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Planning Board - 120121
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Planning Board - 120121
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11/23/2021 2:17:32 PM
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12/1/2021
Meeting Type
Regular Meeting
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Advisory Bd. Minutes
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Planning Board minutes - 120121
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11 <br /> proof of such rights. A statement which declares that no vested rights have been established under G.S. <br /> 160A-385.1 or G.S. 153A-344.1 shall be binding on the landowner and any such vested right shall be <br /> terminated. <br /> (i) A municipality has no authority to adopt a resolution or petition itself under this Part for <br /> annexation of property it does not own or have any legal interest in. For the purpose of this subsection, <br /> a municipality has no legal interest in a State-maintained street unless it owns the underlying fee and not <br /> just an easement. <br /> 0) Using the procedures under this section, the governing board of any municipality may annex <br /> by ordinance any distressed area contiguous to its boundaries upon presentation to the governing board <br /> of a petition signed by at least one adult resident of at least two-thirds of the resident households located <br /> within such area. For purposes of this subsection, a "distressed area" is defined as an area in which at <br /> least fifty-one percent (51%) of the households in the area petitioning to be annexed have incomes that <br /> are two hundred percent (200%) or less than the most recently published United States Census Bureau <br /> poverty thresholds. The municipality may require reasonable proof that the petitioner in fact resides at <br /> the address indicated. <br /> (k) The petition under subsection 0)of this section shall be prepared in substantially the following <br /> form: <br /> DATE: <br /> To the (name of governing board) of the (City or Town) of <br /> 1. We the undersigned residents of real property believe that the area described in <br /> paragraph 2 below meets the requirements of G.S. 160A-310) and respectfully request <br /> that the area described in paragraph 2 below be annexed to the (City or Town) of <br /> 2. The area to be annexed is contiguous to the (City or Town) of , and the <br /> boundaries of such territory are as follows: <br /> (1) For purposes of determining whether the percentage of households in the area petitioning for <br /> annexation meets the poverty thresholds under subsections (bl) and 0) of this section, the petitioners <br /> shall submit to the municipal governing board any reasonable evidence that demonstrates the area in fact <br /> meets the income requirements of that subsection. The evidence presented may include data from the <br /> most recent federal decennial census, other official census documents, signed affidavits by at least one <br /> adult resident of the household attesting to the household size and income level, or any other <br /> documentation verifying the incomes for a majority of the households within the petitioning area. <br /> Petitioners may select to submit name, address, and social security number to the clerk, who shall in turn <br /> submit the information to the Department of Revenue. Such information shall be kept confidential and <br /> is not a public record. The Department shall provide the municipality with a summary report of income <br /> for households in the petitioning area. Information for the report shall be gleaned from income tax <br /> returns, but the report submitted to the municipality shall not identify individuals or households. (1947, <br /> c. 725, s. 8; 1959, c. 713; 1973, c. 426, s. 74; 1975, c. 576, s. 2; 1977, c. 517, s. 4; 1987, c. 562, s. 1; 1989 <br /> (Reg. Sess., 1990), c. 996, s. 3; 2011-57, s. 3; 2011-396, s. 10.) <br /> § 160A-31.1. Assumption of debt. <br /> (a) If the city has annexed under this Part any area which is served by a rural fire department and which <br /> is in: <br /> (1) An insurance district defined under G.S. 153A-233; <br /> (2) A rural fire protection district under Article 3A of Chapter 69 of the General Statutes; <br /> or <br /> (3) A fire service district under Article 16 of Chapter 153A of the General Statutes, <br />
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