Transcript 2011 A New Day in Annexation - N.C. League of Municipalities

NCLM Annual Conference
Annexation Reform Legislation
Frayda S. Bluestein
October 24, 2011
Statutory Procedures Prior to Reform
• Four statutory methods:
– Voluntary contiguous (100% petition required)
– Voluntary satellite (100% petition required)
– Involuntary by cities under 5,000 (urbanization
standards/service requirements)
– Involuntary by cities 5,000 or more (urbanization
standards/service requirements)
• Legislative annexation/deannexation by local act
(no standards or requirements apply)
Annexation Reform
S.L. 2011-396 (H 845)
• Eliminates separate standards for small towns
• Invalidates annexation if rejected by petition of
owners of 60% of property in the area to be
annexed
• Requires cities to extend water and sewer to
annexed property within 3.5 years
• Requires annexation if petition by owners of 75%
of property in high poverty areas
• Allows annexation if petition by residents of 2/3
of households in high poverty areas
Not Changed
• Standards for urbanization – standards for
large cities now apply to all
• Legislative annexation/deannexation always
possible:
– Separate legislation allows rejection of approved
annexations.
• S.L. 2011-173 (S 27), S.L. 2011-177 (H 56): Kinston,
Lexington, Rocky Mount, Wilmington, Asheville,
Marvin, Southport, Fayetteville, Goldsboro
Denial By Petition
• Annexation is denied if petitions from owners of
60% of the property in the affected area
– Multiple owners; majority must sign
• Guarantees notice early in the process
• County tax assessor prepares list based on tax
listings
• Board of Election mails preprinted petitions and
certifies results
• City bears the cost
Water and Sewer
• If the city provides or contracts to provide
services, must allow property owners to request
service to their property
• Must provide notice of right to request service
• Must extend to all properties who request it at no
cost other than user fee
• Must complete construction within 3.5 years of
annexation effective date
• Property owners who choose to receive services
later may be charged based on graduated
schedule set out in statute
Exemption for Farms
• Land used for farm purposes (broadly defined)
may not be annexed without the owner’s
written consent
– S.L. 2011-363 (HB 168)
– Eliminates prior provisions regarding annexation
of present use value property.
– If consent is obtained, property is considered to
be in the city for all purposes.
Annexation by Petition
• City must annex if petition from owners of 75% of
property in high poverty area
– High poverty: 51% of households have incomes 200%
or less than the current federal poverty threshold
– Area must have 1/8 contiguity; may not exceed 10% of
existing population
– Must provide water and sewer to annexed area
– Obligation may be relieved if cost of providing services
exceeds capacity as defined in the statute
• City may annex upon petition of 2/3 of residents
in high poverty (“distressed”) area
Petition Process
• What communication is allowed during the
petition process?
– Getting Your Message Across: What Can Public
Officials Say In Support of Pending Policies or
Proposals?
Legislative Summaries
• SOG’s Legislative Summaries website:
www.sog.unc.edu/dailybulletin/summaries11
• Materials include
bulletins, blog
entries, teaching
materials, etc.
10
H845
 Must extend water and sewer “to the
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house”
Water and sewer within 3½ years
Can’t annex farm land
Must annex high poverty areas on 75%
owner petition
60% petition veto
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So What
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