incorporation annexation

1. Incorporation & Annexation Incorporation: establishment of city as legal entity Reasons: provide town services (streets, law enforcement, water/sewer, waste); exercise regulatory powers; (defensive reasons may mean to block annexation) Annexation: Expansion of geographic boundaries Reasons: planning authority, tax base, services

3. Voluntary Annexation: NC Statutes Voluntary: by Petition (160A-31) Signed by owners of all real property Land contiguous (at time of petition): abuts directly on municipal boundary or separated by street, creek, etc. Effective date immediate or in six months Subject to debts, ordinances, regulations Entitled to privileges and benefits Taxes Voluntary: Satellite (160A-58+) Petition signed by all owners of real property (non-exempt) Land not contiguous but Not more than 3 miles from city at nearest point No point nearer to another city unless annexation agreement Must be able to provide same services as within primary If subdivision, all of it Area, when added to all other satellite corporate limits not to exceed 10% of primary area Findings: public health, safety and welfare of inhabitants of city and of the area proposed for annexation will be best served by annexation

4. Involuntary Annexation: NC Statutes (160A-45) Character of area (160A-48) Total area (1) must be adjacent or contiguous at time; (2) 1/8 of aggregate boundaries must coincide with municipal boundary; (3) no part within another municipality AND Part/ all must be developed for urban purposes [high density] Resident population = 2.3 persons /acre OR [density + subdivision]: total population at least 1 person/acre AND subdivided into lots/tracts (at least 60% ACREAGE in lots 3 acres or less in size and 65% of NUMBER OF LOTS 1 acre or less in size) [developed use + subdivision]: 60% or more of NUMBER OF LOTS/TRACTS used for residential, commercial, industrial, institutional or governmental purposes* AND 60% or more of ACREAGE NOT IN commercial, industrial, governmental, institutional is in lots/tracks 3 acres or less in size (*actual not temporary or incidental or insubstantial use, but actually occupied) [water and sewer district]: entire area of water and sewer district if contract [developed use/non-residential]: ALL TRACTS are used for commercial, industrial, governmental

5. NC: Involuntary Annexation (continued) [�Land bridge�]: Additional area may also be included if Lies between municipal boundary and area developed for urban purposes so that the area developed for urban purposes is either not adjacent to municipal boundary or cannot be served without extending services and/or water and/or sewer lines through such sparsely developed area OR Is adjacent, on at least 60% of its external boundary, to any combination of the municipal boundary of an area or areas developed for urban purposes The purpose of this subsection is to permit municipality to extend corporate limits to include all nearby areas developed for urban purposes and where necessary to include areas which at time are not yet developed for urban purposes but which constitute necessary land connections� For purposes of section, �necessary land connection� means an area that does not exceed 25% of the total area to be annexed

6. Involuntary Annexation: Procedures & Remedies Purposes stated Substantive requirements: map, plan of service delivery Procedural requirements: Notice of intent Informational Meeting Public Hearing Ordinance requirements: findings, services Tax protections: property subject to �present-use value appraisal� Appeals: (160A-50) Within 60 days following passage any person owning property who shall believe that he will suffer material injury by reason of failure of muni board to comply with procedure Judicial review: statutory procedure not followed; prerequisites or urban purposes standards note met Remedies: remand or declare void Remedies for failure to provide services (160A-49(h)