|
13
<br /> Part 4. Annexation of Noncontiguous Areas.
<br /> IFOA-58. Definitions.
<br /> The words and phrases defined in this section have the meanings indicated when used in this Part unless the
<br /> context clearly requires another meaning:
<br /> (1) "City" means any city, town, or village without regard to population, except cities not
<br /> qualified to receive gasoline tax allocations under G.S. 136-41.2.
<br /> (2) "Primary corporate limits" means the corporate limits of a city as defined in its charter,
<br /> enlarged or diminished by subsequent annexations or exclusions of contiguous territory
<br /> pursuant to Parts 1, 2, and 3 of this Article or local acts of the General Assembly.
<br /> (3) "Satellite corporate limits" means the corporate limits of a noncontiguous area annexed
<br /> pursuant to this Part or a local act authorizing or effecting noncontiguous
<br /> annexations. (1973, c. 1173, s. 2.)
<br /> § 160A-58.1. Petition for annexation, standards.
<br /> (a) Upon receipt of a valid petition signed by all of the owners of real property in the area
<br /> described therein, a city may annex an area not contiguous to its primary corporate limits when the area
<br /> meets the standards set out in subsection(b) of this section. The petition need not be signed by the owners
<br /> of real property that is wholly exempt from property taxation under the Constitution and laws of North
<br /> Carolina, nor by railroad companies, public utilities as defined in G.S. 62-3(23), or electric or telephone
<br /> membership corporations. A petition is not valid in any of the following circumstances:
<br /> (1) It is unsigned.
<br /> (2) It is signed by the city for the annexation of property the city does not own or have a
<br /> legal interest in. For the purpose of this subdivision, a city has no legal interest in a
<br /> State-maintained street unless it owns the underlying fee and not just an easement.
<br /> (3) It is for the annexation of property for which a signature is not required and the property
<br /> owner objects to the annexation.
<br /> (b) A noncontiguous area proposed for annexation must meet all of the following standards:
<br /> (1) The nearest point on the proposed satellite corporate limits must be not more than three
<br /> miles from the primary corporate limits of the annexing city.
<br /> (2) No point on the proposed satellite corporate limits may be closer to the primary
<br /> corporate limits of another city than to the primary corporate limits of the annexing city,
<br /> except as set forth in subsection (b2) of this section.
<br /> (3) The area must be so situated that the annexing city will be able to provide the same
<br /> services within the proposed satellite corporate limits that it provides within its primary
<br /> corporate limits.
<br /> (4) If the area proposed for annexation, or any portion thereof, is a subdivision as defined
<br /> in G.S. 160A-376, all of the subdivision must be included.
<br /> (5) The area within the proposed satellite corporate limits, when added to the area within
<br /> all other satellite corporate limits, may not exceed ten percent (10%) of the area within
<br /> the primary corporate limits of the annexing city.
<br /> This subdivision does not apply to the Cities of Asheboro, Belmont, Claremont,
<br /> Concord, Conover, Durham, Elizabeth City, Gastonia, Greenville, Hickory,
<br /> Kannapolis, Locust, Marion, Mount Airy, Mount Holly, New Bern, Newton, Oxford,
<br /> Randleman, Roanoke Rapids, Rockingham, Saluda, Sanford, Salisbury, Southport,
<br /> Statesville, and Washington and the Towns of Ahoskie, Angier, Apex, Ayden, Benson,
<br /> Bladenboro, Bridgeton, Bunn, Burgaw, Calabash, Carthage, Catawba, China Grove,
<br /> Clayton, Columbia, Columbus, Cramerton, Creswell, Dallas, Dobson, Four Oaks,
<br /> Franklin, Franklinton, Fuquay-Varina, Garner, Godwin, Granite Quarry, Green Level,
<br />
|