§ 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 (60) 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, by agreement or by application of G.S. 160-181.2, 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 (1) 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 15 of Chapter 160 of the General Statutes, and ordinances adopted pursuant to G.S. 160-200 (28) relating to unsafe buildings. In addition, the Board of Aldermen 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. 160-181.2 and this Act 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 extraterritorial zoning and subdivision jurisdiction pursuant to the provisions of G.S. 160-181.2 and this Act 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.

(Acts 1969, Ch. 1088, § 2)