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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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32 <br /> (e) Notwithstanding Article 16 of this Chapter, the municipality may not charge, for any reason, <br /> any property owner within the area described in the annexation ordinance, for the installation or use of <br /> the water or sewer system unless that property owner is, or has requested to become, a customer of the <br /> water or sewer system. <br /> (f) The initial installation of water or sewer connection lines to property shall be completed <br /> without charge to the property owner. Title to water or sewer connection lines shall vest in the property <br /> owner following completion of the initial installation. The property owner shall be responsible for <br /> maintenance and repair of water and sewer connection lines on the owner's property following the initial <br /> installation. <br /> (g) If the municipality is unable to provide water or sewer service within three and one-half years, <br /> as required by this section, due to permitting delays that are caused through no fault of the municipality, <br /> the municipality may petition the Local Government Commission for a reasonable time extension. <br /> (h) For purposes of this section, the following definitions apply: <br /> (1) "At no cost other than periodic user fees." - The municipality may not charge the <br /> property owner who responded favorably under subdivision (b)(3) of this section for <br /> any costs associated with the installation of the water or sewer system. The municipality <br /> may not charge a property owner who applies to participate in the water and sewer <br /> system under subsection (d) of this section prior to the first periodic user fee charge, <br /> and on that bill the owner may be charged no more then as provided in subsection (d) <br /> of this section. <br /> (2) "Average installation of a connection for a residential lot." - The average of the cost <br /> for residential installations from curb to residence, including connection and tap fees, <br /> in the area described in the annexation ordinance. (2011-396, s. 9.) <br /> § 160A-58.57. Contract with rural fire department. <br /> (a) If the area to be annexed described in a resolution of intent passed under G.S. 160A-58.55(c) <br /> includes an area in an insurance district defined under G.S. 153A-233, a rural fire protection district <br /> under Article 3A of Chapter 69 of the General Statutes, or a fire service district under Article 16 of <br /> Chapter 153A of the General Statutes, and a rural fire department was on the date of adoption of the <br /> resolution of intent providing fire protection in the area to be annexed, then the city (if the rural fire <br /> department makes a written request for a good faith offer, and the request is signed by the chief officer <br /> of the fire department and delivered to the city clerk no later than 15 days before the public hearing) is <br /> required to make a good faith effort to negotiate a five-year contract with the rural fire department to <br /> provide fire protection in the area to be annexed. <br /> (b) If the area is a rural fire protection district or a fire service district,then an offer to pay annually <br /> for the term of the contract the amount of money that the tax rate in the district in effect on the date of <br /> adoption of the resolution of intent would generate based on property values on January 1 of each year <br /> in the area to be annexed which is in such a district is deemed to be a good faith offer of consideration <br /> for the contract. <br /> (c) If the area is an insurance district but not a rural fire protection district or fire service district, <br /> then an offer to pay annually over the term of the contract the amount of money which is determined to <br /> be the equivalent of the amount which would be generated by multiplying the fraction of the city's general <br /> fund budget in that current fiscal year which is proposed to be expended for fire protection times the tax <br /> rate for the city in the current year, and multiplying that result by the property valuation in the area to be <br /> annexed which is served by the rural fire department is deemed to be a good faith offer of consideration <br /> for the contract; Provided that the payment shall not exceed the equivalent of fifteen cents (150) on one <br /> hundred dollars ($100.00) valuation of annexed property in the district according to county valuations <br /> for the current fiscal year. <br />
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