Extraterritorial Jurisdiction (ETJ)

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Extraterritorial Jurisdiction Overview – State Law regarding ETJ

Following action by the Orange County Commissioners, the Town of Chapel Hill must rezone the approximately 1,033 acres of land within the newly expanded ETJ to Town of Chapel Hill zoning.  The proposed new zoning is expected to remain identical to the existing zoning but without the Joint Planning Area designation.

  • A Public Hearing was held on January 21, 2015 with enactment of the proposed zoning.
  • The Chapel Hill Planning Commission made a recommendation to the Town Council at its meeting on January 6, 2015.
  • A Public Information Meeting was held on December 17, 2014, 6:00 p.m. at 101 Edgar Road (Community Center). 

Background: 

  • A Orange County Commissioners Meeting on the ETJ Boundary was held on December 1, 2014.  The County Commissioners adopted a Resolution agreeing to the extension of the ETJ. 
  • public hearing on the ETJ Boundary was held on October 15, 2014.  The Town Council enacted an Ordinance expanding the ETJ at this meeting. 
  • A public hearing on the ETJ Boundary was held on September 8, 2014. 
  • A public hearing on the ETJ Boundary was held on June 16, 2014.
  • A public hearing on the ETJ Boundary was held on February 10, 2014.
  • public hearing on the ETJ Boundary was held on January 13, 2014.
  • public hearing on the ETJ Boundary was held on October 21, 2013.

Click here for Frequently Asked Questions

Map of ETJ area proposed to be extendedMap of Proposed Rogers Road ETJ Boundary

The boundary proposed to be changed is shown on the map.
ETJ is area outside of the Town’s limits that is subject to the Town’s land development regulations. The properties within the proposed ETJ expansion area are currently within the Joint Planning Area (an agreement between Orange County, Carrboro, and Chapel Hill). These properties are already subject to compliance with the Town’s Land Use Management Ordinance. Building code and permitting will continue to be administered by the Town of Chapel Hill. Areas under the Joint Planning Area are currently subject to review and approval by both Orange County and the Town of Chapel Hill. If the ETJ boundary is extended, the approval of rezoning and development permits would be subject to approval only by the Town Council.

An extension of the ETJ will not result in the annexation of any property. Annexation is a completely separate process from the ETJ boundary expansion. The Town is not pursuing annexation at this time. All residents of the area will have the right to apply to the board of county commissioners to serve as a representative on the Town of Chapel Hill Planning Board and Town of Chapel Hill Board of Adjustment

Background
September 23, 2013 Town of Chapel Hill Council meeting
September 9, 2013 Letter from Orange County Manager to Town of Chapel Hill Manager
September 5, 2013 Orange County Board of County Commissioners meeting (item 5-s)
August 26, 2013 Letter from Town of Chapel Hill to Orange County Manager
June 24, 2013 Town of Chapel Hill Council meeting item


Frequently Asked Questions

What does Extraterritorial Jurisdiction (ETJ) mean?
The ETJ is area outside of the Town’s limits but is subject to the Town’s land development regulations. ETJ has been used in North Carolina since the 1950s and are used by town’s to manage growth and guide development in those areas.

Will owners of property in this area have to pay Town property tax?
No, owners of property within the Town’s ETJ do not pay Town property tax. Properties within the ETJ are subject to County and School district taxes.

Is this property going to be annexed?
The extension of the ETJ does not annex any property. The Town is not pursuing annexation at this time. Annexation is a completely different process and more information can be found here.

Why is Chapel Hill doing this?
A task force was formed with members from the Rogers Eubanks Neighborhood Association, Orange County Board of Commissioners, Town of Carrboro Aldermen, and Town of Chapel Hill Town Council in 2012. One of the recommendations in the Historic Rogers Road Neighborhood Task Force Report, in order for Chapel Hill to use town funding, is for Chapel Hill to pursue expanding the ETJ in this area. Background information on the task force can be found here.

What is the Joint Planning Area?
The Joint Planning Area (JPA) is an agreement by Orange County, Town of Carrboro, and the Town of Chapel Hill. Properties within the JPA are subject to the town’s regulations but with oversight by the County. The JPA in Chapel Hill includes all of the properties proposed to be included within the ETJ.

What land regulations govern use of property in this area?
Property in this area is currently with the Joint Planning Area and is subject to Chapel Hill’s Land Use Management Ordinance and Building Code process. After the area is added to the Town’s ETJ, the Town will go through a process to zone the land according to the Town’s zoning designations. This will include a public process and public hearings by the Planning Board and Town Council.

Residents within the ETJ are eligible to serve on the Town’s Planning Board and Board of Adjustment. Land owners within the ETJ are able to submit a protest petition when adjacent land is proposed to be rezoned.

What opportunities are there to voice concerns over the expansion of the ETJ?
There will be several opportunities to voice concerns over the expansion of the ETJ. A public hearing will be held by the Town Council on October 21, 2013 at 7 pm at the Orange County Human Services Complex at 2501 Homestead Road in Chapel Hill. There will also be a public hearing held by the Orange County Board of Commissioners prior to the expansion of the ETJ. All public hearings are opportunities to voice concerns. When additional hearing dates are set, we will note those dates on this webpage as well as in newspapers and mailings.

How do I get additional information?
Please contact Judy Johnson, with the Town of Chapel Hill Planning Department at (919) 969-5078 or at jjohnson@townofchapelhill.org

Last revised: 9/2013

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