§ 2. Extraterritorial authority.

(a)

For the purpose of promoting the orderly growth, expansion and development of the City of Lumberton and the surrounding territory hereinafter defined, and for the purpose of promoting the health, safety, morals, and general welfare of the citizens of such area, the city council is hereby authorized to exercise any planning, subdivision, zoning and building regulation powers (including plumbing, heating, gas, or electrical regulation powers) now or hereafter conferred upon the City of Lumberton and vested in the council by this Charter, the general statutes, or any other statute applicable to the City of Lumberton, not only within the corporate limits of the city but also within the territory beyond the corporate limits, as now or hereafter fixed, for a distance of one mile in all directions. Such powers may be exercised to the same extent and according to the same procedures as are applicable to the exercise of planning, zoning, subdivision or building regulation powers (including plumbing, heating, gas, or electrical regulation powers) within the corporate limits of the city; but any ordinance intended to have application beyond the corporate limits of the city shall so provide. Such powers shall include the power to adopt such ordinances and regulations as may be considered necessary or expedient by the council to regulate, control and restrict:

(1)

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

(2)

The percentage of a lot that may be occupied;

(3)

The size of yards, courts and other open spaces;

(4)

The density of population;

(5)

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

(6)

The construction of buildings, including plumbing, heating and electrical installations; and

(7)

The names of streets, and the city may provide street name signs in the area.

(b)

At least two but not more than four members of the Lumberton Planning Board, authorized by G. S. 160-22, may in the discretion of the council be citizens and residents of the territory beyond the corporate limits of Lumberton and within one mile thereof. Members appointed from the territory beyond the corporate limits of the City of Lumberton shall be appointed in the same manner and shall have the same powers and duties as the other members of the Lumberton Planning Board, and laws, ordinances, rules and regulations applicable to the members of the Lumberton Planning Board shall be applicable to said members.

(c)

The city council is authorized, in order to enforce properly the provisions of any zoning ordinance or building regulation, to require by ordinance that prior to the beginning of any construction, reconstruction or alteration of any building or structure, or for plumbing, heating, gas or electrical installations within said area, a permit or permits be obtained therefor from the building inspector of the City of Lumberton. All permits, plans, inspections and fees which are specified in the Lumberton Code of Ordinances will apply to such area within one mile beyond the corporate limits.

(d)

Membership on the Lumberton Board of Adjustment, authorized by G. S. 160-178 [160A-388], and the Lumberton Board of Building Appeals, authorized by this Charter, shall not be limited to citizens and residents of the City of Lumberton, and members may be appointed to these boards who reside within the corporate limits of the city or within the territory beyond the corporate limits and within one mile thereof; except that not more than two members of the Lumberton Board of Adjustment, or one member and one alternate member, and not more than one member of the Lumberton Board of Building Appeals, shall be a resident of the territory beyond the corporate limits and within one mile thereof.

(e)

In the event that any portion of the territory beyond the corporate limits of the City of Lumberton and within one mile thereof comes within an area which is subject to the jurisdiction of another municipality or political subdivision of the state which has authority to exercise planning, zoning, subdivision, or building regulation powers (including plumbing, heating, gas or electrical regulation powers) and is exercising such jurisdiction, then the authority herein granted to the City of Lumberton, to the extent that any conflict of jurisdiction may exist, shall not attach unless and until the governing body of such other municipality or political subdivision shall relinquish jurisdiction over said portion of said territory by resolution or ordinance of its governing board or body, or by repealing the regulations which it has adopted, and any such governing body or board is hereby authorized to pass or enact a resolution or ordinance relinquishing such jurisdiction. Except as otherwise herein provided, the authority hereby given to [the] City of Lumberton shall become effective immediately upon the adoption by the city council of an ordinance making such territory subject to its authority.

(f)

The powers herein granted to the city council are intended to be supplementary to any powers now or hereafter conferred upon it. The exercise of powers herein granted shall be within the discretion of the council. This section shall have no effect upon any existing city ordinances. The adoption of any ordinance under authority of this section shall have no effect upon any litigation pending at the time of adoption of such ordinance.

(Sess. Laws 1963, Ch. 808, § 2)