State Codes and Statutes

Statutes > North-carolina > Chapter_160A > GS_160A-48

§ 160A‑48. Character of area to be annexed.

(a)        A municipal governing board may extend the municipalcorporate limits to include any area

(1)        Which meets the general standards of subsection (b), and

(2)        Every part of which meets the requirements of eithersubsection (c) or subsection (d).

(b)        The total area to be annexed must meet the followingstandards:

(1)        It must be adjacent or contiguous to the municipality'sboundaries at the time the annexation proceeding is begun, except if the entireterritory of a county water and sewer district created under G.S. 162A‑86(b1)is being annexed, the annexation shall also include any noncontiguous pieces ofthe district as long as the part of the district with the greatest land area isadjacent or contiguous to the municipality's boundaries at the time theannexation proceeding is begun.

(2)        At least one eighth of the aggregate external boundaries ofthe area must coincide with the municipal boundary.

(3)        No part of the area shall be included within the boundary ofanother incorporated municipality.

(c)        Part or all of the area to be annexed must be developed forurban purposes at the time of approval of the report provided for in G.S. 160A‑47.Area of streets and street rights‑of‑way shall not be used todetermine total acreage under this section. An area developed for urbanpurposes is defined as any area which meets any one of the following standards:

(1)        Has a total resident population equal to at least two andthree‑tenths persons for each acre of land included within itsboundaries; or

(2)        Has a total resident population equal to at least one personfor each acre of land included within its boundaries, and is subdivided intolots and tracts such that at least sixty percent (60%) of the total acreageconsists of lots and tracts three acres or less in size and such that at leastsixty‑five percent (65%) of the total number of lots and tracts are oneacre or less in size; or

(3)        Is so developed that at least sixty percent (60%) of thetotal number of lots and tracts in the area at the time of annexation are usedfor residential, commercial, industrial, institutional or governmentalpurposes, and is subdivided into lots and tracts such that at least sixtypercent (60%) of the total acreage, not counting the acreage used at the timeof annexation for commercial, industrial, governmental or institutionalpurposes, consists of lots and tracts three acres or less in size. For purposesof this section, a lot or tract shall not be considered in use for acommercial, industrial, institutional, or governmental purpose if the lot ortract is used only temporarily, occasionally, or on an incidental orinsubstantial basis in relation to the size and character of the lot or tract.For purposes of this section, acreage in use for commercial, industrial,institutional, or governmental purposes shall include acreage actually occupiedby buildings or other man‑made structures together with all areas thatare reasonably necessary and appurtenant to such facilities for purposes ofparking, storage, ingress and egress, utilities, buffering, and other ancillaryservices and facilities; or

(4)        Is the entire area of any county water and sewer districtcreated under G.S. 162A‑86(b1), but this subdivision only applies toannexation by a municipality if that:

a.         Municipality has provided in a contract with that districtthat the area is developed for urban purposes; and

b.         Contract provides for the municipality to operate the sewersystem of that county water and sewer district;

provided that the special categorization provided bythis subdivision only applies if the municipality is annexing in one proceedingthe entire territory of the district not already within the corporate limits ofa municipality; or

(5)        Is so developed that, at the time of the approval of theannexation report, all tracts in the area to be annexed are used forcommercial, industrial, governmental, or institutional purposes.

(d)        In addition to areas developed for urban purposes, agoverning board may include in the area to be annexed any area which does notmeet the requirements of subsection (c) if such area either:

(1)        Lies between the municipal boundary and an area developedfor urban purposes so that the area developed for urban purposes is either notadjacent to the municipal boundary or cannot be served by the municipalitywithout extending services and/or water and/or sewer lines through suchsparsely developed area; or

(2)        Is adjacent, on at least sixty percent (60%) of its externalboundary, to any combination of the municipal boundary and the boundary of anarea or areas developed for urban purposes as defined in subsection (c).

The purpose of this subsection is to permit municipal governing boardsto extend corporate limits to include all nearby areas developed for urban purposesand where necessary to include areas which at the time of annexation are notyet developed for urban purposes but which constitute necessary landconnections between the municipality and areas developed for urban purposes orbetween two or more areas developed for urban purposes. For purposes of thissubsection, "necessary land connection" means an area that does notexceed twenty‑five percent (25%) of the total area to be annexed.

(e)        In fixing new municipal boundaries, a municipal governingboard shall use recorded property lines and streets as boundaries. Some or allof the boundaries of a county water and sewer district may also be used whenthe entire district not already within the corporate limits of a municipalityis being annexed.

(f)         The area of an abolished water and sewer district shall beconsidered to be a water and sewer district for the purpose of this sectioneven after its abolition under G.S. 162A‑87.2(b). (1959, c. 1009, s. 4; 1973, c. 426, s. 74; 1983, c.636, s. 15; 1985, c. 757, s. 205(d); 1993 (Reg. Sess., 1994), c. 696, s. 7; c.714, s. 7; 1998‑150, s. 14.)

State Codes and Statutes

Statutes > North-carolina > Chapter_160A > GS_160A-48

§ 160A‑48. Character of area to be annexed.

(a)        A municipal governing board may extend the municipalcorporate limits to include any area

(1)        Which meets the general standards of subsection (b), and

(2)        Every part of which meets the requirements of eithersubsection (c) or subsection (d).

(b)        The total area to be annexed must meet the followingstandards:

(1)        It must be adjacent or contiguous to the municipality'sboundaries at the time the annexation proceeding is begun, except if the entireterritory of a county water and sewer district created under G.S. 162A‑86(b1)is being annexed, the annexation shall also include any noncontiguous pieces ofthe district as long as the part of the district with the greatest land area isadjacent or contiguous to the municipality's boundaries at the time theannexation proceeding is begun.

(2)        At least one eighth of the aggregate external boundaries ofthe area must coincide with the municipal boundary.

(3)        No part of the area shall be included within the boundary ofanother incorporated municipality.

(c)        Part or all of the area to be annexed must be developed forurban purposes at the time of approval of the report provided for in G.S. 160A‑47.Area of streets and street rights‑of‑way shall not be used todetermine total acreage under this section. An area developed for urbanpurposes is defined as any area which meets any one of the following standards:

(1)        Has a total resident population equal to at least two andthree‑tenths persons for each acre of land included within itsboundaries; or

(2)        Has a total resident population equal to at least one personfor each acre of land included within its boundaries, and is subdivided intolots and tracts such that at least sixty percent (60%) of the total acreageconsists of lots and tracts three acres or less in size and such that at leastsixty‑five percent (65%) of the total number of lots and tracts are oneacre or less in size; or

(3)        Is so developed that at least sixty percent (60%) of thetotal number of lots and tracts in the area at the time of annexation are usedfor residential, commercial, industrial, institutional or governmentalpurposes, and is subdivided into lots and tracts such that at least sixtypercent (60%) of the total acreage, not counting the acreage used at the timeof annexation for commercial, industrial, governmental or institutionalpurposes, consists of lots and tracts three acres or less in size. For purposesof this section, a lot or tract shall not be considered in use for acommercial, industrial, institutional, or governmental purpose if the lot ortract is used only temporarily, occasionally, or on an incidental orinsubstantial basis in relation to the size and character of the lot or tract.For purposes of this section, acreage in use for commercial, industrial,institutional, or governmental purposes shall include acreage actually occupiedby buildings or other man‑made structures together with all areas thatare reasonably necessary and appurtenant to such facilities for purposes ofparking, storage, ingress and egress, utilities, buffering, and other ancillaryservices and facilities; or

(4)        Is the entire area of any county water and sewer districtcreated under G.S. 162A‑86(b1), but this subdivision only applies toannexation by a municipality if that:

a.         Municipality has provided in a contract with that districtthat the area is developed for urban purposes; and

b.         Contract provides for the municipality to operate the sewersystem of that county water and sewer district;

provided that the special categorization provided bythis subdivision only applies if the municipality is annexing in one proceedingthe entire territory of the district not already within the corporate limits ofa municipality; or

(5)        Is so developed that, at the time of the approval of theannexation report, all tracts in the area to be annexed are used forcommercial, industrial, governmental, or institutional purposes.

(d)        In addition to areas developed for urban purposes, agoverning board may include in the area to be annexed any area which does notmeet the requirements of subsection (c) if such area either:

(1)        Lies between the municipal boundary and an area developedfor urban purposes so that the area developed for urban purposes is either notadjacent to the municipal boundary or cannot be served by the municipalitywithout extending services and/or water and/or sewer lines through suchsparsely developed area; or

(2)        Is adjacent, on at least sixty percent (60%) of its externalboundary, to any combination of the municipal boundary and the boundary of anarea or areas developed for urban purposes as defined in subsection (c).

The purpose of this subsection is to permit municipal governing boardsto extend corporate limits to include all nearby areas developed for urban purposesand where necessary to include areas which at the time of annexation are notyet developed for urban purposes but which constitute necessary landconnections between the municipality and areas developed for urban purposes orbetween two or more areas developed for urban purposes. For purposes of thissubsection, "necessary land connection" means an area that does notexceed twenty‑five percent (25%) of the total area to be annexed.

(e)        In fixing new municipal boundaries, a municipal governingboard shall use recorded property lines and streets as boundaries. Some or allof the boundaries of a county water and sewer district may also be used whenthe entire district not already within the corporate limits of a municipalityis being annexed.

(f)         The area of an abolished water and sewer district shall beconsidered to be a water and sewer district for the purpose of this sectioneven after its abolition under G.S. 162A‑87.2(b). (1959, c. 1009, s. 4; 1973, c. 426, s. 74; 1983, c.636, s. 15; 1985, c. 757, s. 205(d); 1993 (Reg. Sess., 1994), c. 696, s. 7; c.714, s. 7; 1998‑150, s. 14.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_160A > GS_160A-48

§ 160A‑48. Character of area to be annexed.

(a)        A municipal governing board may extend the municipalcorporate limits to include any area

(1)        Which meets the general standards of subsection (b), and

(2)        Every part of which meets the requirements of eithersubsection (c) or subsection (d).

(b)        The total area to be annexed must meet the followingstandards:

(1)        It must be adjacent or contiguous to the municipality'sboundaries at the time the annexation proceeding is begun, except if the entireterritory of a county water and sewer district created under G.S. 162A‑86(b1)is being annexed, the annexation shall also include any noncontiguous pieces ofthe district as long as the part of the district with the greatest land area isadjacent or contiguous to the municipality's boundaries at the time theannexation proceeding is begun.

(2)        At least one eighth of the aggregate external boundaries ofthe area must coincide with the municipal boundary.

(3)        No part of the area shall be included within the boundary ofanother incorporated municipality.

(c)        Part or all of the area to be annexed must be developed forurban purposes at the time of approval of the report provided for in G.S. 160A‑47.Area of streets and street rights‑of‑way shall not be used todetermine total acreage under this section. An area developed for urbanpurposes is defined as any area which meets any one of the following standards:

(1)        Has a total resident population equal to at least two andthree‑tenths persons for each acre of land included within itsboundaries; or

(2)        Has a total resident population equal to at least one personfor each acre of land included within its boundaries, and is subdivided intolots and tracts such that at least sixty percent (60%) of the total acreageconsists of lots and tracts three acres or less in size and such that at leastsixty‑five percent (65%) of the total number of lots and tracts are oneacre or less in size; or

(3)        Is so developed that at least sixty percent (60%) of thetotal number of lots and tracts in the area at the time of annexation are usedfor residential, commercial, industrial, institutional or governmentalpurposes, and is subdivided into lots and tracts such that at least sixtypercent (60%) of the total acreage, not counting the acreage used at the timeof annexation for commercial, industrial, governmental or institutionalpurposes, consists of lots and tracts three acres or less in size. For purposesof this section, a lot or tract shall not be considered in use for acommercial, industrial, institutional, or governmental purpose if the lot ortract is used only temporarily, occasionally, or on an incidental orinsubstantial basis in relation to the size and character of the lot or tract.For purposes of this section, acreage in use for commercial, industrial,institutional, or governmental purposes shall include acreage actually occupiedby buildings or other man‑made structures together with all areas thatare reasonably necessary and appurtenant to such facilities for purposes ofparking, storage, ingress and egress, utilities, buffering, and other ancillaryservices and facilities; or

(4)        Is the entire area of any county water and sewer districtcreated under G.S. 162A‑86(b1), but this subdivision only applies toannexation by a municipality if that:

a.         Municipality has provided in a contract with that districtthat the area is developed for urban purposes; and

b.         Contract provides for the municipality to operate the sewersystem of that county water and sewer district;

provided that the special categorization provided bythis subdivision only applies if the municipality is annexing in one proceedingthe entire territory of the district not already within the corporate limits ofa municipality; or

(5)        Is so developed that, at the time of the approval of theannexation report, all tracts in the area to be annexed are used forcommercial, industrial, governmental, or institutional purposes.

(d)        In addition to areas developed for urban purposes, agoverning board may include in the area to be annexed any area which does notmeet the requirements of subsection (c) if such area either:

(1)        Lies between the municipal boundary and an area developedfor urban purposes so that the area developed for urban purposes is either notadjacent to the municipal boundary or cannot be served by the municipalitywithout extending services and/or water and/or sewer lines through suchsparsely developed area; or

(2)        Is adjacent, on at least sixty percent (60%) of its externalboundary, to any combination of the municipal boundary and the boundary of anarea or areas developed for urban purposes as defined in subsection (c).

The purpose of this subsection is to permit municipal governing boardsto extend corporate limits to include all nearby areas developed for urban purposesand where necessary to include areas which at the time of annexation are notyet developed for urban purposes but which constitute necessary landconnections between the municipality and areas developed for urban purposes orbetween two or more areas developed for urban purposes. For purposes of thissubsection, "necessary land connection" means an area that does notexceed twenty‑five percent (25%) of the total area to be annexed.

(e)        In fixing new municipal boundaries, a municipal governingboard shall use recorded property lines and streets as boundaries. Some or allof the boundaries of a county water and sewer district may also be used whenthe entire district not already within the corporate limits of a municipalityis being annexed.

(f)         The area of an abolished water and sewer district shall beconsidered to be a water and sewer district for the purpose of this sectioneven after its abolition under G.S. 162A‑87.2(b). (1959, c. 1009, s. 4; 1973, c. 426, s. 74; 1983, c.636, s. 15; 1985, c. 757, s. 205(d); 1993 (Reg. Sess., 1994), c. 696, s. 7; c.714, s. 7; 1998‑150, s. 14.)