Sec. 5.8. - Extraterritorial powers.

For the purpose of promoting the orderly growth, expansion and development of the Town of Chapel Hill and the surrounding territory hereinafter defined, and for the purpose of promoting the health safety, morals and general welfare of the citizens of the town and of the territory and community beyond and surrounding the territorial limits of said town, as hereinafter defined, the council is hereby authorized and empowered to exercise any planning, zoning, building regulation and subdivision control powers conferred upon the town and vested in the council by this Charter or any other statute applicable to the Town of Chapel Hill, and may exercise the powers conferred upon cities by G.S. Chapter 160A, Act 19, not only within the corporate limits of the Town of Chapel Hill, but also within the territory and community beyond and surrounding such corporate limits as hereinafter defined in Section 5.9. Such extraterritorial powers may be exercised to the same extent and according to the same procedures as are applicable to the exercise of those powers within the corporate limits of the Town of Chapel Hill. Such powers shall specifically include, but shall not be limited to, the power to adopt such ordinance and regulations as may be considered necessary or expedient by said council to regulate, control and restrict:

(a)

The height, number of stories and size of buildings and other structures;

(b)

The percentage of a lot that may be occupied;

(c)

The size of yards, courts and other open spaces;

(d)

The density of population;

(e)

The location and use of buildings, structures and land for trade, industry, residence, or other purposes, and

(f)

The construction of buildings and of electrical and plumbing systems contained therein.

Sec. 5.9. - Extraterritorial boundaries.

The boundaries of the territory within which the governing board may exercise the aforesaid powers shall be as follows:

Beginning at the point at which Morgan Creek intersects the boundary between Orange County and Durham County, and running thence along a straight line generally to the point at which U.S. Highway 15-501 intersects the boundary between Orange County and Chatham County; running thence generally northeastward along a line 250 feet east of and parallel to the center line of Smith Level Road to town limits of Carrboro; running thence generally east, north with the town limits of Carrboro to the center line of the Southern Railway right-of-way; running thence with the center line of the Southern Railway right-of-way to its intersection with an imaginary line drawn between the intersection of N.C. Highway 54 and Morgan Creek on the west, and the intersection of New Hope Creek with the boundary between Orange County and Durham County on the east; thence proceeding eastward with said line from its intersection with the Southern Railway right-of-way to its western intersection, Lot 17, Tax Map 41B, and proceeding thence in a northerly direction along the western property line of Lot 17, Tax Map 41B, approximately 120 feet to the northwestern corner of said lot; thence in a northerly direction along the western property line of Lot 5A, Tax Map 25, approximately 740 feet to the northeastern corner of Lot 17C, Tax Map 25; thence in a westerly direction along the northern property line of Lot 17C, Tax Map 25, approximately 190 feet to the southwestern corner of Lot 5, Tax Map 25; thence in a northerly direction along the western property line of Lot 5, Tax Map 25, approximately 800 feet to the southwestern corner of Lot 4, Tax Map 25; thence in an easterly direction along the southern property line of Lot 4, Tax Map 25, approximately 510 feet to the southeastern corner of Lot 4, Tax Map 25; thence in a northerly direction along the western property line of Lot 5, Tax Map 25, approximately 1,325 feet to the northwestern property corner of said lot, said corner lying on the southwestern right-of-way line of S.R. 1733 (Weaver Dairy Road); thence in a southeasterly direction along the southwestern right-of-way of S.R. 1733 (Weaver Dairy Road) approximately 2,060 feet to the northeastern corner of Lot 15, Tax Map 25; thence in a southerly direction, along the eastern property line of Lot 15, Tax Map 25, approximately 150 feet to the southeastern corner of said lot; thence in a westerly direction, along the southern property line of Lot 15, Tax Map 25, approximately 150 feet to the northeastern corner of Lot 16, Tax Map 25; thence in a southerly direction, along the eastern property line of Lot 16, Tax Map 25, approximately 1,020 feet to its intersection with the N.C. 54, Morgan Creek-New Hope Creek and Orange-Durham County line; proceeding thence eastward to the intersection of New Hope Creek with the boundary between Orange County and Durham County; thence generally southward along the boundary between Orange County and Durham County to the starting point.

At such times as may be agreed by the board of commissioners of the County of Orange and the council of the Town of Chapel Hill, the boundaries of the territory within which the council may exercise the aforesaid powers, shall be extended and include the territory described as follows:

Beginning at the southern corner of Orange County where its line with Durham County intersects its line with Chatham County, thence westerly along the boundary line between Orange County and Chatham County, about 4 miles to a point at which U.S. Highway 15 and 501 intersect this line; thence in a generally northeasterly direction along a straight line to the point where Morgan Creek intersects the boundary between Orange County and Durham County; thence southwardly along the boundary line between Orange County and Durham County to the point of beginning.

Sec. 5.10. - Planning board.

If the council desires to exercise the powers granted by this article, it shall by ordinance create a planning board of ten (10) members, who shall be appointed as follows: Not fewer than five (5) nor more than seven (7) shall be appointed by the council, and shall be citizens and residents of the town; not fewer than three (3) not more than five (5) shall be appointed by the Orange County Board of Commissioners and shall be citizens and residents of the territory beyond and surrounding the territorial limits of the Town of Chapel Hill as defined in this article.

Sec. 5.11. - Reserved.

Editor's note—

Acts 1987, Ch. 1023, § 1, repealed § 5.11 which pertained to the zoning board of adjustment.

Sec. 5.12. - Building inspector.

The council may appoint a building inspector to enforce in its zoning jurisdiction surrounding the corporate limits of the town any regulations adopted pursuant to this article. Such inspector may be the same as the building inspector serving within such town limits.

Sec. 5.13. - Public hearing.

The council shall enact no ordinance or ordinances under the provisions of this article without first holding a public hearing as provided in Article 19 of Chapter 160A of the General Statutes. No further public hearing with respect to the adoption of such ordinance shall be necessary.

Sec. 5.14. - Powers supplementary.

The powers granted to the council by this article are intended to be supplementary to any powers which have heretofore been granted, or which may hereafter be granted to it under other provisions of law. The exercise of the powers granted by this article shall be within the discretion of the council. Unless and until the council exercises these powers, this article shall have no effect upon any existing or future ordinances of the Town of Chapel Hill. The adoption of any ordinance under the authority of this article shall have no effect upon any litigation which is pending at the time of such adoption.

Sec. 5.15. - Severability.

If any section, subdivision, clause or provision of this article shall be adjudged invalid, such adjudication shall apply only to such section, subdivision, clause or provision to be adjudged, and the remainder of the article shall be deemed valid and effective.

Sec. 5.16. - General extraterritorial jurisdiction authority.

In addition to the specific areas described in this Charter, the town is authorized to exercise all of the powers granted by Article 19 of Chapter 160A of the General Statutes of North Carolina within the territorial jurisdiction as defined by G.S. 160A-360.

Sec. 5.17. - Restrictions on exercise of powers.

Exercise of extraterritorial zoning and subdivision jurisdiction by either the Town of Chapel Hill or the Town of Carrboro pursuant to local laws or the General Statutes shall be subject to the following provisions:

(a)

The division line between the extraterritorial jurisdiction of the Town of Chapel Hill and the Town of Carrboro may by mutual written agreement of said municipalities be relocated from time to time.

(b)

When either the Town of Chapel Hill or the Town of Carrboro, by reason of annexation extends its territorial jurisdiction into any area subject to the extraterritorial jurisdiction of the other, and any such areas are at the time of said annexation subject to the provisions of a duly enacted zoning ordinance, they shall remain subject to the provisions of such ordinance for a period of sixty (60) days thereafter, at the conclusion of which time zoning and subdivision jurisdiction shall pass to the annexing municipality. During said sixty-day period, the annexing municipality may take any actions (including the holding of hearings) which may be required to adopt the necessary amendments to its ordinance which amendment may become effective at the expiration of the period.

(c)

Whenever the extraterritorial jurisdiction of either municipality is extended pursuant to the provisions of this act [Charter], by agreement or by application of G.S. 160A-360, the governing body of each said municipality is hereby authorized to make effective and enforce within such territory lying outside their respective corporate limits and within one mile thereof, all planning, zoning and subdivision regulations, ordinances and controls to the same extent as are effective within the corporate limits of said municipality, and all ordinances and codes of the town regulating the construction and repair of buildings, including building codes, plumbing codes, electrical codes, heating and air conditioning codes, fire prevention codes, minimum housing codes adopted pursuant to Article 19 of Chapter 160 of the General Statutes. In addition, the council is hereby authorized to enforce in such area the North Carolina State Building Code, the North Carolina State Plumbing Code and the North Carolina Uniform Residential Building Code, all as published by the North Carolina Building Code Council. Such enforcement powers shall include the power to require that prior to the beginning of any construction, reconstruction, or alteration of any building or structure or any part or system thereof within such area, the appropriate permit or permits be obtained from the town, and the power to make a reasonable charge therefor; provided, that the governing body of said municipality may by ordinance require that the contractor or other person charged with such construction, reconstruction, or alteration secure such permit or permits, rather than requiring the owner of the property do so.

(d)

The governing bodies of each said municipality in the exercise of extraterritorial zoning and subdivision jurisdiction pursuant to the provisions of G.S. 160A-360 and this act [Charter] shall have full power and authority by resolution to decline to exercise any part of such jurisdiction (whether within or without Orange County) so as to conform to street lines, roads, property lines, branches, or other natural division, and any such area so declined, and those areas within which the municipality has not exercised its regulatory powers shall be and remain subject to the county zoning ordinance, if any, then in effect.

(e)

Exercise by either municipality of exterraterritorial zoning and subdivision jurisdiction pursuant to the provisions of G.S. 160A-360 and this act [Charter] in any area subject to a zoning ordinance enacted by the Orange or Durham County Board of Commissioners shall be subject to mutual agreement between the said board of commissioners and the governing body of said municipality, and said agreement may limit the exercise of said jurisdiction so as to conform to street lines, roads, property lines, branches or other natural divisions and in any area not agreed upon, the county zoning ordinance shall be and remain in effect.

Sec. 5.18. - Joint planning.

(a)

A city and a county may agree that, within a mutually agreed upon geographical area (hereinafter, the 'joint planning area') all of the powers granted by this article, including without limitation powers involving the exercise of legislative discretion, may be exercised by the city on behalf of the county, by the county on behalf of the city, or jointly by both the city and county. By way of illustration without limitation, a city and county may agree that, within a defined joint planning area, the city may adopt the text of a zoning or subdivision ordinance on behalf of the county and may administer and enforce such ordinance, but that all decisions establishing or amending the zoning classifications of properties shall be jointly determined by the two (2) governing bodies.

(b)

Any agreement authorized under subsection (a) shall be reduced to writing and shall be ratified by resolution of the governing body of each unit that is a party to the agreement. The agreement shall specify:

(1)

The area or areas within which the power specified in the agreement are to be exercised.

(2)

The powers that are to be exercised and the manner in which the powers are to be exercised by the parties (i.e., one unit on behalf of another or jointly).

(3)

The duration of the agreement.

(4)

The methods for amending the agreement (including the area within which the agreement will be effective) and terminating the agreement.

(c)

If the city exercises any legislative or administrative powers or functions on behalf of a county under this section, then the agreement authorized under subsection (b) may provide for a means of representation of residents of the joint planning area in the same manner and to the same extent as representation of residents of an extraterritorial planning area is provided for under G.S. 160A-362.

(d)

In exercising any power or function authorized under an agreement adopted pursuant to the section, a city or county governing board or administrative agency may exercise that power or function in accordance with such boards or agency's regular procedures and voting requirements.

(Acts 1987, Ch. 233, § 1)

Sec. 5.19. - Land-use development incentives.

[The City of Chapel Hill,] 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 within the municipality and its extraterritorial planning jurisdiction if the developer agrees to construct new development or reconstruct existing development in a manner that the municipality determines, based on generally recognized standards established for such purposes, makes a significant contribution to the reduction of energy consumption.

(Session Law 2007-241, as adopted by City Res. No. 2007-09-10/R-7b, 9-10-2007)

Sec. 5.20. - Ordinances permitting low and moderate housing and providing density bonuses.

(a)

For the purpose of increasing the availability of housing for persons of low and moderate income, and thereby promoting the public health, safety and welfare, the Town of Chapel Hill may grant a density bonus or provide other incentives of equivalent financial value to a developer of housing within the town and its extraterritorial planning jurisdiction, if the developer agrees:

(1)

To construct up to but no more than twenty-five (25) per cent of the total units of a housing development for persons and families of low or moderate income; or

(2)

To construct up to but no more than ten (10) per cent of the total units of a housing development for lower income households.

(b)

For the purposes of this article, "density bonus" means a density increase of up to but no more than twenty-five (25) per cent of the otherwise maximum allowable residential density under the applicable zoning classification. The density bonus shall not be included when determining the number of housing units which is up to but no more than ten (10) per cent or twenty-five (25) per cent of the total. The town may apply the density bonus to housing developments consisting of five (5) or more dwelling units.

(Acts 1989, Ch. 478, § 1; Acts 1993, Ch. 358, § 5)