Orange County NC Website
30 <br /> annexation ordinance, and again within three and one-half years of the effective date of <br /> the annexation ordinance or upon the completion of the installation, whichever occurs <br /> first. If the municipality failed to deliver either water or sewer services, or both, as <br /> provided for in G.S. 160A-58.53(3)b. within three and one-half years after the effective <br /> date of the annexation, the municipality shall stop any other annexations in progress <br /> and may not begin any other annexation until the water and sewer services are provided. <br /> The municipality shall adopt a resolution of consideration to begin again any <br /> annexation that is stopped due to this subdivision. (2011-396, s. 9; 2012-11, s. 2.) <br /> § 160A-58.56. Provision of water and sewer service. <br /> (a) The municipality shall provide water and sewer service to the annexed area as required by <br /> plans for extension under G.S. 160A-58.53(3) within three and one-half years of the effective date of the <br /> annexation ordinance except as provided in subdivision (b)(4) of this section. If(i) the residents in the <br /> existing city boundaries are served by a public water or sewer system, or by a combination of a public <br /> water or sewer system and one or more nonprofit entities providing service by contract with the public <br /> system, (ii) the annexing municipality does not provide that service within the existing city boundaries, <br /> (iii) the area to be annexed is in an area served by the public water or sewer system, and (iv) the <br /> municipality has no responsibility through an agreement with the public water or sewer system to pay <br /> for the extension of lines to areas annexed to the city, the city shall have no financial responsibility for <br /> the extension of water and sewer lines under this section. For purposes of this provision, "public water <br /> or sewer system" means a water or sewer authority formed under Article 1 of Chapter 162A of the <br /> General Statutes; a metropolitan water or sewerage district formed under Article 4 or Article 5 of Chapter <br /> 162A of the General Statutes; a county water or sewer district formed under Article 6 of Chapter 162A <br /> of the General Statutes; a sanitary district formed under Article 2 of Chapter 130A of the General <br /> Statutes; a county-owned water or sewer system; a municipal-owned water or sewer system; a water or <br /> sewer utility created by an act of the General Assembly; or a joint agency providing a water or sewer <br /> system by interlocal agreement under Article 20 of Chapter 160A of the General Statutes. <br /> (b) Prior to the adoption of the annexation ordinance, the municipality shall offer to each eligible <br /> property owner of real property located within the area proposed to be annexed an opportunity to obtain <br /> water or sewer service, or both, at no cost other than periodic user fees based upon usage as follows: <br /> (1) After passage of the resolution of intent, the property owner of real property located <br /> within the area proposed to be annexed shall be notified in writing, as provided in G.S. <br /> 160A-58.55(d), within five business days of the passage of the resolution of intent, of <br /> the opportunity to have water and sewer lines and connections installed at no cost to <br /> the property owner. The notice shall state that a request for extending water and sewer <br /> lines does not waive the right to contest the annexation. The property owners of real <br /> property located within the area proposed to be annexed shall be allowed 65 days from <br /> the date of the passage of the resolution of intent to respond yes or no to the opportunity. <br /> Any property owner of a parcel that is an existing customer of the municipality's water <br /> or sewer, whether provided by the municipality or by a third party under contract with <br /> the municipality, shall be deemed to respond yes to the opportunity, whether or not the <br /> property owner returns the notification. <br /> (2) At the close of the 65-day period, the municipality shall determine if the eligible <br /> property owners of a majority of the parcels to be annexed have responded favorably. <br /> A majority of the property owners of a single parcel of real property must respond <br /> favorably before the municipality may count that parcel of real property as responding <br /> favorably. <br />