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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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Date
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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26 <br /> § 160A-58.55. Procedure for annexation. <br /> (a) Resolution of Consideration. - Any municipal governing board desiring to annex territory <br /> under the provisions of this Part shall first pass a resolution of consideration identifying the area under <br /> consideration for annexation by either a metes and bounds description or a map. The resolution of <br /> consideration shall remain effective for two years after adoption and be filed with the municipal clerk. A <br /> new resolution of consideration adopted before expiration of the two-year period for a previously adopted <br /> resolution covering the same area shall relate back to the date of the previous resolution. Adoption of a <br /> resolution of consideration shall not confer prior jurisdiction over the area as to any other municipality. <br /> (b) Notice of Resolution of Consideration. - A notice of the adoption of the resolution of <br /> consideration shall be published once a week for two successive weeks, with each publication being on <br /> the same day of the week, in a newspaper having general circulation in the municipality. The second <br /> publication shall be no more than 30 days following adoption of the resolution of consideration. The <br /> resolution of consideration shall contain a map or description of the area under consideration and a <br /> summary of the annexation process and time lines. A copy of the resolution of consideration shall be <br /> mailed within 30 days after the adoption of the resolution of consideration by first class mail to the <br /> property owners of real property located within the area under consideration for annexation as shown by <br /> the tax records of the county. If a proposed annexation extends across a county border into a county other <br /> that the county where the majority of the area of the existing municipality is located, a copy of the <br /> resolution of consideration shall be mailed within 30 days after the adoption of the resolution of <br /> consideration by first class mail to the clerk of the board of county commissioners of that county. <br /> (c) Resolution of Intent. - At least one year after adoption of the resolution of consideration, the <br /> municipal governing body may adopt a resolution of intent of the municipality to proceed with the <br /> annexation of some or all of the area described in the resolution of consideration. The resolution of intent <br /> shall describe the boundaries of the area proposed for annexation, fix a date for a public informational <br /> meeting, fix a date for a public hearing on the question of annexation, and fix a date for the referendum <br /> on annexation. The date for the public informational meeting shall be not less than 45 days and not more <br /> than 55 days following passage of the resolution of intent. The date for the public hearing shall be not <br /> less than 130 days and not more than 150 days following passage of the resolution of intent. The date of <br /> the referendum on annexation shall be set for the next municipal general election that is more than 45 <br /> days from the date of the resolution of intent. <br /> (d) Notice of Public Informational Meeting, Public Hearing, and Opportunity for Water and <br /> Sewer. - A combined notice of public informational meeting and public hearing shall be issued as <br /> provided for in this subsection as follows: <br /> (1) The notice shall be a combined notice that includes at least all of the following: <br /> a. The date, hour, and place of the public informational meeting. <br /> b. The date, hour, and place of the public hearing. <br /> C. A clear description of the boundaries of the area under consideration, <br /> including a legible map of the area. <br /> d. A statement that the report required by G.S. 160A-58.53 will be available at <br /> the office of the municipal clerk. <br /> e. An explanation of a property owner's rights under this section. <br /> f. A summary of the annexation process with time lines. <br /> g. A summary of the opportunity to vote in the referendum and available <br /> statutory remedies appealing the annexation and the failure to provide <br /> services. <br />
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