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Chapter 153A 22
<br />with the minimum standards of the Board of Transportation set forth in G.S. 136 -1 02.6. The service
<br />district or districts created shall include only subdivision lots within the subdivision, and one or more
<br />additional contiguous subdivisions, where the property owners' association, whose purpose is to
<br />represent these subdivision lots, agrees to be included in the service district. For subdivision lots in an
<br />additional contiguous subdivision or for other adjacent or contiguous property to be annexed according
<br />to G.S. 153A -303, the property owners' association representing the subdivision or property to be
<br />annexed must approve the annexation. For the purposes of this subsection: (1) "subdivision lots" are
<br />defined as either separate tracts appearing of record upon a recorded plat, or other lots, building sites, or
<br />divisions of land for sale or building development for residential purposes; and (ii) "public roads" are
<br />defined as roads that are in actual open use as public vehicular areas, or dedicated or offered for
<br />dedication to the public use as a road, highway, street, or avenue, by a deed, grant, map, or plat, and that
<br />have been constructed and are in use by the public, but that are not currently being maintained by any
<br />public authority. _
<br />(e) The board of commissioners of a county that adjoins or contains a lake, river, or tributary of
<br />a river or lake that has an identified noxious aquatic weed problem may define any number of noxious
<br />aquatic weed control service districts composed of property that is contiguous to the water or that
<br />provides direct access to the water through a shared, certified access site to the water. As used in this
<br />subsection, the term "noxious aquatic weed" is any plant organism identified by the Secretary of
<br />Environment and Natural Resources under G.S. 113A -222 or regulated as a plant pest by the
<br />Commissioner of Agriculture under Article 36 of Chapter 106 of the General Statutes. (1973, c. 489, s.
<br />1; c. 522, s. 2; c. 1375; 1979, c. 595, s. 1; c. 619, s. 6; 1983 (Reg. Sess., 1984), c. 1078, s. 1; 1959, c.
<br />620; 1993, c. 378, s. 1; 1995, c. 354, s. 1; c. 434, s. 1; 1997 -456, s. 24; 2005-433, s. 10(b); 2005-440, s.
<br />1; 2008 -134, s. 76(c); 2011 -100, s. 1.)
<br />§ 153A -302. Definition of service districts.
<br />(a) Standards. - In determining whether to establish a proposed service district, the board of
<br />commissioners shall consider all of the following:
<br />(1) The resident or seasonal population and population density of the proposed district.
<br />(2) The appraised value of property subject to taxation in the proposed district.
<br />(3) The present tax rates of the county and any cities or special districts in which the
<br />district or any portion thereof is located.
<br />(4) The ability of the proposed district to sustain the additional taxes necessary to
<br />provide the services planned for the district.
<br />(5) If it is proposed to furnish water, sewer, or solid waste collection services in the
<br />district, the probable net revenues of the projects to be financed and the extent to
<br />which the services will be self- supporting.
<br />(6) Any other matters that the commissioners believe to have a bearing on whether the
<br />district should be established.
<br />(al) Findings. -The board of commissioners may establish a service district if, upon the
<br />information and evidence it receives, the board finds that all of the following apply:
<br />(1) There is a demonstrable need for providing in the district one or more of the services
<br />listed in G.S. 153A -301.
<br />(2) It is impossible or impracticable to provide those services on a countywide basis.
<br />(3) It is economically feasible to provide the proposed services in the district without
<br />unreasonable or burdensome annual tax levies.
<br />(4) There is a demonstrable demand for the proposed services by persons residing in the
<br />district.
<br />Territory lying within the corporate limits of a city or sanitary district may not be included unless the
<br />http: / /www.ncga. state. nc. us /gascripts/ statutes /statutelookup.pl ?statute =153A 2/14/2013
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