State Codes and Statutes

Statutes > North-carolina > Chapter_160A > GS_160A-47

§ 160A‑47. Prerequisites to annexation; ability to serve; report and plans.

A municipality exercising authority under this Part shall make plansfor the extension of services to the area proposed to be annexed and shall,prior to the public hearing provided for in G.S. 160A‑49, prepare areport setting forth such plans to provide services to such area. The reportshall include:

(1)        A map or maps of the municipality and adjacent territory toshow the following information:

a.         The present and proposed boundaries of the municipality.

b.         The present major trunk water mains and sewer interceptorsand outfalls, and the proposed extensions of such mains and outfalls asrequired in subdivision (3) of this section. The water and sewer map must bearthe seal of a registered professional engineer.

c.         The general land use pattern in the area to be annexed.

(2)        A statement showing that the area to be annexed meets therequirements of G.S. 160A‑48.

(3)        A statement setting forth the plans of the municipality forextending to the area to be annexed each major municipal service performedwithin the municipality at the time of annexation. Specifically, such plansshall:

a.         Provide for extending police protection, fire protection,solid waste collection and street maintenance services to the area to beannexed on the date of annexation on substantially the same basis and in thesame manner as such services are provided within the rest of the municipalityprior to annexation. A contract with a rural fire department to provide fireprotection shall be an acceptable method of providing fire protection. If awater distribution system is not available in the area to be annexed, the plansmust call for reasonably effective fire protection services until such time aswaterlines are made available in such area under existing municipal policiesfor the extension of waterlines. A contract with a private firm to providesolid waste collection services shall be an acceptable method of providingsolid waste collection services.

b.         Provide for extension of major trunk water mains and seweroutfall lines into the area to be annexed so that when such lines areconstructed, property owners in the area to be annexed will be able to securepublic water and sewer service, according to the policies in effect in suchmunicipality for extending water and sewer lines to individual lots orsubdivisions. If requested by the owner of an occupied dwelling unit or anoperating commercial or industrial property in writing on a form provided bythe municipality, which form acknowledges that such extension or extensionswill be made according to the current financial policies of the municipalityfor making such extensions, and if such form is received by the city clerk nolater than five days after the public hearing, provide for extension of waterand sewer lines to the property or to a point on a public street or road right‑of‑wayadjacent to the property according to the financial policies in effect in suchmunicipality for extending water and sewer lines. If any such requests aretimely made, the municipality shall at the time of adoption of the annexationordinance amend its report and plan for services to reflect and accommodatesuch requests, if an amendment is necessary. In areas where the municipality isrequired to extend sewer service according to its policies, but theinstallation of sewer is not economically feasible due to the unique topographyof the area, the municipality shall provide septic system maintenance andrepair service until such time as sewer service is provided to propertiessimilarly situated.

c.         If extension of major trunk water mains, sewer outfalllines, sewer lines and water lines is necessary, set forth a proposed timetablefor construction of such mains, outfalls and lines as soon as possiblefollowing the effective date of annexation. In any event, the plans shall callfor construction to be completed within two years of the effective date ofannexation.

d.         Set forth the method under which the municipality plans tofinance extension of services into the area to be annexed.

(4)        A statement of the impact of the annexation on any ruralfire department providing service in the area to be annexed and a statement ofthe impact of the annexation on fire protection and fire insurance rates in thearea to be annexed, if the area where service is provided is in an insurancedistrict designated under G.S. 153A‑233, a rural fire protection districtunder Article 3A of Chapter 69 of the General Statutes, or a fire servicedistrict under Article 16 of Chapter 153A of the General Statutes. The ruralfire department shall make available to the city not later than 30 daysfollowing a written request from the city all information in its possession orcontrol, including but not limited to operational, financial and budgetaryinformation, necessary for preparation of a statement of impact. The rural firedepartment forfeits its rights under G.S. 160A‑49.1 and G.S. 160A‑49.2if it fails to make a good faith response within 45 days following receipt ofthe written request for information from the city, provided that the city'swritten request so states by specific reference to this section.

(5)        A statement showing how the proposed annexation will affectthe city's finances and services, including city revenue change estimates. Thisstatement shall be delivered to the clerk of the board of county commissionersat least 30 days before the date of the public informational meeting on anyannexation under this Part. (1959, c. 1009, s. 3; 1973, c. 426, s. 74; 1983, c. 636, ss. 7, 10, 11,17, 19; 1985, c. 610, ss. 2, 6, 7; 1989, c. 598, s. 8; 1991, c. 25, s. 2; c.761, s. 31; 1998‑150, s. 12.)

State Codes and Statutes

Statutes > North-carolina > Chapter_160A > GS_160A-47

§ 160A‑47. Prerequisites to annexation; ability to serve; report and plans.

A municipality exercising authority under this Part shall make plansfor the extension of services to the area proposed to be annexed and shall,prior to the public hearing provided for in G.S. 160A‑49, prepare areport setting forth such plans to provide services to such area. The reportshall include:

(1)        A map or maps of the municipality and adjacent territory toshow the following information:

a.         The present and proposed boundaries of the municipality.

b.         The present major trunk water mains and sewer interceptorsand outfalls, and the proposed extensions of such mains and outfalls asrequired in subdivision (3) of this section. The water and sewer map must bearthe seal of a registered professional engineer.

c.         The general land use pattern in the area to be annexed.

(2)        A statement showing that the area to be annexed meets therequirements of G.S. 160A‑48.

(3)        A statement setting forth the plans of the municipality forextending to the area to be annexed each major municipal service performedwithin the municipality at the time of annexation. Specifically, such plansshall:

a.         Provide for extending police protection, fire protection,solid waste collection and street maintenance services to the area to beannexed on the date of annexation on substantially the same basis and in thesame manner as such services are provided within the rest of the municipalityprior to annexation. A contract with a rural fire department to provide fireprotection shall be an acceptable method of providing fire protection. If awater distribution system is not available in the area to be annexed, the plansmust call for reasonably effective fire protection services until such time aswaterlines are made available in such area under existing municipal policiesfor the extension of waterlines. A contract with a private firm to providesolid waste collection services shall be an acceptable method of providingsolid waste collection services.

b.         Provide for extension of major trunk water mains and seweroutfall lines into the area to be annexed so that when such lines areconstructed, property owners in the area to be annexed will be able to securepublic water and sewer service, according to the policies in effect in suchmunicipality for extending water and sewer lines to individual lots orsubdivisions. If requested by the owner of an occupied dwelling unit or anoperating commercial or industrial property in writing on a form provided bythe municipality, which form acknowledges that such extension or extensionswill be made according to the current financial policies of the municipalityfor making such extensions, and if such form is received by the city clerk nolater than five days after the public hearing, provide for extension of waterand sewer lines to the property or to a point on a public street or road right‑of‑wayadjacent to the property according to the financial policies in effect in suchmunicipality for extending water and sewer lines. If any such requests aretimely made, the municipality shall at the time of adoption of the annexationordinance amend its report and plan for services to reflect and accommodatesuch requests, if an amendment is necessary. In areas where the municipality isrequired to extend sewer service according to its policies, but theinstallation of sewer is not economically feasible due to the unique topographyof the area, the municipality shall provide septic system maintenance andrepair service until such time as sewer service is provided to propertiessimilarly situated.

c.         If extension of major trunk water mains, sewer outfalllines, sewer lines and water lines is necessary, set forth a proposed timetablefor construction of such mains, outfalls and lines as soon as possiblefollowing the effective date of annexation. In any event, the plans shall callfor construction to be completed within two years of the effective date ofannexation.

d.         Set forth the method under which the municipality plans tofinance extension of services into the area to be annexed.

(4)        A statement of the impact of the annexation on any ruralfire department providing service in the area to be annexed and a statement ofthe impact of the annexation on fire protection and fire insurance rates in thearea to be annexed, if the area where service is provided is in an insurancedistrict designated under G.S. 153A‑233, a rural fire protection districtunder Article 3A of Chapter 69 of the General Statutes, or a fire servicedistrict under Article 16 of Chapter 153A of the General Statutes. The ruralfire department shall make available to the city not later than 30 daysfollowing a written request from the city all information in its possession orcontrol, including but not limited to operational, financial and budgetaryinformation, necessary for preparation of a statement of impact. The rural firedepartment forfeits its rights under G.S. 160A‑49.1 and G.S. 160A‑49.2if it fails to make a good faith response within 45 days following receipt ofthe written request for information from the city, provided that the city'swritten request so states by specific reference to this section.

(5)        A statement showing how the proposed annexation will affectthe city's finances and services, including city revenue change estimates. Thisstatement shall be delivered to the clerk of the board of county commissionersat least 30 days before the date of the public informational meeting on anyannexation under this Part. (1959, c. 1009, s. 3; 1973, c. 426, s. 74; 1983, c. 636, ss. 7, 10, 11,17, 19; 1985, c. 610, ss. 2, 6, 7; 1989, c. 598, s. 8; 1991, c. 25, s. 2; c.761, s. 31; 1998‑150, s. 12.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_160A > GS_160A-47

§ 160A‑47. Prerequisites to annexation; ability to serve; report and plans.

A municipality exercising authority under this Part shall make plansfor the extension of services to the area proposed to be annexed and shall,prior to the public hearing provided for in G.S. 160A‑49, prepare areport setting forth such plans to provide services to such area. The reportshall include:

(1)        A map or maps of the municipality and adjacent territory toshow the following information:

a.         The present and proposed boundaries of the municipality.

b.         The present major trunk water mains and sewer interceptorsand outfalls, and the proposed extensions of such mains and outfalls asrequired in subdivision (3) of this section. The water and sewer map must bearthe seal of a registered professional engineer.

c.         The general land use pattern in the area to be annexed.

(2)        A statement showing that the area to be annexed meets therequirements of G.S. 160A‑48.

(3)        A statement setting forth the plans of the municipality forextending to the area to be annexed each major municipal service performedwithin the municipality at the time of annexation. Specifically, such plansshall:

a.         Provide for extending police protection, fire protection,solid waste collection and street maintenance services to the area to beannexed on the date of annexation on substantially the same basis and in thesame manner as such services are provided within the rest of the municipalityprior to annexation. A contract with a rural fire department to provide fireprotection shall be an acceptable method of providing fire protection. If awater distribution system is not available in the area to be annexed, the plansmust call for reasonably effective fire protection services until such time aswaterlines are made available in such area under existing municipal policiesfor the extension of waterlines. A contract with a private firm to providesolid waste collection services shall be an acceptable method of providingsolid waste collection services.

b.         Provide for extension of major trunk water mains and seweroutfall lines into the area to be annexed so that when such lines areconstructed, property owners in the area to be annexed will be able to securepublic water and sewer service, according to the policies in effect in suchmunicipality for extending water and sewer lines to individual lots orsubdivisions. If requested by the owner of an occupied dwelling unit or anoperating commercial or industrial property in writing on a form provided bythe municipality, which form acknowledges that such extension or extensionswill be made according to the current financial policies of the municipalityfor making such extensions, and if such form is received by the city clerk nolater than five days after the public hearing, provide for extension of waterand sewer lines to the property or to a point on a public street or road right‑of‑wayadjacent to the property according to the financial policies in effect in suchmunicipality for extending water and sewer lines. If any such requests aretimely made, the municipality shall at the time of adoption of the annexationordinance amend its report and plan for services to reflect and accommodatesuch requests, if an amendment is necessary. In areas where the municipality isrequired to extend sewer service according to its policies, but theinstallation of sewer is not economically feasible due to the unique topographyof the area, the municipality shall provide septic system maintenance andrepair service until such time as sewer service is provided to propertiessimilarly situated.

c.         If extension of major trunk water mains, sewer outfalllines, sewer lines and water lines is necessary, set forth a proposed timetablefor construction of such mains, outfalls and lines as soon as possiblefollowing the effective date of annexation. In any event, the plans shall callfor construction to be completed within two years of the effective date ofannexation.

d.         Set forth the method under which the municipality plans tofinance extension of services into the area to be annexed.

(4)        A statement of the impact of the annexation on any ruralfire department providing service in the area to be annexed and a statement ofthe impact of the annexation on fire protection and fire insurance rates in thearea to be annexed, if the area where service is provided is in an insurancedistrict designated under G.S. 153A‑233, a rural fire protection districtunder Article 3A of Chapter 69 of the General Statutes, or a fire servicedistrict under Article 16 of Chapter 153A of the General Statutes. The ruralfire department shall make available to the city not later than 30 daysfollowing a written request from the city all information in its possession orcontrol, including but not limited to operational, financial and budgetaryinformation, necessary for preparation of a statement of impact. The rural firedepartment forfeits its rights under G.S. 160A‑49.1 and G.S. 160A‑49.2if it fails to make a good faith response within 45 days following receipt ofthe written request for information from the city, provided that the city'swritten request so states by specific reference to this section.

(5)        A statement showing how the proposed annexation will affectthe city's finances and services, including city revenue change estimates. Thisstatement shall be delivered to the clerk of the board of county commissionersat least 30 days before the date of the public informational meeting on anyannexation under this Part. (1959, c. 1009, s. 3; 1973, c. 426, s. 74; 1983, c. 636, ss. 7, 10, 11,17, 19; 1985, c. 610, ss. 2, 6, 7; 1989, c. 598, s. 8; 1991, c. 25, s. 2; c.761, s. 31; 1998‑150, s. 12.)