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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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9 <br /> of real property in that area. A municipality shall not be required to adopt more than one ordinance under <br /> this subsection within a 36-month period. <br /> (b2) The petition under subsection (b 1) of this section shall be prepared in substantially the <br /> following form: <br /> DATE: <br /> To the (name of governing board) of the (City or Town) of <br /> 1. We the undersigned owners of real property believe that the area described in <br /> paragraph 2 below meets the requirements of G.S. 160A-31(b 1) and respectfully <br /> request that the area described in paragraph 2 below be annexed to the (City or Town) <br /> of <br /> 2. The area to be annexed is contiguous to the (City or Town) of , and the <br /> boundaries of such territory are as follows: <br /> (c) Upon receipt of the petition, the municipal governing board shall cause the clerk of the <br /> municipality to investigate the sufficiency thereof and to certify the result of the investigation. For <br /> petitions received under subsection(b 1)or 0)of this section,the clerk shall receive the evidence provided <br /> under subsection (1) of this section before certifying the sufficiency of the petition. Upon receipt of the <br /> certification, the municipal governing board shall fix a date for a public hearing on the question of <br /> annexation, and shall cause notice of the public hearing to be published once in a newspaper having <br /> general circulation in the municipality at least 10 days prior to the date of the public hearing; provided, <br /> if there be no such paper, the governing board shall have notices posted in three or more public places <br /> within the area to be annexed and three or more public places within the municipality. <br /> (d) At the public hearing persons resident or owning property in the area described in the petition <br /> and persons resident or owning property in the municipality shall be given an opportunity to be heard. <br /> The governing board shall then determine whether the petition meets the requirements of this section. <br /> Upon a finding that the petition that was not submitted under subsection (bI) or 0) of this section meets <br /> the requirements of this section, the governing board shall have authority to pass an ordinance annexing <br /> the territory described in the petition. The governing board shall have authority to make the annexing <br /> ordinance effective immediately or on the June 30 after the date of the passage of the ordinance or the <br /> June 30 of the following year after the date of passage of the ordinance. <br /> (dl) Upon a finding that a petition submitted under subsection 0) of this section meets the <br /> requirements of this section, the governing body shall have the authority to adopt an annexation <br /> ordinance for the area with an effective date no later than 24 months after the adoption of the ordinance. <br /> (d2) Upon a finding that a petition submitted under subsection (bl) of this section meets the <br /> requirements of this section, the governing body shall, within 60 days of the finding, estimate the capital <br /> cost to the municipality of extending water and sewer lines to all parcels within the area covered by the <br /> petition and estimate the annual debt service payment that would be required if those costs were financed <br /> by a 20-year revenue bond. If the estimated annual debt service payment is less than five percent (5%) <br /> of the municipality's annual water and sewer systems revenue for the most recent fiscal year, then the <br /> governing body shall within 30 days adopt an annexation ordinance for the area with an effective date <br /> no later than 24 months after the adoption of the ordinance. If the estimated annual debt service payment <br /> is greater than or equal to five percent(5%)of the municipality's annual water and sewer systems revenue <br /> for the most recent fiscal year, then the governing body may adopt a resolution declining to annex the <br /> area. If such a resolution is adopted, the governing body shall immediately submit a request to the Local <br /> Government Commission to certify that its estimate of the annual debt service payment is reasonable <br /> based on established governmental accounting principles. <br /> (1) If the Local Government Commission certifies the estimate, the municipality is not <br /> required to annex the area and no petition to annex the area may be submitted under <br />
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