State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_160B > GS_160B-7

§ 160B‑7. Extension of urban service districts.

(a)        Standards. – The governing board, by resolution, may extendby annexation the boundaries of any urban service district upon finding that:

(1)        The area to be annexed is contiguous to the district, withat least one eighth of the area's aggregate external boundary coincident withthe existing boundary of the district;

(2)        The area to be annexed has a resident population density ofat least one person per acre and an assessed valuation of at least one thousanddollars ($1,000) per resident person; or the area to be annexed is so developedthat at least sixty per cent (60%) of the total number of lots and tracts inthe area at the time of annexation are used for residential, commercial,industrial, institutional or governmental purposes and at least sixty percent(60%) of the total acreage of the area at the time of annexation is devoted tothese uses; and

(3)        The area to be annexed requires the services, facilities orfunctions that are provided for the contiguous urban service district.

(b)        Annexation by Petition. – The governing board also, byresolution, may extend by annexation the boundaries of any urban servicedistrict when one hundred percent (100%) of the real property owners of thearea to be annexed have petitioned the governing board for annexation to theservice district.

(c)        Report. – Prior to the public hearing required by subsection(d), the consolidated city‑county shall prepare a report containing:

(1)        A map of the urban service district and the adjacentterritory, showing the present and proposed boundaries of the district;

(2)        A statement showing that the area to be annexed meets thestandards of subsection (a) or comes before the governing board by petition asprovided by subsection (b); and

(3)        A plan for extending urban services, facilities andfunctions to the area to be annexed.

The report shall be available in the office of the clerk of theconsolidated city‑county for at least two weeks prior to the date for thepublic hearing.

(d)        Hearing and Notice. – The governing board shall hold apublic hearing prior to adoption of any resolution extending the boundaries ofan urban service district. Notice of the hearing shall state the date, hour andplace of the hearing and its subject, and shall include a statement that thereport required by subsection (c) is available for inspection in the office ofthe clerk of the consolidated city‑county. Notice shall be published in anewspaper of general circulation in the county at least once and not less thanone week prior to the date of the hearing. In addition notice shall be mailedat least four weeks prior to the date of the hearing to the owners as shown bythe tax records of the consolidated city‑county of all property locatedwithin the area to be annexed. The person designated by the governing board tomail the notice shall certify to the governing board that the mailing has beencompleted, and his certificate shall be conclusive in the absence of fraud.

(d1)      Alternative Notice. – Notwithstanding the provisions ofsubsection (d) of this section, first‑class mail notice shall not berequired where a plan for consolidation prepared by a consolidation studycommittee pursuant to Article 20 of Chapter 153A of the General Statutes or aplan approved by the General Assembly proposed to include the area underconsideration for annexation within an urban service district.

(e)        Effective Date. – The resolution extending the boundaries ofthe district shall take effect at the beginning of a fiscal year commencingafter its passage, as determined by the governing board.

(f)         A consolidated city‑county may not utilize theprocedures of this section to annex to an urban service district territorywithin the boundaries of an active incorporated municipality. (1973, c. 537, s. 1; 1995, c. 461, s. 3.)