Orange County NC Website
25 <br /> 5. Is so developed that, at the time of the approval of the annexation <br /> report, all tracts in the area to be annexed are used for commercial, <br /> industrial, governmental, or institutional purposes. <br /> b. Part or all of the area to be annexed meets either of the following: <br /> 1. Lies between the municipal boundary and an area developed for urban <br /> purposes so that the area developed for urban purposes is either not <br /> adjacent to the municipal boundary or cannot be served by the <br /> municipality without extending major municipal services, including <br /> water or sewer lines, through such sparsely developed area. <br /> 2. Is adjacent, on at least sixty percent (60%) of its external boundary, <br /> to any combination of the municipal boundary and the boundary of an <br /> area or areas developed for urban purposes as defined in sub- <br /> subdivision a. of this subsection. <br /> The purpose of paragraphs 1. and 2. of this sub-subdivision is to permit <br /> municipal governing boards to extend corporate limits to include all nearby <br /> areas developed for urban purposes and where necessary to include areas <br /> which at the time of annexation are not yet developed for urban purposes but <br /> which constitute necessary land connections between the municipality and <br /> areas developed for urban purposes or between two or more areas developed <br /> for urban purposes. <br /> C. The total area to be annexed is completely surrounded by the municipality's <br /> primary corporate limits. <br /> (b) In fixing new municipal boundaries and determining whether an area is developed for urban <br /> purposes, a municipal governing board shall comply with all the following: <br /> (1) Use recorded property lines and streets as boundaries. Some or all of the boundaries of <br /> a county water and sewer district may also be used when the entire district is not already <br /> within the corporate limits of the municipality. <br /> (2) Use whole parcels of property in that if any portion of that parcel is included, the entire <br /> parcel of real property as recorded in the deed transferring title shall be included. <br /> (3) Not use a connecting corridor consisting solely of the length of a street or street right- <br /> of-way to establish contiguity. <br /> (4) Not consider property in use for a commercial, industrial, institutional, or governmental <br /> purpose if the lot or tract is used only temporarily, occasionally, or on an incidental or <br /> insubstantial basis in relation to the size and character of the lot or tract. <br /> (5) Include acreage actually occupied by buildings or other man-made structures together <br /> with all areas that are reasonably necessary and appurtenant to such facilities for <br /> purposes of parking, storage, ingress and egress, utilities, buffering, and other ancillary <br /> services and facilities when determining acreage in use for commercial, industrial, <br /> institutional, or governmental purposes. <br /> (6) Consider the area of an abolished water and sewer district to be a water and sewer <br /> district for the purpose of this section even after its abolition under G.S. 162A-87.2(b). <br /> (c) As used in this subsection, "bona fide farm purposes" is as described in G.S. 153A-340. As <br /> used in this subsection, "property" means a single tract of property or an identifiable portion of a single <br /> tract. Property that is being used for bona fide farm purposes on the date of the resolution of intent to <br /> consider annexation may not be annexed without the written consent of the owner or owners of the <br /> property. (2011-396, s. 9; 2011-363, s. 3.1.) <br />