet
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Statutory requirements
for annexation. A report was given to
the City Council and a
public hearing was held to gauge public
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sentiment with regards
to annexation. The section at that time
was not in favor of annexation. Since that time the feeling of
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local citizens has not
changed with regards to annexation. No
implementation action was ever taken by the City Council. Of

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importance to note is that several large areas qualify for
annexation under the requirements of the General Statutes.
Because the City has not had a policy regarding annexing areas
outside the City Limits, property has had a tendency to develop
without having to undergo procedures for involuntary
annexation. As a result, all new subdivisions built in the
area have been outside of the City Limits, and these areas have
not been annexed by the City. Several small subdivisions have
come within the City Limits through a voluntary annexation
Procedure due to a need for municipal sewer service. Such
subdivisions include Woodstock II and III, Elizabeth Manor and
Elizabeth City Gardens, all multi -family developments. Winslow
Acres, Brookridge Terrace and Rosewood Subdivisions are single
family developments annexed by involuntary procedures. Over
the past five (5) years the City has experienced a
Proliferation of development outside of the area known as the
"extraterritorial" limits, that area which extends beyond
Elizabeth City's corporate limit jurisdiction. The City has
seen a combination of development including two industrial
Parks, several single family residential developments and
several commercial centers. Disbursed throughout the area are
also small projects ranging from single family construction to
small office complexes.
These developments that are not located within the City's
extra -territorial limits are not required to adhere to any
standards or regulations as it relates to zoning. Pasquotank
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County, up until recently, did not exercise its police power to
enforce a zoning ordinance and, until 1990, did not implement
minimum code standards or a nuisance ordinance. This created a
grave concern for the City's planning department, and the City
of Elizabeth City as we were beginning to see development that
did not adhere to any pattern as relates to growth management.
In 1988, the City Council of the City of Elizabeth City
submitted a grant application to the North Carolina Coastal
Management Program to obtain a grant to study the feasibility
of extending the City's existing one -mile extraterritorial
zoning authority to two miles (Reference Appendix "B"). In
addition to the authority to zoning within the ETJ, the City
would also have the authority to enforce MINIMUM HOUSING CODES,
NUISANCE ORDINANCE, FLOOD CONTROL ORDINANCE, MOBILE HOME
ORDINANCE, SUBDIVISION REGULATIONS, SOIL EROSION and
SEDIMENTATION CONTROL ORDINANCE, SIGN ORDINANCE and HISTORIC
DISTRICT ORDINANCE. The use of the Community Development Block
Grant Program, State Housing Finance Agency, and other Grant
Programs would be optional with the agreement of the County
Commissioners. The North Carolina General Statutes allows
municipalities to enforce police powers within one mile of its
corporate limits and within two miles, with the approval of the
County Commissioners.
It is the purpose of this report to explore the feasibility of
extending the City's authority to enforce the ZONING ORDINANCE,
FLOOD CONTROL ORDINANCE, HISTORIC DISTRICT, SUBDIVISION
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REGULATIONS, MINIMUM HOUSING and its PUBLIC NUISANCE ORDINANCE
UP to two miles rather than the existing one mile. It is felt
this opportunity would provide a means whereby growth and
development in those areas would be consistent with development
within the corporate limits and its existing one mile
jurisdiction. It is strongly felt and in fact the existing
pattern of development dictates that these areas at some point
in time will be a part of the corporate limits. It is
important that these areas develop in a fashion which would not
provide a tremendous liability to the City once they become
part of the corporate limits of the City of Elizabeth City.
Extension to a 2-mile ETJ would enable the City to address a
variety of growth issues including: visual impacts along city
entrances, traffic flow impacts and street system
coordination, compatibility of uses, density and open space,
services coordination (water, sewer, solid waste, schools,
recreation), new and existing structures' safety, historic
preservation, and shifting employment centers.
II. METHODOLOGY
The City of Elizabeth City exercises its authority under
the General Statutes to enforce its police powers up to one
mile outside of its contiguous municipal boundaries. Past
surveys have found extensive development beyond the City's
Extra Territorial Jurisdiction (ETJ). The City has employed a
windshield survey to determine land use and housing conditions
within the area under consideration for the two mile ETJ. The
first step by the Planning staff was to identify the extreme
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limits of the two-mile area using the City's existing base map
' with a 1" = 800' scale. An attempt was made to follow property
lines or natural features in identifying the boundary line.
' This process made the actual identification of the boundary on
' the ground simpler. It also eliminated the need for a
certified survey. Some of the areas that were within the two-
mile jurisdiction were beyond the limits of the map. In those
cases aerial photographs were obtained from the County to cover
' those areas.
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After the land
use and housing information was collected, an
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analysis was conducted to determine which areas were impacted
the most from development and also to determine the associated
costs in expanding the ETJ. Based on results of such findings,
a set of recommendations were developed.
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It was necessary to ensure public input throughout the process.
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It was also necessary to ensure that the County Planning
Commission was provided an opportunity to have input into the
process as well. While citizen surveys would have been one
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method which could have been used to obtain citizen input, the
Planning Commission decided to use the Planning Commission
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meetings as a format to gauge sentiment and obtain citizen
input. Planning Commission meetings were scheduled at various
locations
within the ETJ area. The first such meeting was held
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at City Hall. The next public meeting was held at Central
Elementary School, located south of Elizabeth City on U. S.
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Highway 17 South. The third public meeting was held at the

College of the Albemarle, located north of the City of
Elizabeth City on U. S. Highway 17 North. The fourth and last
public meeting was held in the Elizabeth City Municipal Airport
facility located on Consolidated Road.
The sentiment of the Citizens who provided input were not in
favor of the additional area of.control by the City. Many
citizens felt that this would be the first (1st) step to some
future attempt to apply involuntary annexation to areas within
the county. It is important to note that many citizens within
the county are still upset at involuntary annexation efforts
that took place in 1987 and 1988.
Joint meeting with the City and County Planning Boards revealed
similar concerns as those expressed by the general citizenry.
The comments from the joint planning meetings were held at the
time the county was actively involved in efforts to get funds
for a Feasibility Study for County Zoning. The first County
Planner had just been hired by the County also. It was felt by
both Planning Boards, the maximum cooperation should continue
between the two boards.
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III. DATA ANALYSIS and FINDINGS
(A) Data Analysis
1. Based on the results of windshield surveys conducted
to survey land use and housing in the proposed extra
territorial area, it was found that new development
is disbursed throughout the area with some clusters
of development in several locations within the area
of the study. It was felt several areas should
receive extensive research. Those areas considered
were as follows: (See Attached Map)
a.
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This area was identified as having two distinct
growth trends. One was the proliferation of
subdivisions in what was once wooded land and
agricultural lands extending parallel to the
Pasquotank River. The last 15 years had seen
what amounted to all of the land parallel to the
Pasquotank River extended out as far as 1/4 mile
being subdivided into individual building lots.
This pattern was interrupted in one location.
This location contained the large industrial
site known as "the blimp base." While these
Properties were not all developed, patterns of
development would seem to indicate development
would be forth coming. The other pattern of
development was individually subdivided lots
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2.
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along rural roads and several small
subdivisions. The largest subdivision was
located along Consolidated Road and immediately
adjacent to the Coast Guard facilities. This
subdivision included approximately 50 lots and
was still in the process of build out. The
importance of this area and the significance of
special consideration was found in special
legislation which gave the City of Elizabeth
City the authority to use its zoning police
powers to zone the Coast Guard facilities. Such
input had been obtained from officials at the
Coast Guard Base as well as surrounding
citizenry. A joint meeting between the City and
the County resulted in an agreement between the
two bodies. The major concern was to finalize
some procedure that identified proper locations
for expansion of the Coast Guard facilities.
Coast Guard officials were concerned that
surrounding residential development not impede
the possibility of future expansion of the Coast
Guard Base.
West of the City Limits of the City of Elizabeth
City (along Body Road and Simnson's Ditch Road)
This area does not provide the type of concern
that several.other areas have. Its important to
note, however, a tremendous amount of growth
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along Simpson's Ditch Road, and at the
intersection of Simpson's Ditch Road and Body
Road. Additionally, signs were present that
some of the farm land within this area was
coming under pressure for residential
development. This area could be considered to
be strategic because it has good soil conditions
for septic tanks, and abundance of open land not
susceptible to environmental or ecological
ramifications. It also has good access via
Simpson's Ditch Road to Q.S. Highway 17 South.
U. S. Highway 17 South (Highway 17 South
extending from the existing ETJ line to form a
corridor alon-- U.S. 17)
This area has a mixture of development and is
considered to be the highest potential area for
future growth and development. This area was
seen to be of high significance because of the
proposed U.S. Highway 17 By -Pass around the City
of Elizabeth City. Once the U.S. Highway 17 By -
Pass is built, a major interchange will be
located at the intersection of U.S. Highway 17
and U.S. Highway 17 By -Pass. This interchange
is seen to be a catalyst for high intensity
development, and is designed to work directly in
conjunction with the North Carolina Department
of Transportation to use the City police powers
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as well as any other tools that may be available
to protect those areas considered for future
highway construction.
Highway 17 By -Pass Corridor
This area extends from the existing D.S. 17
South along a projected corridor extending up to
D.S. 17 North. Primary areas of concern along
this corridor are the intersection points at
Main Street Extended and D.S. 17 North. It
would be envisioned that there would be three
(3) interchanges for the D.S. 17 By Pass. Those
interchanges would be at O.S. Highway 17 South,
Main Street Extended, and D.S. Highway 17 North.
While high intensity development could occur at
the future interchange on Main Street Extended,
there could also be pressure for development
along any proposed access road extending from
either D. S. Highway 17 South, Main Street
Extended, or U.S. Highway 17 North. These
access road would provide immediate and easy
access for development in the immediate area
extending along and parallel to D.S. 17 By Pass
and along Main Street Extended. Preliminary
conversations between the Elizabeth City
Planning staff and North Carolina Department of
Transportation have already set the stage for a
cooperative working relationship to identify
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5.
ways in which the City of Elizabeth City and
Pasquotank County may employ whatever tools or
methods necessary to protect the proposed
corridor.
U.S. Highway 17 North
The Highway 17 North impact area is, perhaps,
one of the most significant areas identified
through the study, along with that area
extending along Main Street Extended. With the
exception of the Knobbs Creek wetlands area, and
several other floodplain areas that are
identified along stream beds, this entire
northwest quadrant has high potential for
development. All of these areas were identified
in the Annexation Feasibility Report. The
importance of the proposed implementation of the
two mile ETJ would ensure this development would
be consistent with and in conformance to those
areas that are being developed within the City
limits as well as existing one mile ETJ area.
The implementation of the two mile ETJ
would also increase the zoning jurisdiction,
subdivision regulation jurisdiction, Minimum
Housing Code jurisdiction, maximum use of
Community Development Block Grant Funds, guide
future growth and development as well as
expedite the annexation process.
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Recent years have seen the extension of the City
Limits through satellite annexation to areas
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north along O.S. 17. The northern most
extension is Fairway Estates subdivision which
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was in 1989 through
annexed a voluntary
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annexation procedure. It is important to note
at this time that Fairway Estates is outside of
the City's existing one mile ETJ. This
represents a prime example of the importance of
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the two mile ETJ.
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(B) Findings
1. Prior to the data collection phase, which included
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windshield surveys to determine land use and housing
conditions in the areas; no firm information existed
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regarding
activities taking place within those areas.
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The result of the survey confirmed the suspicions of
the Planning staff. The condition of Housing within
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the two (2) mile jurisdiction was very good. Most of
the farm houses were in good condition with some
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needing in
a coat of paint or some cases a new roof.
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All of the houses within subdivisions outside the one
(1) mile ETJ were in good condition. Within the one
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(1) mile ETJ there were several areas that had a
severe housing problem. They are:
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Spaulding Park
Oak Grove
Fair Grounds
The Fair Grounds community was most in need of
assistance. 100% of the houses surveyed were
considered to be substandard. The term substandard
is used to define those units that had some code
related violations. Over 45% of the structures in
the community were consider to be substandard/
dilapidated. In other words, the cost of
rehabilitation would exceed the fair market value
after repair. In these instances, it is felt to be
undesirable or not cost effective to repair the
housing units.
Streets were not paved, and many houses did not have
septic tanks. All of these areas would be considered
good candidates for Community Development Grants. A
significant amount of development has taken place
outside of the existing City Limits and within both
the existing one mile and the proposed two mile ETJ.
Development was disbursed with several small and some
large subdivisions in various areas. Those clusters
of development and those areas identified as being
high potential for development were considered to be
critical to the suggestions and recommendations made
as a part of this study. In addition to that, the
same interest and concern was expressed by the
Pasquotank County Board of Commissioners. The Board
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of Commissioners in 1989, submitted an application to
the Coastal Resources Program for a grant to
implement zoning in Pasquotank County. That
application was approved and a grant was put in
place, along with a local commitment on the part of
the Pasquotank County Board of Commissioners, to
explore zoning. In addition to the grant, the
Planning County Commissioners also took a broad step
to hire its first Planning Director. Conversations
between the City of Elizabeth City, the Pasquotank
County Board and Mr. Steve Gabriel, CAMA, suggested
extensive coordination and cooperation should take
place to ensure the two studies complemented each
other.
At the same time, the City"s Planning Commissioners
and the City Council expressed interest in putting
into place its first comprehensive Airport Zoning
Ordinance. A consultant was hired by the City of
Elizabeth City to develop the land use study and
proposed zoning ordinance for the area around the
O.S. Coast Guard Base. The Pasquotank County
Planning Board began initiatives toward implementing
its zoning study. The initial thrust was to identify
high impact,areas in the County that should be
considered for zoning. The intent was not to zone
the entire County, but only those areas considered to
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high impact
areas. It is interesting to note the
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areas identified by the County were precisely those
same areas that were identified as a part of this
study. Coordination between the City Planner and the
County Planner ensured that there would be some
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degree
of consistency between City regulations and
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the County's proposed regulations. It was felt the
intent of the City's two mile jurisdiction proposal
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could be addressed through the County's efforts. In
April of 1991, the County Commission unanimously
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approved Zoning
for Pasquotank County. The
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implementation of that action will be a tremendous
benefit to the City as well as to those developing
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areas within the county.
The attached map shows the boundary line identified
by the proposed ETJ. Included with that map is
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existing zoning for the one mile perimeter, zoning
proposed by the two mile ETJ, and existing housing
conditions for the existing one mile perimeter and
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the proposed two mile perimeter. The area adjacent
to the Coast Guard Base and the Camden Causeway were
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not shown because they are already within the Zoning
Authority of the City. In addition, Camden County has
long enforced all three of the key land management
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tools (zoning, subdivision, State Building Code) such
that by the enabling statute, Elizabeth
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City has been precluded from exercising any
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Extraterritorial jurisdiction within Camden County.
The results of all findings indicated one additional
staff person would have to be hired to implement the
two mile ETJ. The salary grade for this position
would be at grade 13, and at a combined salary plus
benefits would amount to $25,603. This staff
Position would be in the Inspections Department with
responsibility for Building and Housing Code
Enforcement.
General Statutes would mandate that, at a minimum,
the City would enforce the ZONING ORDINANCE,
SUBDIVISION REGULATIONS, FLOOD CONTROL ORDINANCE,
MINIMUM HOUSING CODE, and NUISANCE ORDINANCE within
this area proposed for two mile jurisdiction. All
of these activities would be continued through the
City's Planning, CD & Inspections Department. The
City Council and the County Commissioners jointly
worked together to approve enforcement of the Minimum
Housing Code within the County, including that area
presently identified as the one mile extraterritorial
limits. This, in effect, would mean that the minimum
housing code would be enforced by the County rather
than the City in both the one mile and two mile
jurisdictions.
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Of all of the Police powers that would be available
to the City within the two (2) mile ETJ, the City
would only be interested in enforcing the following:
Activity Agency Cost
Code Enforcement Inspection Department $ 25,603
(Building, Nuisance Ordinance)
Zoning Planning Department -0-*
Subdivision Regulations Planning Department -0-*
Minimum Housing Code Inspection Department -0-*
Community Development City and County -0-*
* minimum or no additional cost
Other optional ETJ powers are not recommended for implementation as
follows:
Mobile Home Ordinance - County already implementing its own.
Sign Ordinance - Because the City's sign regulations are not
part of the City zoning ordinance but are a
separate set of regulations in the City's
Code, ETJ enabling statute precludes the
City from applying its sign regulations in
the ETJ
Soil Erosion and Sedimentation Control
- State and federal agencies already exercise
adequate jurisdiction in this area.
Historic Preservation - The City is focusing its historic
Preservation efforts in center city only
where a concentration of historic structures
has enabled historic district establishment.
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V. RECOMMENDATIONS
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1).
Prepare and secure approval of an amendment to the ZONING
ORDINANCE to zone that area considered the Coast Guard
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impact area. The Airport Zoning Ordinance, Article III,
Section 18, of the ZONING ORDINANCE, was approved by the
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City Council in May, 1990, and represents immediate action
regarding this particular recommendation. Also
significant is an on -going and continual review of the
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Airport Ordinance.
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2).
Coordinate and cooperate with the County's efforts to
secure approval of the County's ZONING ORDINANCE.
3).
Continue on -going joint sessions with the City/Count Y
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Planning boards to identify topics, areas or concerns, and
problems that may jointly impact both bodies.
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4).
Reserve the opportunity to request the Board of County
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Commissioners to give the City the authority to implement
its proposed two mile ETJ should the County not implement
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its ZONING ORDINANCE.
5). Petition City Council of the City of Elizabeth City to
approve necessary budget items to finance the
' implementation of the proposed two mile ETJ.
' 6). Cooperate with the County Planning Board in the
' enforcement of Minimum Housing Code within the one mile
ETJ.
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APPENDIX "A"
Article 19. Planning and
Regulation of Development,
GS 160 A-360. Territorial
Jurisdiction
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' § 160A-354 CH. 160A. CITIES AND TOWNS § 160A-360
an established public park. Wishart v. City of
Lumberton, 254 N.C. 94, 118 S.E.2d 35 (1961).
' § 160A-354. Administration of parks and recreation pro-
grams.
' A city or county may operate a parks and recreation system as a line depart-
ment, or it may create a parks and recreation commission and vest in it author-
ity to operate the parks and recreation system. (1945, c. 1052; 1971, c. 698, s.
' 1.)
§ 160A-355. Joint parks and recreation systems.
Anv two or more units of local government may cooperate in establishing
t parks and recreation systems as authorized in Article 20, Part 1, of this Chap-
ter. (1945. c. 1052; 1967, c. 1228; 1971, c. 698, s. 1.)
t § 160A-356. Financing parks and recreation.
Each county and city is authorized to expend for its parks and recreation
system any of its revenues not otherwise limited as to use by law. (1945, c.
1051; 1911, c. 698, s. 1; 1975, c. 664, s. 12.)
' § 16OA-357: Repealed by Session Laws 1975, c. 664, s. 13.
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§§ 160A-358, 160A-359: Reserved for future codification purposes.
ARTICLE 19.
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Planning and Regulation of Development.
Part 1. General Provisions.
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§ 160A-360. Territorial jurisdiction.
(a) All of the powers granted by this Article may be exercised by any city
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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
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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
these
its limits and a city of 25,000 or more population may exercise 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
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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
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Carolina Department of Administration.
(b) Any council wishing to exercise extraterritorial jurisdiction under this
Article shall adopt, and may amend from time to time, an ordinance specifying
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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
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§ 160A-360 CH. 160A. CITIES AND TOWNS § 160A-360
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 bound-
aries 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 bound-
Rline within the overlapping area based upon existing or projected patterns
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) When a city annexes, or a new city is incorporated in, or a city extends
its jurisdiction to include, an area that is currently being regulated by the
county, 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, extension 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.
(fl) 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 jurisdic-
tion had occurred. The city or county acquiring jurisdiction may take any
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§ 160A-361 CH. 160A. CITIES AND TOWNS § 160A-361
action regarding such a permit, certificate, or other evidence of compliance that
could have been taken by the local government surrendering jurisdiction pur-
suant 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.
0) Repealed by Session Laws 1973, c. 669, s. 1. (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; c. 1076,
s. 3; 1973, c. 426, s. 56; c. 525; c. 669, s. 1; 1977, c. 882; c. 912, ss. 2, 4.)
Local Modification. - Mecklenburg: 1971.
c. 860; Pamlico Countv: 1977. c. 478. s. 3.
Cross References. - As to powers of
counties under this Article. see also
§§ 153A-320 through 153A-324. As to territo-
rial jurisdiction of counties under this Article.
see § 153A-320. As to procedure for adopting or
amending county ordinances under this Article.
see § 153A-323. As to validation of certain
ordinances not in compliance with this section.
see § 160A-366.
CASE NOTES
The obvious purpose of the statutory
mandate in subsection (b) requiring that
boundaries be defined in terms of geo-
graphical features identifiable on the ground
is that boundaries be defined, to the extent
feasible, so that owners of property outside the
city can easily and accurately ascertain
whether their property is within the area over
which the city exercises its extraterritorial
zoning authority. Sellers v. City of Asheville, 33
N.C. App. 544, 236 S.E.2d 283 (1977).
Definiteness in Boundary Descriptions
Not Met. - The boundaries of a city's proposed
I§ 16OA-361. Planning agency.
extraterritorial zone failed to meet the degree
of definiteness mandated by subsection (b)
where the only description merely referred to
"the territory beyond the corporate limits for a
distance of one mile in all directions" and the
map showed the "mile boundary" drawn in
sweeping curves. Sellers v. City of Asheville, 33
N.C. App. 544, 236 S.E.2d 283 (1977).
Quoted in Taylor v. City of Raleigh, 290 N.C.
608, 227 S.E.2d 576 (1976); County of
Cumberland v. Eastern Fed. Corp., 48 N.C.
App. 518, 269 S.E.2d 672 (1980).
Any city map by ordinance create or designate one or more agencies to
perform the following duties:
'
(1) Make studies of the area within its jurisdiction and surrounding areas;
(2) Determine objectives to be sought in the development of the study
area;
(3) Prepare and adopt plans for achieving these objectives;
'
(4) Develop and recommend policies, ordinances, administrative proce-
dures, and other means for carrying out plans in a coordinated and
efficient manner; .
(5) Advise the council concerning the use and amendment of means for
'
carrying out plans;
(6) Exercise any functions in the administration and enforcement of var-
ious means for carrying out plans that the council may direct;
(7) Perform any other related duties that the council may direct.
'
An agency created or designated pursuant to this section may include, but
shall not be limited to, one or more of the following, with such staff as the
council may deem appropriate:
(1) A planning board or commission of any size (not less than three mem-
'
bers) or composition deemed appropriate, organized in any manner
deemed appropriate;
'
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