HomeMy WebLinkAboutPlanning Board - 120121 ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
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AGENDA
ORANGE COUNTY PLANNING BOARD
Wednesday, December 1, 2021
Regular Meeting — 7:00 pm
Due to current public health concerns, the meeting will be virtual. Members of the Planning
Board and staff will be participating in the meeting remotely. Interested members of the
public can view and participate in the meeting by following the instructions at the end of the
agenda. (Please note that pre-registration no later than 3:00 p.m. the day of the meeting is
required to speak at the meeting).
1. CALL TO ORDER
INFORMATIONAL ITEMS
2 5 - 6 a. Planning Calendar for December and January
7 — 38 b. North Carolina Annexation Statutes
APPROVAL OF MINUTES
3. 39 — 42 November 3, 2021 Regular Meeting Minutes
43 —44 November 3, 2021 Ordinance Review Committee Notes
4. CONSIDERATION OF ADDITIONS TO AGENDA
5. PUBLIC CHARGE
Introduction to the Public Charge
The Board of County Commissioners, under the authority of North Carolina General Statute,
appoints the Orange County Planning Board (OCPB)to uphold the written land development
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and
harmonious development. OCPB shall do so in a manner which considers the present and
future needs of its residents and businesses through efficient and responsive process that
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB
will make every effort to uphold a vision of responsive governance and quality public services
during our deliberations, decisions, and recommendations.
Public Charge
The Planning Board pledges its respect to all present. The Board asks those attending this
meeting to conduct themselves in a respectful, courteous manner toward each other, County
staff, and Board members. At any time should a member of the Board or the public fail to
observe this charge, the Chair will take steps to restore order and decorum. Should it
become impossible to restore order and continue the meeting, the Chair will recess the
meeting until such time that a genuine commitment to this public charge is observed.
The Planning Board asks that all electronic devices such as cell phones, pagers, and
computers should please be turned off or set to silent/vibrate.
Please be kind to everyone.
No. Page(s) Agenda Item
6. CHAIR COMMENTS
7. 45 — 58 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS —
DECRIMINALIZATION OF ORDINANCE VIOLATION - To make a
recommendation to the BOCC on Planning Director-initiated
amendments to the UDO in response to Session Law 2021-138 (Senate
Bill 300) which decriminalized violations of certain types of ordinances,
including ordinances regulating planning and development. This item
was reviewed at the November 3 ORC meeting and is scheduled for
public hearing on December 14, 2021.
Presenter: Michael Harvey, Current Planning Supervisor
8. 59 — 64 PLANNING BOARD ANNUAL REPORT AND WORK PLAN: To discuss the
annual input form which informs the BOCC of the past year's activities
of advisory boards/commissions and assists in overall County work
planning.
Presenter: Craig Benedict, Planning Director
9. ADJOURNMENT
Public Comments / Participation
There are two methods for public comment:
• Written submittals by email or drop-off
• Speaking during the virtual meeting
Written Public Comments
Members of the public are encouraged to provide written public comments by emailing
comments to plan ningboard(a)_orangecountync.gov no later than 3:00 p.m. on the afternoon
of the meeting. Please include in the Subject line of the email the title of the agenda item
your comment pertains to. Emails sent to this address are viewable on Google Groups:
https://groups.google.com/g/ocplanningboard
Written comments can also be dropped off at the Planning Department's offices at 131 W.
Margaret Lane, 2nd floor, Hillsborough, NC during normal business hours (8:00 a.m. to 5:00
p.m. Monday through Friday). If a staff member is not available, please leave your
comments in the drop-off box near the front counter. Written comments will be scanned and
sent by staff to the email address indicated above.
Verbal Public Comments
Members of the public must contact Planning Department staff via email at
ocpbpubliccommentCc)_orangecountync.gov no later than 3:00 p.m. on the afternoon of the
meeting and indicate they wish to speak during the meeting.
When submitting the request to speak, please include the following:
• The date of the meeting
• The title of the agenda item you wish to speak on
• Your name, address, email and phone number
o The phone number must be the number you will call in from if participating by
phone
During the meeting, speakers will be called upon in the order in which requests to speak
were received. Each speaker may speak once per agenda item and has 3 minutes to
address the board. Ceding time to another speaker is not permitted.
In the event a meeting is continued to a future date due to the length of public comments,
the date for the continued meeting will be announced before the meeting adjourns. No
additional requests to speak will be taken for the continued meeting, only the speakers who
signed up to speak at the original meeting and were not called upon will be able to speak at
the continued meeting. Written comments continue to be encouraged and can be sent to
the email address indicated in the "Written Public Comments" instructions above.
Zoom Meeting Registration
Both members of the public who wish to speak at the meeting and those who wish to only
view the meeting must register to receive a link to the meeting. Persons wishing to speak
must register with the same name provided in the email that notified staff you wish to speak.
The link to sign up for the meeting is:
https://orangecountync.zoom.us/webinar/registerMN n4NiwzZRRVesxcyuUEaRiQ
If you do not have internet access, you may participate in the meeting via phone. Please
call (919) 245-2575 during regular business hours to receive information on the number to
call-in to, the meeting ID, and a password.
Review Process
The Planning Board is an appointed volunteer advisory board which makes
recommendations to the Board of County Commissioners (the elected officials). The Board
of County Commissioners holds a formal public hearing and makes decisions. Section 2.8
of the County's Unified Development Ordinance contains a flowchart depicting the entire
review process for rezoning and text amendment applications.
:\�I
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Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4
Planning Board
7:00 pm*
Virtual Meeting
5 6 7 8 9 10 11
BOCC
Business
Meeting
7:00 pm
Virtual Meeting
12 13 14 15 16 17 18
Board of BOCC OUTBoard
Adjustment Business Meeting
7:00 pm Meeting 6:30 pm
7:00 pm
Virtual Meeting Virtual Meeting
19 20 21 22 23 24 25
26 27 28 29 30 31
Notes:
• • Planning
• • Board Member
• • Attendance
Required
Virtual Meeting
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Sunday Monday Tuesday 7Wednesdayhursday Friday Saturday
1
Notes:
*Planning
Board Member
Attendance
Required
Virtual Meeting
2 3 4 5 6 7 8
Planning Board
Meeting
7:00 pm*
Virtual Meeting
9 10 11 12 13 14 15
Board of
Adjustment
7:00 pm
16 17 18 19 20 21 22
BOCC OUTBoard :•
• Business Meeting
• Meeting 6:30 pm :• -
Virtual Meeting Virtual Meeting • -
23 24 25 26 27 28 29
Assembly of
Government
7:00 PM
30
7
ORANGE COUNTY
NORTH CAROLINA
MEMORANDUM
TO: Planning Board
FROM: Craig N. Benedict, Planning Director
DATE: November 22, 2021
SUBJECT: Item 2. b., North Carolina Annexation Statutes
ATTACHMENT(S): NC Annexation Statutes from UNC School of Government (SOG)
Website and NC General Assembly Website
BACKGROUND: This item has been provided in response to Planning Board member
requests for additional information on municipal annexation in North Carolina.
Attached and color-coded accordingly, North Carolina has three statutory methods
of municipal annexation:
1. Voluntary annexation of contiguous areas (G.S. 160A-31 and -31.1).
2. Voluntary annexation of noncontiguous areas (G.S. 160A-58 through -58.8).
3. Involuntary annexation of contiguous areas, subject to urban development
standards, mandatory service provisions, and a referendum requiring approval by
a majority of voters in the area to be annexed (G.S. 160A - 58.50 through -
58.63).
In addition, the General Assembly retains the power to annex territory to a city. (Only
the General Assembly has authority to de-annex, or remove, property from a city.) The
two voluntary annexation procedures are relatively noncontroversial. The applicable
North Carolina General Statutes (NCGS) are attached for the Board's information and
contain the exact text as derived from the North Carolina General Assembly's website
covering Chapter 160A, Cities and Towns.
If the Planning Board wishes for more information related Extra-Territorial Jurisdiction
(ETJ) expansion and the county's authority, staff can provide at a later meeting with the
help of the Attorney's Office.
8
Attachment 1
NC Annexation Statutes from UNC SOG Website
Article 4A.
Extension of Corporate Limits.
Part 1. Extension by Petition.
§§ 160A-24 through 160A-28: Repealed by Session Laws 1983, c. 636, s. 26.
§ 160A-29. Map of annexed area, copy of ordinance and election results recorded in the office of register
of deeds.
Whenever the limits of any municipal corporation are enlarged, in accordance with the provisions of this
Article, it shall be the duty of the mayor of the city or town to cause an accurate map of such annexed territory,
together with a copy of the ordinance duly certified, and the official results of the election, if conducted, to be
recorded in the office of the register of deeds of the county or counties in which such territory is situated and in
the office of the Secretary of State. The documents required to be filed with the Secretary of State under this
section shall be filed not later than 30 days following the effective date of the annexation ordinance. All
documents shall have an identifying number affixed thereto and shall conform in size in accordance with rules
prescribed by the Secretary. Failure to file within 30 days shall not affect the validity of the annexation. Any
annexation shall be reported as part of the Boundary and Annexation Survey of the United States Bureau of the
Census. (1947, c. 725, s. 6; 1973, c. 426, s. 74; 1987, c. 715, s. 6, c. 879, s. 3; 1989, c. 440, s. 7; 1991, c. 586, s.
1.)
§ 160A-30. Surveys of proposed new areas.
The governing bodies of the cities and towns after five days'written notice to the owner of record or persons
in possession of the premises are hereby authorized to enter upon any lands to make surveys or examinations as
may be necessary in carrying out the mapping requirements of proposed annexations under any provision of
Article 4A of Chapter 160A; provided,the city or town authorizing such entry shall make reimbursement for any
damage resulting from such activity. (1947, c. 725, s. 7; 1973, c. 426, s. 74; 1975, c. 312.)
§ 160A-31. Annexation by petition.
(a) The governing board of any municipality may annex by ordinance any area contiguous to its
boundaries upon presentation to the governing board of a petition signed by the owners of all the real
property located within such area. The petition shall be signed by each owner of real property in the area
and shall contain the address of each such owner.
(b) The petition shall be prepared in substantially the following form:
DATE:
To the (name of governing board) of the (City or Town) of
1. We the undersigned owners of real property respectfully request that the area
described in paragraph 2 below be annexed to the (City or Town) of
2. The area to be annexed is contiguous to the (City or Town) of and the
boundaries of such territory are as follows:
(b 1) Notwithstanding the provisions of subsections (a) and (b) of this section, if fifty-one percent
(51%) of the households in an area petitioning for annexation pursuant to this section have incomes that
are two hundred percent (200%) or less than the most recently published United States Census Bureau
poverty thresholds, the governing board of any municipality shall annex by ordinance any area the
population of which is no more than ten percent (10%) of that of the municipality and one-eighth of the
aggregate external boundaries of which are contiguous to its boundaries, upon presentation to the
governing board of a petition signed by the owners of at least seventy-five percent (75%) of the parcels
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of real property in that area. A municipality shall not be required to adopt more than one ordinance under
this subsection within a 36-month period.
(b2) The petition under subsection (b 1) of this section shall be prepared in substantially the
following form:
DATE:
To the (name of governing board) of the (City or Town) of
1. We the undersigned owners of real property believe that the area described in
paragraph 2 below meets the requirements of G.S. 160A-31(b 1) and respectfully
request that the area described in paragraph 2 below be annexed to the (City or Town)
of
2. The area to be annexed is contiguous to the (City or Town) of , and the
boundaries of such territory are as follows:
(c) Upon receipt of the petition, the municipal governing board shall cause the clerk of the
municipality to investigate the sufficiency thereof and to certify the result of the investigation. For
petitions received under subsection(b 1)or 0)of this section,the clerk shall receive the evidence provided
under subsection (1) of this section before certifying the sufficiency of the petition. Upon receipt of the
certification, the municipal governing board shall fix a date for a public hearing on the question of
annexation, and shall cause notice of the public hearing to be published once in a newspaper having
general circulation in the municipality at least 10 days prior to the date of the public hearing; provided,
if there be no such paper, the governing board shall have notices posted in three or more public places
within the area to be annexed and three or more public places within the municipality.
(d) At the public hearing persons resident or owning property in the area described in the petition
and persons resident or owning property in the municipality shall be given an opportunity to be heard.
The governing board shall then determine whether the petition meets the requirements of this section.
Upon a finding that the petition that was not submitted under subsection (bI) or 0) of this section meets
the requirements of this section, the governing board shall have authority to pass an ordinance annexing
the territory described in the petition. The governing board shall have authority to make the annexing
ordinance effective immediately or on the June 30 after the date of the passage of the ordinance or the
June 30 of the following year after the date of passage of the ordinance.
(dl) Upon a finding that a petition submitted under subsection 0) of this section meets the
requirements of this section, the governing body shall have the authority to adopt an annexation
ordinance for the area with an effective date no later than 24 months after the adoption of the ordinance.
(d2) Upon a finding that a petition submitted under subsection (bl) of this section meets the
requirements of this section, the governing body shall, within 60 days of the finding, estimate the capital
cost to the municipality of extending water and sewer lines to all parcels within the area covered by the
petition and estimate the annual debt service payment that would be required if those costs were financed
by a 20-year revenue bond. If the estimated annual debt service payment is less than five percent (5%)
of the municipality's annual water and sewer systems revenue for the most recent fiscal year, then the
governing body shall within 30 days adopt an annexation ordinance for the area with an effective date
no later than 24 months after the adoption of the ordinance. If the estimated annual debt service payment
is greater than or equal to five percent(5%)of the municipality's annual water and sewer systems revenue
for the most recent fiscal year, then the governing body may adopt a resolution declining to annex the
area. If such a resolution is adopted, the governing body shall immediately submit a request to the Local
Government Commission to certify that its estimate of the annual debt service payment is reasonable
based on established governmental accounting principles.
(1) If the Local Government Commission certifies the estimate, the municipality is not
required to annex the area and no petition to annex the area may be submitted under
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subsection (bI) of this section for 36 months following the certification. During the 36-
month period, the municipality shall make ongoing, annual good faith efforts to secure
Community Development Block Grants or other grant funding for extending water and
sewer service to all parcels in the areas covered by the petition. If sufficient funding is
secured so that the estimated capital cost to the municipality for extending water and
sewer service, less the funds secured, would result in an annual debt service payment
cost to the municipality of less than five percent(5%) of the municipality's annual water
and sewer systems revenue for the most recent fiscal year, then the governing body
shall within 30 days adopt an annexation ordinance for the area with an effective date
no later than 24 months after the adoption of the ordinance.
(2) If the Local Government Commission notifies the governing board that the estimates
are not reasonable based on established governmental accounting principles and that a
reasonable estimate of the annual debt service payment is less than five percent (5%)
of the municipality's annual water and sewer systems revenue for the most recent fiscal
year, then the governing body shall within 30 days of the notification adopt an
annexation ordinance for the area with an effective date no later than 24 months after
the adoption of the ordinance.
(0) Municipal services shall be provided to an area annexed under subsections (b1) and 0) of this
section in accordance with the requirements of Part 7 of this Article.
(e) From and after the effective date of the annexation ordinance, the territory and its citizens and
property shall be subject to all debts, laws, ordinances and regulations in force in such municipality and
shall be entitled to the same privileges and benefits as other parts of such municipality. Real and personal
property in the newly annexed territory on the January 1 immediately preceding the beginning of the
fiscal year in which the annexation becomes effective is subject to municipal taxes as provided in G.S.
160A-58.10. If the effective date of annexation falls between June 1 and June 30, and the effective date
of the privilege license tax ordinance of the annexing municipality is June 1, then businesses in the area
to be annexed shall be liable for taxes imposed in such ordinance from and after the effective date of
annexation.
(f) For purposes of this section, an area shall be deemed "contiguous" if, at the time the petition
is submitted, such area either abuts directly on the municipal boundary or is separated from the municipal
boundary by the width of a street or street right-of-way, a creek or river, or the right-of-way of a railroad
or other public service corporation, lands owned by the municipality or some other political subdivision,
or lands owned by the State of North Carolina. A connecting corridor consisting solely of a street or
street right-of-way may not be used to establish contiguity. In describing the area to be annexed in the
annexation ordinance, the municipal governing board may include within the description any territory
described in this subsection which separates the municipal boundary from the area petitioning for
annexation.
(g) The governing board may initiate annexation of contiguous property owned by the
municipality by adopting a resolution stating its intent to annex the property, in lieu of filing a petition.
The resolution shall contain an adequate description of the property, state that the property is contiguous
to the municipal boundaries and fix a date for a public hearing on the question of annexation. Notice of
the public hearing shall be published as provided in subsection (c) of this section. The governing board
may hold the public hearing and adopt the annexation ordinance as provided in subsection (d) of this
section.
(h) A city council which receives a petition for annexation under this section may by ordinance
require that the petitioners file a signed statement declaring whether or not vested rights with respect to
the properties subject to the petition have been established under G.S. 160A-385.1 or G.S. 153A-344.1.
If the statement declares that such rights have been established,the city may require petitioners to provide
11
proof of such rights. A statement which declares that no vested rights have been established under G.S.
160A-385.1 or G.S. 153A-344.1 shall be binding on the landowner and any such vested right shall be
terminated.
(i) A municipality has no authority to adopt a resolution or petition itself under this Part for
annexation of property it does not own or have any legal interest in. For the purpose of this subsection,
a municipality has no legal interest in a State-maintained street unless it owns the underlying fee and not
just an easement.
0) Using the procedures under this section, the governing board of any municipality may annex
by ordinance any distressed area contiguous to its boundaries upon presentation to the governing board
of a petition signed by at least one adult resident of at least two-thirds of the resident households located
within such area. For purposes of this subsection, a "distressed area" is defined as an area in which at
least fifty-one percent (51%) of the households in the area petitioning to be annexed have incomes that
are two hundred percent (200%) or less than the most recently published United States Census Bureau
poverty thresholds. The municipality may require reasonable proof that the petitioner in fact resides at
the address indicated.
(k) The petition under subsection 0)of this section shall be prepared in substantially the following
form:
DATE:
To the (name of governing board) of the (City or Town) of
1. We the undersigned residents of real property believe that the area described in
paragraph 2 below meets the requirements of G.S. 160A-310) and respectfully request
that the area described in paragraph 2 below be annexed to the (City or Town) of
2. The area to be annexed is contiguous to the (City or Town) of , and the
boundaries of such territory are as follows:
(1) For purposes of determining whether the percentage of households in the area petitioning for
annexation meets the poverty thresholds under subsections (bl) and 0) of this section, the petitioners
shall submit to the municipal governing board any reasonable evidence that demonstrates the area in fact
meets the income requirements of that subsection. The evidence presented may include data from the
most recent federal decennial census, other official census documents, signed affidavits by at least one
adult resident of the household attesting to the household size and income level, or any other
documentation verifying the incomes for a majority of the households within the petitioning area.
Petitioners may select to submit name, address, and social security number to the clerk, who shall in turn
submit the information to the Department of Revenue. Such information shall be kept confidential and
is not a public record. The Department shall provide the municipality with a summary report of income
for households in the petitioning area. Information for the report shall be gleaned from income tax
returns, but the report submitted to the municipality shall not identify individuals or households. (1947,
c. 725, s. 8; 1959, c. 713; 1973, c. 426, s. 74; 1975, c. 576, s. 2; 1977, c. 517, s. 4; 1987, c. 562, s. 1; 1989
(Reg. Sess., 1990), c. 996, s. 3; 2011-57, s. 3; 2011-396, s. 10.)
§ 160A-31.1. Assumption of debt.
(a) If the city has annexed under this Part any area which is served by a rural fire department and which
is in:
(1) An insurance district defined under G.S. 153A-233;
(2) A rural fire protection district under Article 3A of Chapter 69 of the General Statutes;
or
(3) A fire service district under Article 16 of Chapter 153A of the General Statutes,
12
then beginning with the effective date of annexation the city shall pay annually a proportionate share
of any payments due on any debt(including principal and interest) relating to facilities or equipment
of the rural fire department, if the debt was existing at the time of submission of the petition for
annexation to the city under this Part. The rural fire department shall make available to the city not
later than 30 days following a written request from the city, information concerning such debt. The
rural fire department forfeits its rights under this section if it fails to make a good faith response
within 45 days following receipt of the written request for information from the city, provided that
the city's written request so states by specific reference to this section.
(b) The annual payments from the city to the rural fire department on such shared debt service shall be
calculated as follows:
(1) The rural fire department shall certify to the city each year the amount that will be
expended for debt service subject to be shared by the city as provided by subsection (a)
of this section; and
(2) The amount determined under subdivision (1) of this subsection shall be multiplied by
the percentage determined by dividing the assessed valuation of the area of the district
annexed by the assessed valuation of the entire district, each such valuation to be fixed
as of the date the annexation ordinance becomes effective.
(c) This section does not apply in any year as to any annexed area(s) for which the payment calculated
under this section as to all annexation ordinances adopted under this Part by a city during a particular calendar
year does not exceed one hundred dollars ($100.00).
(d) The city and rural fire department shall jointly present a payment schedule to the Local Government
Commission for approval and no payment may be made until such schedule is approved. The Local Government
Commission shall approve a payment schedule agreed upon between the city and the rural fire department in
cases where the assessed valuation of the district may not readily be determined, if there is a reasonable basis for
the agreement. (1989, c. 598, s. 2.)
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Part 4. Annexation of Noncontiguous Areas.
IFOA-58. Definitions.
The words and phrases defined in this section have the meanings indicated when used in this Part unless the
context clearly requires another meaning:
(1) "City" means any city, town, or village without regard to population, except cities not
qualified to receive gasoline tax allocations under G.S. 136-41.2.
(2) "Primary corporate limits" means the corporate limits of a city as defined in its charter,
enlarged or diminished by subsequent annexations or exclusions of contiguous territory
pursuant to Parts 1, 2, and 3 of this Article or local acts of the General Assembly.
(3) "Satellite corporate limits" means the corporate limits of a noncontiguous area annexed
pursuant to this Part or a local act authorizing or effecting noncontiguous
annexations. (1973, c. 1173, s. 2.)
§ 160A-58.1. Petition for annexation, standards.
(a) Upon receipt of a valid petition signed by all of the owners of real property in the area
described therein, a city may annex an area not contiguous to its primary corporate limits when the area
meets the standards set out in subsection(b) of this section. The petition need not be signed by the owners
of real property that is wholly exempt from property taxation under the Constitution and laws of North
Carolina, nor by railroad companies, public utilities as defined in G.S. 62-3(23), or electric or telephone
membership corporations. A petition is not valid in any of the following circumstances:
(1) It is unsigned.
(2) It is signed by the city for the annexation of property the city does not own or have a
legal interest in. For the purpose of this subdivision, a city has no legal interest in a
State-maintained street unless it owns the underlying fee and not just an easement.
(3) It is for the annexation of property for which a signature is not required and the property
owner objects to the annexation.
(b) A noncontiguous area proposed for annexation must meet all of the following standards:
(1) The nearest point on the proposed satellite corporate limits must be not more than three
miles from the primary corporate limits of the annexing city.
(2) No point on the proposed satellite corporate limits may be closer to the primary
corporate limits of another city than to the primary corporate limits of the annexing city,
except as set forth in subsection (b2) of this section.
(3) The area must be so situated that the annexing city will be able to provide the same
services within the proposed satellite corporate limits that it provides within its primary
corporate limits.
(4) If the area proposed for annexation, or any portion thereof, is a subdivision as defined
in G.S. 160A-376, all of the subdivision must be included.
(5) The area within the proposed satellite corporate limits, when added to the area within
all other satellite corporate limits, may not exceed ten percent (10%) of the area within
the primary corporate limits of the annexing city.
This subdivision does not apply to the Cities of Asheboro, Belmont, Claremont,
Concord, Conover, Durham, Elizabeth City, Gastonia, Greenville, Hickory,
Kannapolis, Locust, Marion, Mount Airy, Mount Holly, New Bern, Newton, Oxford,
Randleman, Roanoke Rapids, Rockingham, Saluda, Sanford, Salisbury, Southport,
Statesville, and Washington and the Towns of Ahoskie, Angier, Apex, Ayden, Benson,
Bladenboro, Bridgeton, Bunn, Burgaw, Calabash, Carthage, Catawba, China Grove,
Clayton, Columbia, Columbus, Cramerton, Creswell, Dallas, Dobson, Four Oaks,
Franklin, Franklinton, Fuquay-Varina, Garner, Godwin, Granite Quarry, Green Level,
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Grimesland, Harrisburg, Holly Ridge, Holly Springs, Hookerton, Hope Mills,
Huntersville, Jamestown, Kenansville, Kenly, Knightdale, Landis, Leland, Lillington,
Louisburg, Maggie Valley, Maiden, Mayodan, Maysville, Middlesex, Midland,
Mocksville, Morrisville, Mount Pleasant, Nashville, Oak Island, Ocean Isle Beach,
Pembroke, Pine Level, Pollocksville, Princeton, Ranlo, Richlands, Rolesville,
Rutherfordton, Shallotte, Siler City, Smithfield, Spencer, Spring Lake, Stem, Stovall,
Surf City, Swansboro, Taylorsville, Troutman, Troy, Wallace, Warsaw, Watha,
Waynesville, Weldon, Wendell, West Jefferson, Wilson's Mills, Windsor, Yadkinville,
Youngsville, and Zebulon.
(bl) Repealed by Session Laws 2004-203, ss. 13(a) and 13(d), effective August 17, 2004.
(b2) A city may annex a noncontiguous area that does not meet the standard set out in subdivision
(b)(2) of this section if the city has entered into an annexation agreement pursuant to Part 6 of this Article
with the city to which a point on the proposed satellite corporate limits is closer and the agreement states
that the other city will not annex the area but does not say that the annexing city will not annex the area.
The annexing city shall comply with all other requirements of this section.
(c) The petition shall contain the names, addresses, and signatures of all owners of real property
within the proposed satellite corporate limits (except owners not required to sign by subsection(a)), shall
describe the area proposed for annexation by metes and bounds, and shall have attached thereto a map
showing the area proposed for annexation with relation to the primary corporate limits of the annexing
city. When there is any substantial question as to whether the area may be closer to another city than to
the annexing city, the map shall also show the area proposed for annexation with relation to the primary
corporate limits of the other city. The city council may prescribe the form of the petition.
(d) A city council which receives a petition for annexation under this section may by ordinance
require that the petitioners file a signed statement declaring whether or not vested rights with respect to
the properties subject to the petition have been established under G.S. 160A-385.1 or G.S. 153A-344.1.
If the statement declares that such rights have been established,the city may require petitioners to provide
proof of such rights. A statement which declares that no vested rights have been established under
G.S. 160A-385.1 or G.S. 153A-344.1 shall be binding on the landowner and any such vested rights shall
be terminated. (1973, c. 1173, s. 2; 1989 (Reg. Sess., 1990), c. 996, s. 4; 1997-2, s. 1; 2001-37, s. 1;
2001-72, s. 1; 2001-438, s. 1; 2002-121, s. 1; 2003-30, s. 1; 2004-203, s. 13(a), (c); 2004-57, s. 1; 2004-
99, s. 1; 2004-203, ss. 13(a)-(d); 2005-52, s. 1; 2005-71, s. 1; 2005-79, s. 1; 2005-173, s. 1; 2005-433, s.
9; 2006-62, s. 1; 2006-122, s. 1; 2006-130, s. 1; 2007-17, s. 1; 2007-26, ss. 1, 2(a); 2007-62, s. 1; 2007-
225, s. 1; 2007-311, s. 1; 2007-342, s. 1; 2008-24, s. 1; 2008-30, s. 1; 2009-40, s. 2; 2009-53, s. 1; 2009-
111, s. 1; 2009-156, s. 1; 2009-298, s. 1; 2009-323, s. 1; 2011-57, s. 1; 2012-96, s. 1; 2013-248, s. 1;
2014-30, s. 2(a); 2015-80, s. 1; 2015-81, s. 2(a); 2015-172, s. 2; 2016-48, s. 2; 2018-56, s. 1; 2019-58, s.
1; 2019-103, s. 1; 2019-160, s. 1.)
Upon receipt of a petition for annexation under this Part, the city council shall cause the city clerk to
investigate the petition, and to certify the results of his investigation. If the clerk certifies that upon investigation
the petition appears to be valid, the council shall fix a date for a public hearing on the annexation. Notice of the
hearing shall be published once at least 10 days before the date of hearing.
At the hearing, any person residing in or owning property in the area proposed for annexation and any resident
of the annexing city may appear and be heard on the questions of the sufficiency of the petition and the desirability
of the annexation. If the council then finds and determines that (i) the area described in the petition meets all of
the standards set out in G.S. 1 60A-5 8.1(b),(ii)the petition bears the signatures of all of the owners of real property
within the area proposed for annexation(except those not required to sign by G.S. 160A-5 8.1(a)), (iii)the petition
is otherwise valid, and (iv) the public health, safety and welfare of the inhabitants of the city and of the area
proposed for annexation will be best served by the annexation, the council may adopt an ordinance annexing the
15
area described in the petition. The ordinance may be made effective immediately or on any specified date within
six months from the date of passage. (1973, c. 1173, s. 2.)
§ 160A-58.2A. Assumption of debt.
(a) If the city has annexed under this Part any area which is served by a rural fire department and which
is in:
(1) An insurance district defined under G.S. 153A-233;
(2) A rural fire protection district under Article 3A of Chapter 69 of the General Statutes;
or
(3) A fire service district under Article 16 of Chapter 153A of the General Statutes,
then beginning with the effective date of annexation the city shall pay annually a proportionate share
of any payments due on any debt(including principal and interest) relating to facilities or equipment
of the rural fire department, if the debt was existing at the time of submission of the petition for
annexation to the city under this Part. The rural fire department shall make available to the city not
later than 30 days following a written request from the city, information concerning such debt. The
rural fire department forfeits its rights under this section if it fails to make a good faith response
within 45 days following receipt of the written request for information from the city, provided that
the city's written request so states by specific reference to this section.
(b) The annual payments from the city to the rural fire department on such shared debt service shall be
calculated as follows:
(1) The rural fire department shall certify to the city each year the amount that will be
expended for debt service subject to be shared by the city as provided by subsection (a)
of this section; and
(2) The amount determined under subdivision (1) of this subsection shall be multiplied by
the percentage determined by dividing the assessed valuation of the area of the district
annexed by the assessed valuation of the entire district, each such valuation to be fixed
as of the date the annexation ordinance becomes effective.
(c) This section does not apply in any year as to any annexed area(s) for which the payment calculated
under this section as to all annexation ordinances adopted under this Part by a city during a particular calendar
year does not exceed one hundred dollars ($100.00).
(d) The city and rural fire department shall jointly present a payment schedule to the Local Government
Commission for approval and no payment may be made until such schedule is approved. The Local Government
Commission shall approve a payment schedule agreed upon between the city and the rural fire department in
cases where the assessed valuation of the district may not readily be determined, if there is a reasonable basis for
the agreement. (1989, c. 598, s. 3.)
8.3. Annexed area subject to city taxes and debts'.
From and after the effective date of the annexation ordinance, the annexed area and its citizens and property
are subject to all debts, laws, ordinances and regulations of the annexing city, and are entitled to the same
privileges and benefits as other parts of the city. Real and personal property in the newly annexed territory on the
January 1 immediately preceding the beginning of the fiscal year in which the annexation becomes effective is
subject to municipal taxes as provided in G.S. 160A-58.10. If the effective date of annexation falls between June
1 and June 30, and the privilege licenses of the annexing city are due on June 1, then businesses in the annexed
area are liable for privilege license taxes at the full-year rate. (1973, c. 1173, s. 2; 1975, c. 576, s. 5; 1977, c. 517,
s. 7.)
§ 160A-58.4. Extraterritorial powers.
Satellite corporate limits shall not be considered a part of the city's corporate limits for the purposes of
extraterritorial land-use regulation pursuant to G.S. 160A-360, or abatement of public health nuisances pursuant
16
to G.S. 160A-193. However, a city's power to regulate land use pursuant to Chapter 160A,Article 19, or to abate
public health nuisances pursuant to G.S. 160A-193, shall be the same within satellite corporate limits as within
its primary corporate limits. (1973, c. 1173, s. 2.)
For the purposes of G.S. 160A-314, provision of public enterprise services within satellite corporate limits
shall be considered provision of service for special classes of service distinct from the classes of service provided
within the primary corporate limits of the city, and the city may fix and enforce schedules of rents, rates, fees,
charges and penalties in excess of those fixed and enforced within the primary corporate limits. A city providing
enterprise services within satellite corporate limits shall annually review the cost thereof, and shall take such steps
as may be necessary to insure that the current operating costs of such services, excluding debt service on bonds
issued to finance services within satellite corporate limits, does not exceed revenues realized therefrom. (1973, c.
1173, s. 2.)
§ 160A-58.6. Transition from satellite to primary corporate Rini
An area annexed pursuant to this Part ceases to constitute satellite corporate limits and becomes a part of the
primary corporate limits of a city when, through annexation of intervening territory, the two boundaries
touch. (1973, c. 1173, s. 2.)
. Annexation of municipal property.
(a) The city council may initiate annexation of property not contiguous to the primary corporate
limits and owned by the city by adopting a resolution stating its intent to annex the property, in lieu of
filing a petition. The property must satisfy the requirements of G.S. 160A-58.1. The resolution shall
contain an adequate description of the property and fix a date for a public hearing on the question of
annexation. Notice of the public hearing shall be published once at least 10 days before the date of the
hearing. At the hearing, any resident of the city may appear and be heard on the question of the
desirability of the annexation. If the council finds that annexation is in the public interest, it may adopt
an ordinance annexing the property. The ordinance may be made effective immediately or on any
specified date within six months from the date of passage.
(b) A city has no authority to adopt a resolution or petition itself under this Part for annexation of
property it does not own or have any legal interest in. For the purpose of this subsection, a city has no
legal interest in a State-maintained street unless it owns the underlying fee and not just an
easement. (1987, c. 562, s. 2; 2011-57, s. 2.)
kJ60 and Reportin�
Annexations made under this part shall be recorded and reported in the same manner as under G.S. 160A-
29. (1987, c. 879, s. 4.)
17
§ 160A-58.9. Effective date of certain annexation ordinances adopted from January 1, 1987, to August 3,
1987.
(a) In the case of any annexation ordinance adopted during the period beginning January 1, 1987,
and ending on August 3, 1987, if the effective date of the annexation under the ordinance is during
1988, the governing board of the municipality may, notwithstanding G.S. 160A-370) or G.S. 160A-
490), amend the ordinance to provide for an effective date of December 31, 1987. The board must
give notice by publication of its intent to consider adoption of such ordinance, such notice to be
published at least 10 days before the meeting at which the ordinance is adopted. Copies of the
adopted ordinance shall be recorded in accordance with the provisions of G.S. 160A-39 or G.S.
160A-51, as applicable.
(b) This section applies only to territory located in counties with a population of 55,000 or over,according
to the 1980 decennial federal census. (1987, c. 715, s. 2.)
§ 160A-58.9A. Effective date of certain annexation ordinances adopted under Article 4A of
Chapter 160A.
(a) No annexation ordinance adopted under Article 4A of Chapter 160A of the General Statutes
may become effective during the period beginning November 1, 1989, and ending January 1, 1990. If
because of the operation of G.S. 160A-37.I(h), G.S. 160A-37.3(g), G.S. 160A-38, G.S. 160A-58.57(h),
G.S. 160A-58.59(g), G.S. 160A-50, the order of any court, or the operation of Section 5 of the Voting
Rights Act of 1965, an annexation ordinance is to become effective during the period beginning
November 1, 1989, and ending January 1, 1990, it shall instead become effective on a date during the
period beginning January 2, 1990, and ending December 31, 1990, set by ordinance of the governing
board of the city.
(b) If the final date upon which an annexation ordinance adopted under Article 4A of Chapter
160A of the General Statutes, may be made effective occurs during the period beginning November 1,
1989, and ending January 1, 1990, the effective date of the annexation may be set in the annexation
ordinance as any date during the period beginning January 2, 1990, and ending December 31, 1990, in
addition to any date permitted by law before November 1, 1989.
(c) This section applies to territory located in counties with a population of 55,000 or over,
according to the 1980 decennial federal census, and to territory located in all other counties subject to
Part 2 of Article 12A of Chapter 163 of the General Statutes, pursuant to G.S. 163-132.6. (1987, c. 715,
s. 3; 1989, c. 440, s. 6; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.)
Part 5. Property Tax Liability of Newly Annexed Territory.
§ 160A-58.10. Tax of newly annexed territory.
(a) Applicability of Section. - Real and personal property in territory annexed pursuant to this Article is
subject to municipal taxes as provided in this section.
(b) Prorated Taxes. - Real and personal property in the newly annexed territory on the January 1
immediately preceding the beginning of the fiscal year in which the annexation becomes effective is subject to
prorated municipal taxes levied for that fiscal year as provided in this subsection. The amount of municipal taxes
that would have been due on the property had it been within the municipality for the full fiscal year shall be
multiplied by the following fraction: the denominator shall be 12 and the numerator shall be the number of full
calendar months remaining in the fiscal year, following the day on which the annexation becomes effective. The
product of the multiplication is the amount of prorated taxes due. The lien for prorated taxes levied on a parcel
of real property shall attach to the parcel taxed on the listing date, as provided in G.S. 105-285, immediately
preceding the fiscal year in which the annexation becomes effective. The lien for prorated taxes levied on
personal property shall attach on the same date to all real property of the taxpayer in the taxing unit, including the
18
newly annexed territory. If the annexation becomes effective after June 30 and before September 2, the prorated
taxes shall be due and payable on the first day of September of the fiscal year for which the taxes are levied. If
the annexation becomes effective after September 1 and before the following July 1, the prorated taxes shall be
due and payable on the first day of September of the next succeeding fiscal year. The prorated taxes are subject
to collection and foreclosure in the same manner as other taxes levied for the fiscal year in which the prorated
taxes become due.
(c) Taxes in Subsequent Fiscal Years. -In fiscal years subsequent to the fiscal year in which an annexation
becomes effective, real and personal property in the newly annexed territory is subject to municipal taxes on the
same basis as is the preexisting territory of the municipality.
(d) Transfer of Tax Records. - For purposes of levying prorated taxes the municipality shall obtain from
the county a record of property in the area being annexed that was listed for taxation on the January 1 immediately
preceding the fiscal year for which the prorated taxes are levied. In addition, if the effective date of annexation
falls between January 1 and June 30, the municipality shall, for purposes of levying taxes for the fiscal year
beginning July 1 following the date of annexation, obtain from the county a record of property in the area being
annexed that was listed for taxation as of said January 1. (1977, c. 517, s. 9.)
§§ 160A-58.11 through 160A-58.20. Reserved for future codification purposes.
Part 6. Annexation Agreements.
§ 160A-58.21. Purpose.
It is the purpose of this Part to authorize cities to enter into binding agreements concerning future annexation
in order to enhance orderly planning by such cities as well as residents and property owners in areas adjacent to
such cities. (1989, c. 143, s. 1.)
§ 160A-58.22. Definitions.
The words defined in this section shall have the meanings indicated when used in this Part:
(1) "Agreement" means any written agreement authorized by this Part.
(2) "Annexation" means any extension of a city's corporate limits as authorized by this
Article, the charter of the city, or any local act applicable to the city, as such statutory
authority exists now or is hereafter amended.
(3) "Participating city" means any city which is a party to an agreement. (1989, c. 143, s.
1.)
§ 160A-58.23. Annexation agreements authorized.
Two or more cities may enter into agreements in order to designate one or more areas which are not subject
to annexation by one or more of the participating cities. The agreements shall be of reasonable duration, not to
exceed 20 years, and shall be approved by ordinance of the governing board and executed by the mayor of each
city and spread upon its minutes. (1989, c. 143, s. 1.)
§ 160A-58.24. Contents of agreements; procedure.
(a) The agreement shall:
(1) State the duration of the agreement.
(2) Describe clearly the area or areas subject to the agreement. The boundaries of such
area or areas may be established at such locations as the participating cities shall
agree. Thereafter, any participating city may follow such boundaries in annexing any
property,whether or not such boundaries follow roads or natural topographical features.
(3) Specify one or more participating cities which may not annex the area or areas
described in the agreement.
(4) State the effective date of the agreement.
19
(5) Require each participating city which proposes any annexation to give written notice
to the other participating city or cities of the annexation at least 60 days before the
adoption of any annexation ordinance; provided, however, that the agreement may
provide for a waiver of this time period by the notified city.
(6) Include any other necessary or proper matter.
(b) The written notice required by subdivision (a)(5) of this section shall describe the area to be annexed
by a legible map, clearly and accurately showing the boundaries of the area to be annexed in relation to: the area
or areas described pursuant to subdivision (a)(2) of this section, roads, streams and any other prominent
geographical features. Such notice shall not be effective for more than 180 days.
(c) No agreement may be entered into under this Part unless each participating city has held a public
hearing on the agreement prior to adopting the ordinance approving the agreement. The governing boards of the
participating cities may hold a joint public hearing if desired. Notice of the public hearing or hearings shall be
given as provided in G.S. 160A-31(c).
(d) Any agreement entered into under this Part may be modified or terminated by a subsequent agreement
entered into by all the participating cities to that agreement. The subsequent agreement shall be approved by
ordinance after a public hearing or hearings as provided in subsection(c).
(e) No agreement entered into under this Part shall be binding beyond three miles of the primary corporate
limits of a participating city which is permitted to annex the area under the agreement, unless approved by the
board of county commissioners with jurisdiction over the area. Provided however, that an area where the
agreement is not binding because of failure of the board of county commissioners to approve it, shall become
subject to the agreement if subsequent annexation brings it within three miles. The approval of a board of county
commissioners shall be evidenced by a resolution adopted after a public hearing as provided in subsection(c).
(f) A participating city may terminate an annexation agreement unilaterally or withdraw itself from the
agreement,by repealing the ordinance by which it approved the agreement and providing five years'written notice
to the other participating cities. Upon the expiration of the five-year period, an agreement originally involving
only two cities shall terminate, and an agreement originally involving more than two cities shall terminate unless
each of the other participating cities shall have adopted an ordinance reaffirming the agreement. (1989, c. 143, s.
1.)
§ 160A-58.25. Effect of agreement.
From and after the effective date of an agreement,no participating city may adopt an annexation ordinance as
to all or any portion of an area in violation of the agreement. (1989, c. 143, s. 1.)
§ 160A-58.26. Part grants no annexation authority.
Nothing in this Part shall be construed to authorize the annexation of any area which is not otherwise subject
to annexation under applicable law. (1989, c. 143, s. 1.)
§ 160A-58.27. Relief.
(a) Each provision of an agreement shall be binding upon the respective parties. Not later than 30 days
following the passage of an annexation ordinance concerning territory subject to an agreement, a participating
city which believes that another participating city has violated this Part or the agreement may file a petition in the
superior court of the county where any of the territory proposed to be annexed is located, seeking review of the
action of the city alleged to have violated this Part or the agreement.
(b) Within five days after the petition is filed with the court, the petitioning city shall serve copies of the
petition by certified mail, return receipt requested, upon the respondent city.
(c) Within 15 days after receipt of the copy of the petition for review, or within such additional time as
the court may allow, the respondent city shall transmit to the reviewing court:
(1) A transcript of the portions of the ordinance or minute book in which the procedure for
annexation has been set forth;
(2) A copy of resolutions, ordinances, and any other document received or approved by
the respondent city's governing board as part of the annexation proceeding.
20
(d) The court shall fix the date for review of the petition so that review shall be expeditious and without
unnecessary delays. The review shall be conducted by the court without a jury. The court may hear oral
arguments and receive written briefs, and may take evidence intended to show either:
(1) That the provisions of this Part were not met; or
(2) That the provisions of the agreement were not met.
(e) At any time before or during the review proceeding, any petitioner may apply to the reviewing court
for an order staying the operation of the annexation ordinance pending the outcome of the review. The court may
grant or deny the stay in its discretion upon such terms as it deems proper, and it may permit annexation of any
part of the area described in the ordinance concerning which no question for review has been raised.
(f) Upon a finding that the respondent city has not violated this Part or the agreement, the court may
affirm the action of the respondent city without change. Upon a finding that the respondent city has violated this
Part or the agreement, the court may:
(1) Remand to the respondent city's governing board any ordinance adopted pursuant to
Parts 2 or 3 of this Article, as the same exists now or is hereafter amended, for
amendment of the boundaries, or for such other action as is necessary, to conform to
the provisions of this Part and the agreement.
(2) Declare any annexation begun pursuant to any other applicable law to be void. If the
respondent city shall fail to take action in accordance with the court's instructions upon
remand under subdivision (d)(1) of this section within three months from receipt of
such instructions, the annexation proceeding shall be void.
(g) Any participating city which is a party to the review proceedings may appeal from the final judgment
of the superior court under rules of procedure applicable in other civil cases. The appealing party may apply to
superior court for a stay in its final determination, or a stay of the annexation ordinance, whichever shall be
appropriate, pending the outcome of the appeal to the appellate division; provided, that the superior court may,
with the agreement of the parties,permit annexation to be effective with respect to any part of the area concerning
which no appeal is being made and which can be incorporated into the respondent city without regard to any part
of the area concerning which an appeal is being made.
(h) If part or all of the area annexed under the terms of a challenged annexation ordinance is the subject
of an appeal to the superior court or appellate division on the effective date of the ordinance, then the ordinance
shall be deemed amended to make the effective date with respect to such area the date of the final judgment of
the superior court or appellate division,whichever is appropriate,or the date the respondent city's governing board
completes action to make the ordinance conform to the court's instructions in the event of remand.
(i) A participating city which is prohibited from annexing into an area under a binding agreement may
file a petition in the superior court where any of the territory proposed to be annexed is located, or a response in
a proceeding initiated by another participating city, seeking permission to annex territory in the area
notwithstanding the agreement. If the territory qualifies for annexation by the city seeking to annex it, the court
may enter an order allowing the annexation to proceed with respect to all or a portion of the territory upon a
finding that there is an imminent threat to public health or safety that can be remedied only by the city seeking
annexation. The procedural provisions of this section shall apply to proceedings under this subsection, so far as
applicable. (1989, c. 143, s. 1.)
§ 160A-58.28. Effect on prior local acts.
This Part does not affect Chapter 953, Session Laws of 1983, Chapter 847, Session Laws of 1985 (1986
Regular Session), or Chapters 204, 233, or 1009, Session Laws of 1987, authorizing annexation agreements, but
any city which is authorized to enter into agreements by one of those acts may enter into future agreements either
under such act or this Part. (1989, c. 143, s. 1; 1991 (Reg. Sess., 1992), c. 1030, s. 48.)
§ 160A-58.29: Reserved for future codification purposes.
§ 160A-58.30: Reserved for future codification purposes.
21
§ 160A-58.31: Reserved for future codification purposes.
§ 160A-58.32: Reserved for future codification purposes.
§ 160A-58.33: Reserved for future codification purposes.
§ 160A-58.34: Reserved for future codification purposes.
§ 160A-58.35: Reserved for future codification purposes.
§ 160A-58.36: Reserved for future codification purposes.
§ 160A-58.37: Reserved for future codification purposes.
§ 160A-58.38: Reserved for future codification purposes.
§ 160A-58.39: Reserved for future codification purposes.
§ 160A-58.40: Reserved for future codification purposes.
§ 160A-58.41: Reserved for future codification purposes.
§ 160A-58.42: Reserved for future codification purposes.
§ 160A-58.43: Reserved for future codification purposes.
§ 160A-58.44: Reserved for future codification purposes.
§ 160A-58.45: Reserved for future codification purposes.
§ 160A-58.46: Reserved for future codification purposes.
§ 160A-58.47: Reserved for future codification purposes.
§ 160A-58.48: Reserved for future codification purposes.
§ 160A-58.49: Reserved for future codification purposes.
Part 7. Annexations Initiated by Municipalities.
§ 160A-58.50. Declaration of policy.
It is hereby declared as a matter of State policy:
(1) That sound urban development is essential to the continued economic development of
North Carolina.
(2) That municipalities are created to provide the governmental services essential for sound
urban development and for the protection of health, safety, and welfare in areas being
22
intensively used for residential, commercial, industrial, institutional, and governmental
purposes or in areas undergoing such development.
(3) That municipal boundaries should be extended in accordance with legislative standards
applicable throughout the State to include such areas and to provide the high quality of
governmental services needed therein for the public health, safety, and welfare.
(4) That areas annexed to municipalities in accordance with such uniform legislative
standards should receive the services provided by the annexing municipality.
(5) That the provision of services to protect the health, safety, and welfare is a public
purpose.
(6) That it is essential for citizens to have an effective voice in annexations initiated by
municipalities. (2011-396, s. 9.)
§ 160A-58.51. Definitions.
As used in this Part, the following definitions apply:
(1) Contiguous area. - Any area which, at the time annexation procedures are initiated,
either abuts directly on the municipal boundary or is separated from the municipal
boundary by a street or street right-of-way, a creek or river, the right-of-way of a
railroad or other public service corporation, lands owned by the municipality or some
other political subdivision, or lands owned by the State of North Carolina.A connecting
corridor consisting solely of the length of a street or street right-of-way may not be used
to establish contiguity.
(2) Eligible property owner. - A property owner who is eligible to be notified of the
opportunity to have water lines and sewer lines and connections installed at no cost to
the property owner. A property owner is eligible to be notified of the opportunity to
have water lines and sewer lines and connections installed at no cost to the property
owner if that property owner held a freehold interest in the real property to be annexed
as of the date of the combined notice of public informational meeting and public
hearing.
(3) Necessary land connection. - An area that does not exceed twenty-five percent (25%)
of the total area to be annexed.
(4) Property owner. - Any person having a freehold interest in real property.
(5) Used for residential purposes. - Any lot or tract five acres or less in size on which is
constructed a habitable dwelling unit. The term also includes any lot or tract that is used
in common for social or recreational purposes by either owners of lots with habitable
dwelling units or owners of lots intended for occupation by dwelling units and the lot
owners have a real property interest in the commonly used property that attaches to or
is appurtenant to the owners' lots. (2011-396, s. 9; 2012-11, s. 4.)
§ 160A-58.52. Authority to annex.
The governing board of any municipality may extend the corporate limits of such municipality under
the procedure set forth in this Part. (2011-396, s. 9.)
§ 160A-58.53. Prerequisites to annexation.
A municipality exercising authority under this Part shall make plans for the extension of services to
the area proposed to be annexed and shall, prior to the public hearing provided for in G.S. 160A-58.55,
prepare a report setting forth such plans to provide services to the area proposed to be annexed. The
report shall include the following:
23
(1) A map or maps of the municipality and adjacent territory to show the following
information:
a. The present and proposed boundaries of the municipality.
b. The present major trunk water mains and sewer interceptors and outfalls, and
the proposed extensions of such mains, outfalls, and lines as required in
subdivision (3) of this section. The water and sewer map shall bear the seal
of a registered professional engineer.
C. The general land use pattern in the area proposed to be annexed.
(2) A statement showing that the area proposed to be annexed meets the requirements of
G.S. 160A-58.54.
(3) A statement setting forth the plans for extending to the area proposed to be annexed
each major municipal service on substantially the same basis and in the same manner
as such services are provided within the rest of the municipality prior to annexation and
the method to finance the extension of major municipal services into the area proposed
to be annexed as follows:
a. Provision of police protection, fire protection, solid waste collection, and
street maintenance services on the effective date of annexation. A contract
with a rural fire department to provide fire protection shall be an acceptable
method of providing fire protection. A contract with a private firm to provide
solid waste collection services shall be an acceptable method of providing
solid waste collection services.
b. Extension of water and sewer services to each lot or parcel, if an installation
easement is provided by the affected property owner, with a proposed
timetable for construction of such mains, outfalls, and lines within three and
one-half years of the effective date of annexation, in accordance with G.S.
160A-58.56.
(4) A statement of the impact of the annexation on any rural fire department providing
service in the area proposed to be annexed and a statement of the impact of the
annexation on fire protection and fire insurance rates in the area proposed to be
annexed, if the area where service is provided is in an insurance district designated
under G.S. 153A-233, a rural fire protection district under Article 3A of Chapter 69 of
the General Statutes, or a fire service district under Article 16 of Chapter 153A of the
General Statutes. The rural fire department shall make available to the municipality not
later than 30 days following a written request from the municipality all information in
its possession or control, including operational, financial, and budgetary information,
necessary for preparation of a statement of impact. The municipality shall, in a timely
fashion, supply the rural fire department with information requested by the rural fire
department to respond to the written request. The rural fire department forfeits its rights
under G.S. 160A-58.57 if it fails to make a good faith response within 45 days following
receipt of the written request for information from the municipality, provided that the
municipality's written request so states by specific reference to this subdivision.
(5) A statement showing how the proposed annexation will affect the municipality's
finances and services, including municipal revenue change estimates. This statement
shall be delivered to the clerk of the board of county commissioners at least 30 days
before the date of the public informational meeting on any annexation under this
Part. (2011-396, s. 9.)
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§ 160A-58.54. Character of area to be annexed.
(a) A municipal governing board may extend the municipal corporate limits to include any area
that meets all of the following criteria:
(1) It shall be adjacent or contiguous to the municipality's boundaries at the time the
annexation proceeding is begun, except if the entire territory of a county water and
sewer district created under G.S. 162A-86(bl) is being annexed, the annexation shall
also include any noncontiguous pieces of the district as long as the part of the district
with the greatest land area is adjacent or contiguous to the municipality's boundaries at
the time the annexation proceeding is begun.
(2) At least one-eighth of the aggregate external boundaries of the area shall coincide with
the municipal boundary.
(3) No part of the area shall be included within the boundary of another incorporated
municipality.
(4) The total area to be annexed shall meet the requirements of any of the following:
a. Part or all of the area to be annexed must be developed for urban purposes at
the time of approval of the report provided for in G.S. 160A-58.53. The area
of streets and street rights-of-way shall not be used to determine total acreage
under this subdivision. An area developed for urban purposes is defined as
any area which meets any one of the following standards:
1. Has a total resident population equal to at least two and three-tenths
persons for each acre of land included within its boundaries.
2. Has a total resident population equal to at least one person for each
acre of land included within its boundaries, and is subdivided into lots
and tracts such that at least sixty percent (60%) of the total acreage
consists of lots and tracts three acres or less in size and such that at
least sixty-five percent(65%) of the total number of lots and tracts are
one acre or less in size.
3. Is so developed that at least sixty percent (60%) of the total number
of lots and tracts in the area at the time of annexation are used for
residential, commercial, industrial, institutional, or governmental
purposes, and is subdivided into lots and tracts such that at least sixty
percent(60%) of the total acreage, not counting the acreage used at the
time of annexation for commercial, industrial, governmental, or
institutional purposes, consists of lots and tracts three acres or less in
size.
4. Is the entire area of any county water and sewer district created under
G.S. 162A-86(bl), if all of the following apply:
I. The municipality has provided in a contract with that district
that the area is developed for urban purposes.
II. The contract provides for the municipality to operate the sewer
system of that county water and sewer district.
IIl. The municipality is annexing in one ordinance the entire
territory of the district not already within the corporate limits of
a municipality.
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5. Is so developed that, at the time of the approval of the annexation
report, all tracts in the area to be annexed are used for commercial,
industrial, governmental, or institutional purposes.
b. Part or all of the area to be annexed meets either of the following:
1. Lies between the municipal boundary and an area developed for urban
purposes so that the area developed for urban purposes is either not
adjacent to the municipal boundary or cannot be served by the
municipality without extending major municipal services, including
water or sewer lines, through such sparsely developed area.
2. Is adjacent, on at least sixty percent (60%) of its external boundary,
to any combination of the municipal boundary and the boundary of an
area or areas developed for urban purposes as defined in sub-
subdivision a. of this subsection.
The purpose of paragraphs 1. and 2. of this sub-subdivision is to permit
municipal governing boards to extend corporate limits to include all nearby
areas developed for urban purposes and where necessary to include areas
which at the time of annexation are not yet developed for urban purposes but
which constitute necessary land connections between the municipality and
areas developed for urban purposes or between two or more areas developed
for urban purposes.
C. The total area to be annexed is completely surrounded by the municipality's
primary corporate limits.
(b) In fixing new municipal boundaries and determining whether an area is developed for urban
purposes, a municipal governing board shall comply with all the following:
(1) Use recorded property lines and streets as boundaries. Some or all of the boundaries of
a county water and sewer district may also be used when the entire district is not already
within the corporate limits of the municipality.
(2) Use whole parcels of property in that if any portion of that parcel is included, the entire
parcel of real property as recorded in the deed transferring title shall be included.
(3) Not use a connecting corridor consisting solely of the length of a street or street right-
of-way to establish contiguity.
(4) Not consider property in use for a commercial, industrial, institutional, or governmental
purpose if the lot or tract is used only temporarily, occasionally, or on an incidental or
insubstantial basis in relation to the size and character of the lot or tract.
(5) Include acreage actually occupied by buildings or other man-made structures together
with all areas that are reasonably necessary and appurtenant to such facilities for
purposes of parking, storage, ingress and egress, utilities, buffering, and other ancillary
services and facilities when determining acreage in use for commercial, industrial,
institutional, or governmental purposes.
(6) Consider the area of an abolished water and sewer district to be a water and sewer
district for the purpose of this section even after its abolition under G.S. 162A-87.2(b).
(c) As used in this subsection, "bona fide farm purposes" is as described in G.S. 153A-340. As
used in this subsection, "property" means a single tract of property or an identifiable portion of a single
tract. Property that is being used for bona fide farm purposes on the date of the resolution of intent to
consider annexation may not be annexed without the written consent of the owner or owners of the
property. (2011-396, s. 9; 2011-363, s. 3.1.)
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§ 160A-58.55. Procedure for annexation.
(a) Resolution of Consideration. - Any municipal governing board desiring to annex territory
under the provisions of this Part shall first pass a resolution of consideration identifying the area under
consideration for annexation by either a metes and bounds description or a map. The resolution of
consideration shall remain effective for two years after adoption and be filed with the municipal clerk. A
new resolution of consideration adopted before expiration of the two-year period for a previously adopted
resolution covering the same area shall relate back to the date of the previous resolution. Adoption of a
resolution of consideration shall not confer prior jurisdiction over the area as to any other municipality.
(b) Notice of Resolution of Consideration. - A notice of the adoption of the resolution of
consideration shall be published once a week for two successive weeks, with each publication being on
the same day of the week, in a newspaper having general circulation in the municipality. The second
publication shall be no more than 30 days following adoption of the resolution of consideration. The
resolution of consideration shall contain a map or description of the area under consideration and a
summary of the annexation process and time lines. A copy of the resolution of consideration shall be
mailed within 30 days after the adoption of the resolution of consideration by first class mail to the
property owners of real property located within the area under consideration for annexation as shown by
the tax records of the county. If a proposed annexation extends across a county border into a county other
that the county where the majority of the area of the existing municipality is located, a copy of the
resolution of consideration shall be mailed within 30 days after the adoption of the resolution of
consideration by first class mail to the clerk of the board of county commissioners of that county.
(c) Resolution of Intent. - At least one year after adoption of the resolution of consideration, the
municipal governing body may adopt a resolution of intent of the municipality to proceed with the
annexation of some or all of the area described in the resolution of consideration. The resolution of intent
shall describe the boundaries of the area proposed for annexation, fix a date for a public informational
meeting, fix a date for a public hearing on the question of annexation, and fix a date for the referendum
on annexation. The date for the public informational meeting shall be not less than 45 days and not more
than 55 days following passage of the resolution of intent. The date for the public hearing shall be not
less than 130 days and not more than 150 days following passage of the resolution of intent. The date of
the referendum on annexation shall be set for the next municipal general election that is more than 45
days from the date of the resolution of intent.
(d) Notice of Public Informational Meeting, Public Hearing, and Opportunity for Water and
Sewer. - A combined notice of public informational meeting and public hearing shall be issued as
provided for in this subsection as follows:
(1) The notice shall be a combined notice that includes at least all of the following:
a. The date, hour, and place of the public informational meeting.
b. The date, hour, and place of the public hearing.
C. A clear description of the boundaries of the area under consideration,
including a legible map of the area.
d. A statement that the report required by G.S. 160A-58.53 will be available at
the office of the municipal clerk.
e. An explanation of a property owner's rights under this section.
f. A summary of the annexation process with time lines.
g. A summary of the opportunity to vote in the referendum and available
statutory remedies appealing the annexation and the failure to provide
services.
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h. Information on how to request to become a customer of the water and sewer
service, all forms to request that service, and the consequences of opting in
or opting out, as provided in G.S. 160A-58.56.
i. A clear description of the distinction between the public informational
meeting and the public hearing.
(2) The combined notice shall be given by publication of the information required by sub-
subdivisions (1)a.,b., and c. of this subsection and a statement regarding the availability
of the information required by the remaining sub-subdivisions of subdivision(1) of this
subsection in a newspaper having general circulation in the municipality once a week
for at least two successive weeks prior to the date of the public informational meeting,
with each publication being on the same day of the week. The date of the last
publication shall be not more than 10 days preceding the date of the public
informational meeting. In addition thereto, if the area proposed to be annexed lies in a
county containing less than fifty percent (50%) of the land area of the municipality, the
same publication shall be given in a newspaper having general circulation in the area
of proposed annexation. If there is no such newspaper, the municipality shall post the
notice in at least five public places within the municipality and at least five public places
in the area to be annexed for 30 days prior to the date of public informational meeting.
(3) The combined notice, together with the information about requesting water and sewer
service, shall be mailed within five business days of the passage of the resolution of
intent by first class mail to the property owners of real property located within the area
to be annexed as shown by the tax records of the county. The person or persons mailing
such notices shall certify to the governing board that fact, and such certificate shall
become a part of the public record of the annexation proceeding and shall be deemed
conclusive in the absence of fraud. If a notice is returned to the municipality by the
postal service by the tenth day before the informational meeting, a copy of the notice
shall be sent by certified mail, return receipt requested, at least seven days before the
informational meeting. Failure to comply with the mailing requirement of this
subsection shall not invalidate the annexation unless it is shown that the requirements
were not substantially complied with.
(4) If the governing board by resolution finds that the tax records are not adequate to
identify the property owners within the area to be annexed after exercising reasonable
efforts to locate the property owners, it may, in lieu of the mail procedure required by
subdivision (3) of this subsection, post the notice at least 30 days prior to the date of
the public informational meeting on all buildings, on such parcels, and in at least five
other places within the area to be annexed as to those parcels where the property owner
could not be so identified. In any case where notices are placed on property, the person
placing the notice shall certify that fact to the governing board.
(e) Action Prior to Informational Meeting. - At least 30 days before the date of the public
informational meeting, the municipal governing board shall do all of the following:
(1) Approve the report provided for in G.S. 160A-58.53.
(2) Prepare a summary of the approved report for public distribution.
(3) Post in the office of the clerk all of the following:
a. The approved report provided for in G.S. 160A-58.53.
b. The summary of the approved report.
C. A legible map of the area to be annexed.
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d. The list of the property owners, and associated mailing addresses, in the area
to be annexed that the municipality has identified and mailed notice.
e. Information for property owners on how to request to become a customer of
the water service or sewer service and all forms to request that service.
(4) If the municipality has a Web site, post on that Web site all of the information under
this section together with any forms to apply for water and sewer service.
(5) Prepare a summary of the opportunity to vote in the referendum and available statutory
remedies for appealing the annexation for public distribution.
(f) Public Informational Meeting. - At the public informational meeting, a representative of the
municipality shall first make an explanation of the report required in G.S. 160A-58.53 and an explanation
of the provision of major municipal services. The explanation of the provision of services shall include
how to request water service or sewer service to individual lots, the average cost of a residential
connection to the water and sewer system, and the opportunity for installation of a residential connection
under G.S. 160A-58.56. A summary of the annexation process with time lines, a summary of opportunity
to vote in the referendum and available statutory remedies for appealing the annexation, an explanation
of the provision of services, and information for requesting water service or sewer service to individual
lots and any forms to so request shall also be distributed at the public informational meeting. Following
such explanation, all property owners and residents of the area proposed to be annexed as described in
the notice of public informational meeting and hearing, and all residents of the municipality shall be
given the opportunity to ask questions and receive answers regarding the proposed annexation.
(g) Public Hearing. - At the public hearing, a representative of the municipality shall first make
an explanation of the report required in G.S. 160A-58.53. Following such explanation, all property
owners and residents of the area proposed to be annexed as described in the notice of public informational
meeting and hearing, and all residents of the municipality, shall be given an opportunity to be heard.
(h) The municipal governing board shall take into consideration facts presented at the public
hearing and shall have authority to amend the report required by G.S. 160A-58.53 to make changes in
the plans for serving the area proposed to be annexed so long as such changes meet the requirements of
G.S. 160A-58.53. At any regular or special meeting held no sooner than the tenth day following the
certification of the election held under G.S. 160A-58.64, the governing board shall have authority to
adopt an ordinance, subject to subsection (i) of this section, extending the corporate limits of the
municipality to include all, or part, of the area described in the notice of public hearing which the
governing board has concluded should be annexed. The annexation ordinance shall:
(1) Contain specific findings showing that the area to be annexed meets the requirements
of G.S. 160A-58.54.
(2) Describe the external boundaries of the area to be annexed by metes and bounds.
(3) Include a statement of the intent of the municipality to provide services to the area
being annexed as set forth in the report required by G.S. 160A-58.53 and a time line for
the provision of those services.
(4) Contain a specific finding that on the effective date of annexation,the municipality will
have funds appropriated in sufficient amount to finance construction of any water and
sewer lines stated in the report required by G.S. 160A-58.53 to extend the water and
sewer services into the area to be annexed, or that on the effective date of annexation
the municipality will have authority to issue bonds in an amount sufficient to finance
such construction. If authority to issue such bonds shall be secured from the electorate
of the municipality prior to the effective date of annexation, then the effective date of
annexation shall be no earlier than the day following the statement of the successful
result of the bond election.
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(5) Fix the effective date for annexation as June 30 next following the adoption of the
ordinance or the second June 30 following adoption of the ordinance,but not before the
completion of the water and sewer request appeal periods are complete.
(6) Together, with the list of the property owners of parcels within the area described in
the annexation ordinance to which a notice was mailed under subsection (d) of this
section, be delivered within five business days to the tax assessor and the board of
elections of the county in which a majority of the municipality lies.
(7) Repealed by Session Laws 2012-11, s. 2, effective July 1, 2012.
(8) If a public body has a Web site, conspicuously post notice of the referendum until after
the certification of the election.
(i) Referendum Vote on Annexation Ordinance. - The procedures in G.S. 160A-58.64 shall apply
to any annexation under this Part. The municipality shall reimburse the board or boards of elections the
costs of the referendum required under G.S. 160A-58.64.
0) Effect of Annexation Ordinance. - From and after the effective date of the annexation
ordinance, the territory and its citizens and property shall be subject to all debts, laws, ordinances, and
regulations in force in such municipality and shall be entitled to the same privileges and benefits as other
parts of such municipality.
(k) Reserved.
(1) Reserved.
(m) Simultaneous Annexation Proceedings. - If a municipality is considering the annexation of
two or more areas which are all adjacent to the municipal boundary but are not adjacent to one another,
it may undertake simultaneous proceedings under authority of this Part for the annexation of such areas.
(n) Remedies for Failure to Provide Services. - If, not earlier than 30 days after the effective date
of annexation and not later than 15 months from the effective date of annexation, any property owner in
the annexed territory shall believe that the municipality has not followed through providing services as
set forth in the report adopted under G.S. 160A-58.53 and subsection (e) of this section, the property
owner may apply for a writ of mandamus. Relief may be granted by the judge of superior court if the
municipality has not provided the services set forth in its plan submitted under the provisions of G.S.
160A-58.53(3)a. on substantially the same basis and in the same manner as such services were provided
within the rest of the municipality prior to the effective date of annexation and those services are still
being provided on substantially the same basis and in the same manner within the original corporate
limits of the municipality. If a writ is issued, costs in the action, including reasonable attorneys' fees for
such aggrieved property owner, shall be charged to the municipality.
(o) Reports to the Local Government Commission. - The municipality shall report to the Local
Government Commission as follows:
(1) As to whether police protection, fire protection, solid waste services, and street
maintenance services were provided in accordance with G.S. 160A-58.53(3)a., within
30 days after the effective date of the annexation. Such report shall be filed no more
than 30 days following the expiration of the 30-day period. If the Local Government
Commission determines that the municipality failed to deliver police protection, fire
protection, solid waste services, or street maintenance services as provided for in G.S.
160A-58.53(3)a. within 30 days after the effective date of the annexation, the Local
Government Commission shall notify the municipality that the municipality may not
count any of the residents as part of the population of the municipality for the purpose
of receiving any State, federal, or county dollars distributed based on population until
all of the services are provided.
(2) As to whether the extension of water and sewer lines was completed within the time
period specified in G.S. 160A-58.53(3),within six months after the effective date of the
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annexation ordinance, and again within three and one-half years of the effective date of
the annexation ordinance or upon the completion of the installation, whichever occurs
first. If the municipality failed to deliver either water or sewer services, or both, as
provided for in G.S. 160A-58.53(3)b. within three and one-half years after the effective
date of the annexation, the municipality shall stop any other annexations in progress
and may not begin any other annexation until the water and sewer services are provided.
The municipality shall adopt a resolution of consideration to begin again any
annexation that is stopped due to this subdivision. (2011-396, s. 9; 2012-11, s. 2.)
§ 160A-58.56. Provision of water and sewer service.
(a) The municipality shall provide water and sewer service to the annexed area as required by
plans for extension under G.S. 160A-58.53(3) within three and one-half years of the effective date of the
annexation ordinance except as provided in subdivision (b)(4) of this section. If(i) the residents in the
existing city boundaries are served by a public water or sewer system, or by a combination of a public
water or sewer system and one or more nonprofit entities providing service by contract with the public
system, (ii) the annexing municipality does not provide that service within the existing city boundaries,
(iii) the area to be annexed is in an area served by the public water or sewer system, and (iv) the
municipality has no responsibility through an agreement with the public water or sewer system to pay
for the extension of lines to areas annexed to the city, the city shall have no financial responsibility for
the extension of water and sewer lines under this section. For purposes of this provision, "public water
or sewer system" means a water or sewer authority formed under Article 1 of Chapter 162A of the
General Statutes; a metropolitan water or sewerage district formed under Article 4 or Article 5 of Chapter
162A of the General Statutes; a county water or sewer district formed under Article 6 of Chapter 162A
of the General Statutes; a sanitary district formed under Article 2 of Chapter 130A of the General
Statutes; a county-owned water or sewer system; a municipal-owned water or sewer system; a water or
sewer utility created by an act of the General Assembly; or a joint agency providing a water or sewer
system by interlocal agreement under Article 20 of Chapter 160A of the General Statutes.
(b) Prior to the adoption of the annexation ordinance, the municipality shall offer to each eligible
property owner of real property located within the area proposed to be annexed an opportunity to obtain
water or sewer service, or both, at no cost other than periodic user fees based upon usage as follows:
(1) After passage of the resolution of intent, the property owner of real property located
within the area proposed to be annexed shall be notified in writing, as provided in G.S.
160A-58.55(d), within five business days of the passage of the resolution of intent, of
the opportunity to have water and sewer lines and connections installed at no cost to
the property owner. The notice shall state that a request for extending water and sewer
lines does not waive the right to contest the annexation. The property owners of real
property located within the area proposed to be annexed shall be allowed 65 days from
the date of the passage of the resolution of intent to respond yes or no to the opportunity.
Any property owner of a parcel that is an existing customer of the municipality's water
or sewer, whether provided by the municipality or by a third party under contract with
the municipality, shall be deemed to respond yes to the opportunity, whether or not the
property owner returns the notification.
(2) At the close of the 65-day period, the municipality shall determine if the eligible
property owners of a majority of the parcels to be annexed have responded favorably.
A majority of the property owners of a single parcel of real property must respond
favorably before the municipality may count that parcel of real property as responding
favorably.
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(3) If the property owners of a majority of the parcels located within the area proposed to
be annexed respond favorably, the municipality shall do all of the following:
a. Provide water and sewer lines, service lines, and connections at no cost other
than periodic user fees to all real property for which an owner responded
favorably if the annexation ordinance is adopted. The right to receive water
and sewer lines shall run with the land.
b. Notify, within five days of the close of the 65-day period under subdivision
(2) of this subsection, those property owners of real property located within
the area proposed to be annexed who failed to respond or responded
negatively that the property owners of a majority of the parcels located within
the area proposed to be annexed responded favorably and offer a second
opportunity for that property owner to respond favorably within 30 days.
(4) If the property owners of a majority of the parcels located within the area proposed to
be annexed fail to respond favorably to the offer to obtain water and sewer services
made under this section, the municipality may nevertheless proceed with the
annexation. If the municipality proceeds with the annexation when the property owners
of a majority of the parcels located within the area proposed to be annexed fail to
respond favorably to the offer to obtain water and sewer services, the municipality is
not required to provide water and sewer services to any property owners in the area that
is annexed. If the municipality does provide water and sewer services, and if a property
owner requests those services, the municipality may charge the property owner for the
connection to a residential lot as provided in subsection (d) of this section during the
first five years following the effective date of the annexation. After five years, and only
if connection is requested by a property owner in accordance with subsection (e) of this
section, the municipality may charge for the connection according to the municipality's
policy.
(c) The process required by subsection (b) of this section shall be completed by the municipality
at least 30 days prior to the public hearing. The report required by G.S. 160A-58.53 shall include the
results of the process required by subsection (b) of this section.
(d) Any property owner of the real property located within the area described in the annexation
ordinance may apply to participate in the water and sewer system after the completion of the process
required by subsection (b) of this section. For a property owner of real property located within the area
described in the annexation ordinance applying within the first year, that property owner may be charged
an amount not to exceed fifty percent(50%) of average cost of the installation of the water and sewer for
a residential lot. For a property owner of real property located within the area described in the annexation
ordinance applying within the second year, that property owner may be charged an amount not to exceed
sixty percent (60%) of average cost of the installation of the water and sewer for a residential lot. For a
property owner of real property located within the area described in the annexation ordinance applying
within the third year,that property owner may be charged an amount not to exceed seventy percent(70%)
of average cost of the installation of the water and sewer for a residential lot. For a property owner of
real property located within the area described in the annexation ordinance applying within the fourth
year, that property owner may be charged an amount not to exceed eighty percent (80%) of average cost
of the installation of the water and sewer for a residential lot. For a property owner of real property
located within the area described in the annexation ordinance applying within the fifth year, that property
owner may be charged an amount not to exceed ninety percent (90%) of average cost of the installation
of the water and sewer for a residential lot. Charges pursuant to this section shall be made when the water
and sewer connection is operable.
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(e) Notwithstanding Article 16 of this Chapter, the municipality may not charge, for any reason,
any property owner within the area described in the annexation ordinance, for the installation or use of
the water or sewer system unless that property owner is, or has requested to become, a customer of the
water or sewer system.
(f) The initial installation of water or sewer connection lines to property shall be completed
without charge to the property owner. Title to water or sewer connection lines shall vest in the property
owner following completion of the initial installation. The property owner shall be responsible for
maintenance and repair of water and sewer connection lines on the owner's property following the initial
installation.
(g) If the municipality is unable to provide water or sewer service within three and one-half years,
as required by this section, due to permitting delays that are caused through no fault of the municipality,
the municipality may petition the Local Government Commission for a reasonable time extension.
(h) For purposes of this section, the following definitions apply:
(1) "At no cost other than periodic user fees." - The municipality may not charge the
property owner who responded favorably under subdivision (b)(3) of this section for
any costs associated with the installation of the water or sewer system. The municipality
may not charge a property owner who applies to participate in the water and sewer
system under subsection (d) of this section prior to the first periodic user fee charge,
and on that bill the owner may be charged no more then as provided in subsection (d)
of this section.
(2) "Average installation of a connection for a residential lot." - The average of the cost
for residential installations from curb to residence, including connection and tap fees,
in the area described in the annexation ordinance. (2011-396, s. 9.)
§ 160A-58.57. Contract with rural fire department.
(a) If the area to be annexed described in a resolution of intent passed under G.S. 160A-58.55(c)
includes an area in an insurance district defined under G.S. 153A-233, a rural fire protection district
under Article 3A of Chapter 69 of the General Statutes, or a fire service district under Article 16 of
Chapter 153A of the General Statutes, and a rural fire department was on the date of adoption of the
resolution of intent providing fire protection in the area to be annexed, then the city (if the rural fire
department makes a written request for a good faith offer, and the request is signed by the chief officer
of the fire department and delivered to the city clerk no later than 15 days before the public hearing) is
required to make a good faith effort to negotiate a five-year contract with the rural fire department to
provide fire protection in the area to be annexed.
(b) If the area is a rural fire protection district or a fire service district,then an offer to pay annually
for the term of the contract the amount of money that the tax rate in the district in effect on the date of
adoption of the resolution of intent would generate based on property values on January 1 of each year
in the area to be annexed which is in such a district is deemed to be a good faith offer of consideration
for the contract.
(c) If the area is an insurance district but not a rural fire protection district or fire service district,
then an offer to pay annually over the term of the contract the amount of money which is determined to
be the equivalent of the amount which would be generated by multiplying the fraction of the city's general
fund budget in that current fiscal year which is proposed to be expended for fire protection times the tax
rate for the city in the current year, and multiplying that result by the property valuation in the area to be
annexed which is served by the rural fire department is deemed to be a good faith offer of consideration
for the contract; Provided that the payment shall not exceed the equivalent of fifteen cents (150) on one
hundred dollars ($100.00) valuation of annexed property in the district according to county valuations
for the current fiscal year.
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(d) Any offer by a city to a rural fire department which would compensate the rural fire department
for revenue loss directly attributable to the annexation by paying such amount annually for five years, is
deemed to be a good faith offer of consideration for the contract.
(e) Under subsections (b), (c), or (d) of this section, if the good faith offer is for first responder
service, an offer of one-half the calculated amount under those subsections is deemed to be a good faith
offer.
(f) This section does not obligate the city or rural fire department to enter into any contract.
(g) The rural fire department may, if it feels that no good faith offer has been made, appeal to the
Local Government Commission within 30 days following the passage of an annexation ordinance. The
rural fire department may apply to the Local Government Commission for an order staying the operation
of the annexation ordinance pending the outcome of the review. The Commission may grant or deny the
stay in its discretion upon such terms as it deems proper, and it may permit annexation of any part of the
area described in the ordinance concerning which no question for review has been raised, provided that
no other appeal under G.S. 160A-58.60 is pending.
(h) The Local Government Commission may affirm the ordinance, or if the Local Government
Commission finds that no good faith offer has been made, it shall remand the ordinance to the municipal
governing board for further proceedings, and the ordinance shall then not become effective unless the
Local Government Commission finds that a good faith offer has been made.
(i) Any party to the review under subsection (h) may obtain judicial review in accordance with
Chapter 150B of the General Statutes. (1983, c. 636, s. 21; 1987, c. 827, s. 1; 2011-396, ss. 2, 9.)
§ 160A-58.58. Assumption of debt.
(a) If the city has annexed any area which is served by a rural fire department and which is in an
insurance district defined under G.S. 153A-233, a rural fire protection district under Article 3A of
Chapter 69 of the General Statutes or a fire service district under Article 16 of Chapter 153A of the
General Statutes, then upon the effective date of annexation if the city has not contracted with the rural
fire department for fire protection, or when the rural fire department ceases to provide fire protection
under contract, then the city shall pay annually a proportionate share of any payments due on any debt
(including principal and interest) relating to facilities or equipment of the rural fire department, if the
debt was existing at the time of adoption of the resolution of intent, with the payments in the same
proportion that the assessed valuation of the area of the district annexed bears to the assessed valuation
of the entire district on the date the annexation ordinance becomes effective or another date for valuation
mutually agreed upon by the city and the fire department.
(b) The city and rural fire department shall jointly present a payment schedule to the Local
Government Commission for approval and no payment may be made until such schedule is
approved. (1983, c. 636, s. 23; 1998-150, s. 16; 2011-396, s. 3.)
§ 160A-58.59. Contract with private solid waste collection firms.
(a) If the area to be annexed described in a resolution of intent passed under G.S. 160A-58.55(c)
includes an area where a firm (i) meets the requirements of subsection (b) of this section, (ii) on the
ninetieth day preceding the date of adoption of the resolution of intent or resolution of consideration was
providing solid waste collection services in the area to be annexed, (iii) on the date of adoption of the
resolution of intent is still providing such services, and (iv) by reason of the annexation the firm's
franchise with a county or arrangements with third parties for solid waste collection will be terminated,
the city shall do one of the following:
(1) Contract with the firm for a period of two years after the effective date of the annexation
ordinance to allow the firm to provide collection services to the city in the area to be
annexed for sums determined under subsection (f) of this section.
34
(2) Pay the firm for the firm's economic loss, with one-third of the economic loss to be
paid within 30 days of the termination and the balance paid in 12 equal monthly
installments during the next succeeding 12 months. Any remaining economic loss
payment is forfeited if the firm terminates service to customers in the annexation area
prior to the effective date of the annexation.
(3) Make other arrangements satisfactory to the parties.
(b) To qualify for the options set forth in subsection (a) of this section, a firm must have done one
of the following:
(1) Subsequent to receiving notice of the annexation in accordance with subsection (d) of
this section, filed with the city clerk at least 10 days prior to the public hearing a written
request to contract with the city to provide solid waste collection services containing a
certification, signed by an officer or owner of the firm, that the firm serves at least 50
customers within the county at that time.
(2) Contacted the city clerk pursuant to public notice published by the city, pursuant to
G.S. 160A-58.55(d), at least 10 days before the hearing and provided to the city clerk a
written request to contract with the city to provide solid waste collection services. The
request must contain a certification signed by an officer or owner of the firm that the
firm serves at least 50 customers within the county at that time.
(c) Firms shall file notice of provision of solid waste collection service with the city clerk of all
cities located in the firm's collection area or within five miles thereof.
(d) At least four weeks prior to the date of the informational meeting,the city shall provide written
notice of the resolution of intent to all firms serving the area to be annexed. The notice shall be sent to
all firms that filed notice in accordance with subsection(c) of this section by certified mail,return receipt
requested, to the address provided by the firm under subsection (c) of this section.
(e) The city may require that the contract contain:
(1) A requirement that the firm post a performance bond and maintain public liability
insurance coverage;
(2) A requirement that the firm agree to service customers in the annexed area that were
not served by that firm on the effective date of annexation;
(3) A provision that divides the annexed area into service areas if there were more than
one firm being contracted within the area, such that the entire area is served by the
firms, or by the city as to customers not served by the firms;
(4) A provision that the city may serve customers not served by the firm on the effective
date of annexation;
(5) A provision that the contract can be cancelled in writing, delivered by certified mail to
the firm in question with 30 days to cure substantial violations of the contract, but no
contract may be cancelled on these grounds unless the Local Government Commission
finds that substantial violations have occurred, except that the city may suspend the
contract for up to 30 days if it finds substantial violation of health laws;
(6) Performance standards, not exceeding city standards existing at the time of notice
published pursuant to G.S. 160A-49(b) [160A-58.55(d)] with provision that the
contract may be cancelled for substantial violations of those standards, but no contract
may be cancelled on those grounds unless the Local Government Commission finds
that substantial violations have occurred;
(7) A provision for monetary damages if there are violations of the contract or of
performance standards.
(f) If the services to be provided to the city by reason of the annexation are substantially the same
as rendered under the franchise with the county or arrangements with the parties, the amount paid by the
35
city shall be at least ninety percent (90%) of the amount paid or required under the existing franchise or
arrangements. If such services are required to be adjusted to conform to city standards or as a result of
changes in the number of customers and as a result there are changes in disposal costs (including mileage
and landfill charges), requirements for storage capacity (dumpsters and/or residential carts), and/or
frequency of collection, the amount paid by the city for the service shall be increased or decreased to
reflect the value of such adjusted services as if computed under the existing franchise or arrangements.
In the event agreement cannot be reached between the city and the firm under this subsection,the matters
shall be determined by the Local Government Commission.
(g) The firm may, if it contends that no contract has been offered, appeal to the Local Government
Commission within 30 days following passage of an annexation ordinance. The firm may appeal to the
Local Government Commission for an order staying the operation of the annexation ordinance pending
the outcome of the review. The Commission may grant or deny the stay upon such terms as it deems
proper. If the Local Government Commission finds that the city has not made an offer which complies
with this section, it shall remand the ordinance to the municipal governing board for further proceedings,
and the ordinance shall not become effective until the Local Government Commission finds that such an
offer has been made. Either the firm or the city may obtain judicial review in accordance with Chapter
150B of the General Statutes.
(h) A firm which has given notice under subsection (a) of this section that it desires to contract,
and any firm that the city believes is eligible to give such notice, shall make available to the city not later
than 30 days following a written request of the city, sent by certified mail return receipt requested, all
information in its possession or control, including but not limited to operational, financial and budgetary
information, necessary for the city to determine if the firm qualifies for the benefits of this section and
to determine the nature and scope of the potential contract and/or economic loss. The firm forfeits its
rights under this section if it fails to make a good faith response within 30 days following receipt of the
written request for information from the city, provided that the city's written request so states by specific
reference to this section.
(i) As used in this section, the following terms mean:
(1) Economic loss. - A sum equal to 15 times the average gross monthly revenue for the
three months prior to the passage of the resolution of intent or resolution of
consideration, as applicable under subsection (a) of this section, collected or due the
firm for residential, commercial, and industrial collection service in the area annexed
or to be annexed; provided that revenues shall be included in calculations under this
subdivision only if policies of the city will provide solid waste collection to those
customers such that arrangements between the firm and the customers will be
terminated.
(2) Firm. - A private solid waste collection firm. (1985, c. 610, s. 4; 1987, c. 827, s. 1;
1989, c. 598, s. 9; 1998-150, s. 17; 2006-193, s. 2; 2006-259, s. 53; 2011-396, ss. 4, 9.)
§ 160A-58.60. Appeal.
(a) Within 60 days following the adoption of the annexation ordinance, any property owner of
real property located within the area described in the annexation ordinance who believes that property
owner will suffer material injury by reason of the failure of the municipal governing board to comply
with the procedure or to meet the requirements set forth in this Part as they apply to the annexation may
file a petition in the superior court of the county in which the municipality is located seeking review of
the action of the governing board.
(b) Such petition shall explicitly state what exceptions are taken to the action of the governing
board and what relief the petitioner seeks. Within 10 days after the petition is filed with the court, the
36
person seeking review shall serve copies of the petition by registered mail,return receipt requested, upon
the municipality.
(c) Within 15 days after receipt of the copy of the petition for review or within such additional
time as the court may allow, the municipality shall transmit to the reviewing court both of the following:
(1) A transcript of the portions of the municipal journal or minute book in which the
procedure for annexation has been set forth.
(2) A copy of the report setting forth the plans for extending services to the annexed area
as required in G.S. 160A-58.53.
(d) If two or more petitions for review are submitted to the court, the court may consolidate all
such petitions for review at a single hearing, and the municipality shall be required to submit only one
set of minutes and one report as required in subsection (c) of this section.
(e) At any time before or during the review proceeding, any petitioner or petitioners may apply
to the reviewing court for an order staying the operation of the annexation ordinance pending the outcome
of the review. The court may grant or deny the stay in its discretion upon such terms as it deems proper,
and it may permit annexation of any part of the area described in the ordinance concerning which no
question for review has been raised.
(f) The court shall fix the date for review of annexation proceedings under this Part,which review
date shall be expeditious and without unnecessary delays. The review shall be conducted by the court
without a jury. The court may hear oral arguments and receive written briefs and may take evidence
intended to show one or more of the following:
(1) That the statutory procedure was not followed.
(2) That the provisions of G.S. 160A-58.53 were not met.
(3) That the provisions of G.S. 160A-58.54 have not been met.
(4) That the provisions of G.S. 160A-58.50 have not been met.
(g) The court may affirm the action of the governing board without change, or it may order any
of the following:
(1) Remand the ordinance to the municipal governing board for further proceedings if
procedural irregularities are found to have materially prejudiced the substantive rights
of any of the petitioners.
(2) Remand the ordinance to the municipal governing board for amendment of the
boundaries to conform to the provisions of G.S. 160A-58.54 if it finds that the
provisions of G.S. 160A-58.54 have not been met; provided, that the court cannot
remand the ordinance to the municipal governing board with directions to add area to
the municipality which was not included in the notice of public hearing and not
provided for in plans for service.
(3) Remand the report to the municipal governing board for amendment of the plans for
providing services to the end that the provisions of G.S. 160A-58.53 are satisfied or to
correct errors in [the] municipal governing board's estimates that fall below the
standards in G.S. 160A-58.63.
(4) Declare the ordinance null and void, if the court finds that the ordinance cannot be
corrected by remand as provided in subdivisions (1), (2), or (3) of this subsection.
If any municipality shall fail to take action in accordance with the court's instructions upon remand
within 90 days following entry of the order embodying the court's instructions,the annexation proceeding
shall be deemed null and void.
(h) Any party to the review proceedings, including the municipality, may appeal to the Court of
Appeals from the final judgment of the superior court under rules of procedure applicable in other civil
cases. The superior court may, with the agreement of the municipality, permit annexation to be effective
with respect to any part of the area concerning which no appeal is being made and which can be
37
incorporated into the municipality without regard to any part of the area concerning which an appeal is
being made.
(i) If part or all of the area annexed under the terms of an annexation ordinance is the subject of
an appeal to the superior court, Court of Appeals,or Supreme Court on the effective date of the ordinance,
then the ordinance shall be deemed amended to make the effective date with respect to such area the first
June 30th at least six months following the date of the final judgment of the superior court or appellate
division, or the first June 30th at least six months from the date the municipal governing board completes
action to make the ordinance conform to the court's instructions in the event of remand. For the purposes
of this subsection, a denial of a petition for rehearing or for discretionary review shall be treated as a
final judgment.
0) If a petition for review is filed under subsection (a) of this section or an appeal is filed under
G.S. 160A-58.57(g) or G.S. 160A-58.59(g) and a stay is granted, then the time periods of three and one-
half years or G.S. 160A-58.55(n) are each extended by the lesser of the length of the stay or one year for
that annexation.
(k) The provisions of subsection (i) of this section shall apply to any judicial review authorized
in whole or in part by G.S. 160A-58.57(i) or G.S. 160A-58.57(g).
(1) In any proceeding related to an annexation ordinance appeal under this section, a municipality
shall not state a claim for lost property tax revenue caused by the appeal. Nothing in this Article shall be
construed to mean that as a result of an appeal a municipality may assert a claim for property tax revenue
lost during the pendency of the appeal.
(m) Any settlement reached by all parties in an appeal under this section may be presented to the
superior court in the county in which the municipality is located. If the superior court, in its discretion,
approves the settlement, it shall be binding on all parties without the need for approval by the General
Assembly.
(n) If a final court order is issued against the annexing municipality, costs in the action, including
reasonable attorneys'fees for such aggrieved person having a freehold interest in the real property located
within the area described in the annexation ordinance, may be charged to the municipality. (2011-396,
s. 9 2012-11, s. 5; 2013-410, s. 15.)
§ 160A-58.61. Annexation recorded.
Whenever the limits of a municipality are enlarged in accordance with the provisions of this Part, it
shall be the duty of the mayor of the municipality to cause an accurate map of such annexed territory,
together with a copy of the ordinance duly certified, to be recorded in the office of the register of deeds
of the county or counties in which such territory is situated and in the office of the Secretary of State.
The documents required to be filed with the Secretary of State under this section shall be filed not later
than 30 days following the effective date of the annexation ordinance. All documents shall have an
identifying number affixed thereto and shall conform in size in accordance with rules prescribed by the
Secretary. Failure to file within 30 days shall not affect the validity of the annexation. Any annexation
shall be reported as part of the Boundary and Annexation Survey of the United States Bureau of the
Census. (1959, c. 1009, s. 7; 1973, c. 426, s. 74; 1987, c. 715, s. 8; c. 879, s. 3; 1989, c. 440, s. 9; 1991,
c. 586, s. 3; 2011-396, s. 5.)
§ 160A-58.62. Authorized expenditures.
Municipalities initiating annexations under the provisions of this Part are authorized to make
expenditures for surveys required to describe the property under consideration or for any other purpose
necessary to plan for the study and/or annexation of unincorporated territory adjacent to the municipality.
In addition, following final passage of the annexation ordinance, the annexing municipality shall have
authority to proceed with expenditures for construction of water and sewer lines and other capital
38
facilities and for any other purpose calculated to bring services into the annexed area in a more effective
and expeditious manner prior to the effective date of annexation. (1959, c. 1009, s. 8; 1973, c. 426, s.
74; 2011-396, s. 6.)
§ 160A-58.63. Population and land estimates.
In determining population and degree of land subdivision for purposes of meeting the requirements
of G.S. 160A-58.54,the municipality shall use methods calculated to provide reasonably accurate results.
In determining whether the standards set forth in G.S. 160A-58.54 have been met on appeal to the
superior court under G.S. 160A-58.60, the reviewing court shall accept the estimates of the municipality
unless the actual population, total area, or degree of land subdivision falls below the standards in G.S.
160A-58.54:
(1) As to population, if the estimate is based on the number of dwelling units in the area
multiplied by the average family size in such area, or in the township or townships of
which such area is a part, as determined by the last preceding federal decennial census;
or if it is based on a new enumeration carried out under reasonable rules and regulations
by the annexing municipality; provided, that the court shall not accept such estimates
if the petitioners demonstrate that such estimates are in error in the amount of ten
percent (10%) or more.
(2) As to total area, if the estimate is based on an actual survey, or on county tax maps or
records, or on aerial photographs, or on some other reasonably reliable map used for
official purposes by a governmental agency, unless the petitioners on appeal
demonstrate that such estimates are in error in the amount of five percent(5%) or more.
(3) As to degree of land subdivision, if the estimates are based on an actual survey, or on
county tax maps or records, or on aerial photographs, or on some other reasonably
reliable source, unless the petitioners on appeal show that such estimates are in error in
the amount of five percent (5%) or more. (2011-396, s. 9.)
39
DRAFT
1 MEETING MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 NOVEMBER 3,2021
4 REGULAR MEETING
5 (Due to current public health concerns, this meeting was held virtually.
6 Members of the Planning Board, staff and public participated remotely)
7
8 MEMBERS PRESENT: David Blankfard (Chair), Hillsborough Township Representative;Adam Beeman (Vice-Chair), Cedar
9 Grove Township Representative; Lamar Proctor, Cheeks Township Representative; Kim Piracci, Eno Township
10 Representative; Carrie Fletcher, Bingham Township Representative; Statler Gilfillen,At-Large Representative;
11 Randy Marshall,At-Large Representative; Susan Hunter, Chapel Hill Township Representative;Whitney Watson,At-Large
12 Representative; Melissa Poole, Little River Township Representative; Charity Kirk,At-Large Representative;
13
14 MEMBERS ABSENT: Alexandra Allman,At-Large Representative;
15
16 STAFF PRESENT: Perdlta Holtz, Planning Systems Coordinator; Michael Harvey, Current Planning Supervisor;Ashley
17 Moncado, Planner ll;Tina Love,Administrative Support
18
19
20 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
21 Chair David Blankfard called the meeting to order.
22
23
24 AGENDA ITEM 2: INFORMATION ITEMS
25 a. Planning Calendar for November and December
26
27
28 AGENDA ITEM 3: APPROVAL OF MINUTES
29 September 1, 2021 Regular Meeting Minutes
30 September 1, 2021 Training Notes
31
32 MOTION BY Lamar Proctor to approve the September 1, 2021 Regular Meeting Minutes and Training Notes. Seconded by
33 Randy Marshall.
34
35 ROLLCALL VOTE:
36 Charity Kirk Yes
37 Randy Marshall Yes
38 Susan Hunter Yes
39 Lamar Proctor Yes
40 Kim Piracci Yes
41 Adam Beeman Yes
42 Statler Gilfillen Yes
43 Melissa Poole Yes
44 Carrie Fletcher Yes
45 Whitney Watson Yes
46 David Blankfard Yes
47 MOTION PASSED UNANIMOUSLY
48
49
50 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA.
51
52 There were none
53
54
55 AGENDA ITEM 5: PUBLIC CHARGE
56
40
DRAFT
57 INTRODUCTION TO THE PUBLIC CHARGE
58 The Board of County Commissioners, under the authority of North Carolina General Statute,appoints the
59 Orange County Planning Board (OCPB) to uphold the written land development law of the County. The
60 general purpose of OCPB is to guide and accomplish coordinated and harmonious development. OCPB
61 shall do so in a manner, which considers the present and future needs of its citizens and businesses
62 through efficient and responsive process that contributes to and promotes the health, safety, and welfare
63 of the overall County. The OCPB will make every effort to uphold a vision of responsive governance and
64 quality public services during our deliberations, decisions, and recommendations.
65
66 PUBLIC CHARGE
67 The Planning Board pledges to the citizens of Orange County its respect. The Board asks its citizens to
68 conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At
69 any time, should any member of the Board or any citizen fail to observe this public charge,the Chair will
70 ask the offending member to leave the meeting until that individual regains personal control. Should
71 decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment
72 to this public charge is observed.
73
74
75 AGENDA ITEM 6: CHAIR COMMENTS
76
77 There were none
78
79
80 AGENDA ITEM 6: AMENDMENTS TO THE ORANGE COUNTY COMPREHENSIVE PLAN FUTURE LAND USE MAP AND TO THE
81 ORANGE COUNTY ZONING ATLAS—ENO ECONOMIC DEVELOPMENT DISTRICT(EDD)—To make a
82 recommendation to the BOCC on BOCC-initiated amendments to the two maps listed in the title. The
83 proposed amendments to the Future Land Use Map (FLUM)would change the land use classification of
84 112.2 acres of land, comprised of 34 parcels,from Economic Development District Transition Activity
85 Node to 10-Year Transition. The same parcels are also proposed to be rezoned from EDE-1 (Economic
86 Development Eno Lower Intensity)to R-1 (Rural Residential)This item is scheduled for BOCC Public
87 Hearing on December 14, 2021.
88 PRESENTER: Perdita Holtz, Planning Systems Coordinator
89
90 Perdita Holtz presented a PowerPoint presentation to the Board and provided background information and answered
91 questions.
92
93 David Blankfard: Will this allow existing the pump station to serve everything else that is currently in the EDD.
94
95 Perdita Holtz: A lot of the existing uses in the EDD are on well and septic and not hooked up to existing sewer. The
96 capacity for the pump station is focused on that 200 acres plus the development that Durham is anticipating on its side of
97 the county line.
98
99 Adam Beeman: What is the long-term plan in Orange County for waste treatment? Seems like we're sending off to
100 Mebane and Durham and Durham has that explosion of growth on the border so it would be nice to have some sort of
101 commercial options available.
102
103 Perdita Holtz: There is no plan for Orange County to get into what we call the water and sewer business. That has been
104 left to the municipalities not just Durham and Mebane but also Hillsborough, Chapel Hill and Carrboro. Chapel Hill and
105 Carrboro being through OWASA.
106
107 Adam Beeman: So we have no intentions of trying to deal with that as far as the County is concerned?
108
109 Perdita Holtz: That has been the political decision that was made to date.
110
111 Adam Beeman: Well I think we need to rethink that because it's not going to work. If we are going to look at ourselves
112 along the industrial corridor, 140 and 1-85, because we are relying on other people. That limits any kind of commercial
41
DRAFT
113 growth. That concerns me not having any thoughts of potential restaurants, etc. We're going to limit ourselves the whole
114 way down the highway and they're just going to go to other counties to spend their money because we don't want to deal
115 with waste.
116
117 Lamar Proctor: Orange County doesn't have any water and sewer infrastructure anywhere close to this area.
118
119 Perdita Holtz: Orange County doesn't have water and sewer infrastructure at all. It's all with other entities, municipalities,
120 OWASA and Orange Alamance Water System in Efland.
121
122 Lamar Proctor: These 100+acres, if they are rezoned back to R-1, does there need to be a shift anywhere else. Is there
123 some master amount of acreage that needs to be a certain zone?
124
125 Perdita Holtz: No,the EDD districts that are affiliated with the Eno and Buckhorn Districts are 2 areas that do not actually
126 require non-residential to hook up to a public water and sewer system.
127
128 David Blankfard: Is it common that NC counties are not in the water and sewer business?
129
130 Perdita Holtz: It's more common than not. They can be but it's a very expensive endeavor. To build and maintain a
131 wastewater treatment plant is a lot of money, 10s and 10s of millions of dollars and then there's the upkeep. A lot of
132 permitting because of discharge into rivers and streams or you have to use spray irrigation. It's more common that
133 counties are in the water business where they have a water system but no sewer system.
134
135 Charity Kirk: It the area of the map (yellow)the area of higher density is that R-2?
136
137 Perdita Holtz: It is, that's Whispering Pines Subdivision and it's R-2 zoning and the difference is minimum lot sizes and
138 setback requirements,the list of uses is the same. R-1 is what the County Commissioners initiated and why the proposal
139 is for R-1. The lots in Whispering Pines subdivision are much smaller than any of the lots around and that is because of
140 the R-2 zoning.
141
142 Charity Kirk: If this is an economic development zone it makes more sense to encourage density.
143
144 Perdita Holtz: I believe the County Commissioners are acting as though they do not want it to be an economic
145 development area any more in areas 1 and 2 on this map. When they initiated the amendments they didn't give a reason
146 but from what I've been able to gather, it has to do with the lack of water and sewer and also wanting to have residential
147 where there is existing residential and not have conversion of those lots to other uses.
148
149 Charity Kirk: The Board of Commissioners seem to know that they want. The point of this is just to recommend that they
150 do it or not?
151
152 Perdita Holtz: Under statute, the Planning Board makes a recommendation on all Comprehensive Plan and Zoning
153 Amendments and so this is the prescribed process that has to happen.
154
155 Charity Kirk: Is there a reason we shouldn't recommend it to the R-2?
156
157 Perdita Holtz: The short answer is no. Also keep in mind the vast majority of these parcels in 37.7 acres and 74.5 acre
158 area already have houses on them.
159
160 Charity Kirk: So you don't suggest that would be a good idea because they're already developed and we don't want to
161 have to go through and review lot size with the existing owners.
162
163 Perdita Holtz: Correct.
164
165 Statler Gilfillen: At the core this is downzoning, if I were a property owner and would be more restricted of the use of my
166 property long-term, I might have comments or questions. Can you tell us the level of public response to this?
167
42
DRAFT
168 Perdita Holtz: There were 6 residents that attended the public information meeting and they just had basic zoning
169 questions. Mostly, they were concerned about being able to continue to have their single family residences. I fielded a
170 handful of phone calls that were basic zoning questions of what it means for their property.
171
172 Whitney Watson: I see that this change,the EDD has been in place for a number of years. If in the future Durham does
173 have additional capacity how difficult would it be to convert these areas back to ED-1 or ED-2?
174
175 Perdita Holtz: It would be the same process as what we're doing now. It is within the primary service area of the
176 WASMPBA agreement and this area is designated as primary service area which means extension of public water and
177 sewer would be allowed. That's one of the roadblocks of putting non-residential zoning outside of those designated
178 primary service areas. That would not occur in this case it would be a rezoning process and a Future Land Use Map
179 process like we are going through right now to change it back if there were any changes in the future.
180
181 Adam Beeman: Hillsborough has no intention of expanding their water and sewer?
182
183 Perdita Holtz: Not to this area, not this far east. My understanding is that they are concerned that their existing growth
184 areas are the sewer capacity that they will be able to handle.
185
186 MOTION BY Kim Piracci to approve the recommendation to the BOCC on the Statement of Consistency and the proposed
187 ordinance as shown in Attachment 1 and Attachment 2. Seconded by Statler Gilfillen.
188
189 ROLLCALL VOTE:
190 Charity Kirk Yes
191 Susan Hunter Yes
192 Lamar Proctor Yes
193 Kim Piracci Yes
194 Adam Beeman Yes
195 Statler Gilfillen Yes
196 Carrie Fletcher Yes
197 Melissa Poole Yes
198 Whitney Watson Yes
199 Randy Marshall Yes
200 David Blankfard Yes
201 MOTION PASSED UNANIMOUSLY
202
203
204 AGENDA ITEM 8: ADJOURNMENT
205 Meeting was adjourned by consensus at 7:39 p.m.
206
207
208 David Blankfard, Chair
43
DRAFT
1 SUMMARY NOTES
2 ORANGE COUNTY PLANNING BOARD
3 NOVEMBER 3,2021
4 ORDINANCE REVIEW COMMITTEE
5
6 NOTE: A quorum is not required for Planning Board Ordinance Review Committee meetings or Training Sessions.
7
8 Due to current public health concerns, the ORC meeting/training session was virtual. Members of the Planning Board and staff
9 participated in the meeting remotely.
10
11 MEMBERS PRESENT: David Blankfard (Chair), Hillsborough Township Representative;Adam Beeman (Vice-Chair), Cedar
12 Grove Township Representative; Lamar Proctor, Cheeks Township Representative; Kim Piracci, Eno Township
13 Representative; Carrie Fletcher, Bingham Township Representative; Statler Gilfillen,At-Large Representative;
14 Randy Marshall,At-Large Representative; Susan Hunter, Chapel Hill Township Representative;Whitney Watson,At-Large
15 Representative; Melissa Poole, Little River Township Representative; Charity Kirk,At-Large Representative;
16
17 STAFF PRESENT: Perdlta Holtz, Planning Systems Coordinator; Michael Harvey, Current Planning Supervisor;
18 Ashley Moncado, Planner II;Tina Love,Administrative Support
19
20 AGENDA ITEM 1: CALL TO ORDER
21
22 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS — DECRIMINALIZATION OF ORDINANCE
23 VIOLATIONS-To review proposed LIDO amendments in response to Session Law 2021-138 (Senate Bill
24 300) which decriminalized violations of certain types of ordinances, including ordinance regulating
25 planning and development.
26 PRESENTER: Michael Harvey, Current Planning Supervisor
27
28 Michael Harvey gave the Planning Board members background and information regarding the need to amend the UDO in
29 response to legislative changes regarding decriminalization of violations as it related to some planning and development land
30 use regulations and answered questions.
31
32 Charity Kirk: We have to do this because the state has made a law change,we don't really have a choice.
33
34 Michael Harvey: Correct, state law now says you can no longer do this(i.e. impose criminal penalties)to enforce a land use
35 regulation. We're engaging in an ordinance amendment to make sure we are consistent with state law.
36
37 Lamar Proctor: You are still permitted to seek criminal charges for some violations, right?
38
39 Michael Harvey: Correct,we still have legal authority to seek a criminal charge for a violation of erosion control and flood plain
40 regulations.
41
42 Statler Gilfillen: This is mostly procedural and you've not had experiences in the past where you've ever had to formally file a
43 criminal charge.
44
45 Michael Harvey: Correct, in 25 years as a planner and being an enforcement officer, I have never filed a criminal charge for
46 violation of land use regulations.
47
48 Statler Gilfillen: As an extreme hypothetical, if someone had 100 acres and decided to bring in truckloads of nuclear waste and
49 dump it in the middle of the property and they do it consciously and willfully,where does something like that fall?
50
51 Michael Harvey: We would seek an order of cessation and abatement through the court system. We could not seek criminal
52 charges any longer. The federal or state governments may be able to seek some sort of criminal redress but we cannot.
53
1
44
DRAFT
54 Perdita Holtz: The LIDO deals with land use issues and there are other laws that apply to nuclear waste being dumped so 1
55 don't want people to go away thinking this is the only way for recourse.
56
57 Lamar Proctor: As a prosecutor of Orange County for 13 years, I have only had one case referred to me and that was by the
58 Carrboro Planning Department. The criminal court is really poorly equipped to deal with these sorts of cases that deal with
59 injunctions and civil penalties. You are much better off seeking injunctive relief and civil relief. If there's an environmental
60 problem or violation that gets to the level of state statutes,then the State Department of Environment Quality will jump in,the
61 AG's office and I have dealt with that. I had a case once with illegal sewage that was going into a stream. If it gets to a certain
62 level,state authorities would jump in.
63
64 Carrie Fletcher: What initiated this?
65
66 Michael Harvey: I wish I could tell you. I'm sure that local district attorneys did not want to deal with some of the idiosyncrasies
67 of a land use issue through a criminal proceeding. The burden of proof becomes more difficult for criminal proceedings versus
68 seeking an injunction or getting payment for civil penalty. It's probably an attempt to try to guarantee a more effective use of
69 the court's time. This only impacts the methods available with respect to the enforcement of local land use regulations.
70
71 Kim Piracci: Mine is more of a comment than a question. I actually feel better that Lamar feels ok with this because if he didn't
72 feel ok with it I would really feel not ok with it. In my mind there's what's legal and there's what's moral and ethical. Just
73 because the state is saying this, I can imagine a situation where there is a land use violation and it's pretty extreme and this
74 person doesn't care because nothing is really going to happen. Financially, he or she is going to come out ahead by breaking
75 the law so even though we have to do this, I'm going to vote no. I feel like this is a tool that might come in handy sometime
76 somewhere. I'm not trying to convince anybody else that they have to vote my way, I'm not getting it.
77
78 Michael Harvey: I respect your opinion. Unfortunately,this is not something that we're going to have the authority under state
79 law to pursue. I'm not saying that you are not entitled to your opinion and I'm certainly not saying you are wrong in an attempt
80 to diminish the value of your opinion. What I am saying is that the law no longer gives me this as a viable option to address an
81 identified violation of a local land use law. This is what I've been asked to do, state law no longer gives me the authority to do it
82 so we are eliminating it because state law has taken it out of our toolbox.
83
84 Kim Piracci: Right, and it doesn't matter how we vote the County Commissioners are going to do what they need to do
85 anyway.
86
87 Michael Harvey: Where we have violations that transcend land use issues,we've always had willing partnerships at the state
88 level to assist us and we not only involve state offices but also Orange County Solid Waste. I think that we have enough
89 arrows in the quiver to address the problem and effectively guarantee compliance. Yes, there's a component of the
90 enforcement strategy being eliminated, I don't think it's that effective.
91
92 Lamar Proctor: I do think that the State Legislature seems to have streamlined things for developers to make things easier for
93 economic development and I think part of that is because developers and lobbyist didn't want to be subject to criminal penalties
94 if something goes sideways on a land use thing. It could be an attempt to remove any threat for criminal prosecution. I do
95 understand Kim's point. Removing criminal penalties for egregious land use violations feels wrong but I agree with Michael
96 that most DA offices don't want to deal with those sort of cases. This doesn't strike me as giving away the environment.
97
98
99 AGENDA ITEM 4: ADJOURNMENT
100 The ORC session was adjourned at 8:04 p.m.
101
2
45
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 1, 2021
Action Agenda
Item No. 7
SUBJECT: Unified Development Ordinance Text Amendment — Modification of
Enforcement Provisions Addressing Changes in State Law
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT: (919)
1. Excerpt of Session Law 2021-138 Michael D. Harvey, Planner III 245-2578
2. November 3, 2021 Draft Ordinance Craig Benedict, Director 245-2575
Review Committee (ORC) Notes
3. Statement of Consistency
4. Ordinance Amending UDO
PURPOSE: To review and make a recommendation to the BOCC on staff initiated amendments
to the Orange County Unified Development Ordinance (UDO) eliminating existing language
allowing staff to seek criminal penalties for violations of certain land use regulations. The
modification(s) are necessary to address recent changes in State law.
BACKGROUND: On September 2, 2021, Governor Cooper signed Session Law 2021-138.
Portions of the legislation, excerpt contained in Attachment 1, decriminalizes certain types of
ordinances including planning and development regulations. Put simply, violation(s) of certain
provisions of the UDO are no longer potential criminal offences. The full version of the law is
viewable here: Session Law 2021-138.
The amendment was reviewed by the Board's Ordinance Review Committee (ORC) on
November 3, 2021 regular meeting. Agenda materials are available at:
https://www.orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 11032021-1326.
Attachment 2 contains the draft ORC meeting notes.
• What the Amendment Does: Eliminates existing language in Section 9.6.5 giving staff
the option of seeking criminal penalties for violations of the UDO. The proposal
renumbers appropriate sections to address the elimination of Section 9.6.5 of the UDO.
• What the Amendment Does Not Do: Eliminate language allowing for potential criminal
penalties for violation(s) of floodplain management (Section 9.7), soil erosion and
sedimentation control (Section 9.8) and stormwater management (Section 9.9)
regulations. The Session Law does not modify enabling authority under which these
provisions were adopted.
As previously indicated the amendment(s) are necessary to address the County's compliance
with applicable State law. The County Attorney's office has reviewed the proposal and found it
to be legally sufficient.
46
Planning Director's Recommendation: The Planning Director recommends approval of the
Statement of Consistency, indicating the amendments are reasonable and in the public interest,
contained in Attachment 3 and the proposed ordinance contained in Attachment 4.
FINANCIAL IMPACT: Existing County staff has and will continue to accomplish the necessary
tasks associated with amending the UDO.
RECOMMENDATION(S): The Planning Director recommends the Planning Board:
1. Review the proposed UDO text amendments,
2. Deliberate as desired,
3. Consider the Planning Director's recommendation, and
4. Make a recommendation to the BOCC on the Statement of Consistency (Attachment 3)
and the proposed ordinance (Attachment 4) in time for the December 14, 2021 BOCC
meeting.
47
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
SESSION LAW 2021-138
SENATE BILL 300
AN ACT TO INCREASE PROTECTIONS, TRAINING, AND OVERSIGHT FOR STATE
AND LOCAL LAW ENFORCEMENT OFFICERS; TO CREATE A DECERTIFICATION
DATABASE; TO REQUIRE USE OF THE FEDERAL BUREAU OF INVESTIGATION'S
NEXT GENERATION IDENTIFICATION SYSTEM AND RAP BACK SERVICE FOR
LAW ENFORCEMENT; TO REQUIRE REPORTING RELATED TO GIGLIO
MATERIAL; TO EXPAND TRANSPORTATION OF INVOLUNTARY COMMITMENT
RESPONDENTS; TO STANDARDIZE LAW ENFORCEMENT OFFICER ENTRY
REQUIREMENTS AND ONGOING REQUIREMENTS; TO REQUIRE
PSYCHOLOGICAL SCREENINGS OF LAW ENFORCEMENT OFFICERS PRIOR TO
CERTIFICATION OR EMPLOYMENT; TO EDUCATE LAW ENFORCEMENT
OFFICERS ON MAINTAINING GOOD MENTAL HEALTH, AND TO PROVIDE
INFORMATION TO LAW ENFORCEMENT OFFICERS ON MENTAL HEALTH
RESOURCES AVAILABLE; TO CREATE A PHYSICAL FITNESS STUDY; TO
DECRIMINALIZE CERTAIN LOCAL ORDINANCES AND PROVIDE COMPLIANCE
AS A DEFENSE TO AN ORDINANCE VIOLATION; TO MANDATE MISDEMEANOR
FIRST APPEARANCES WHEN A DEFENDANT IS IN CUSTODY; TO REQUIRE USE
OF THE NATIONAL DECERTIFICATION INDEX MAINTAINED BY THE
INTERNATIONAL ASSOCIATION OF DIRECTORS OF LAW ENFORCEMENT
STANDARDS AND TRAINING IN THE CERTIFICATION PROCESS FOR CERTIFIED
PERSONNEL; TO ESTABLISH A DUTY FOR LAW ENFORCEMENT OFFICERS TO
INTERVENE IN AND REPORT EXCESSIVE USE OF FORCE; TO ADDRESS
CONSTITUTIONAL ISSUES WITH SATELLITE-BASED MONITORING RAISED IN
STATE VERSUS GRADY AND CREATE A PROCESS TO REVIEW WHETHER
OFFENDERS SUBJECT TO THAT CASE WHICH WERE REMOVED FROM
SATELLITE-BASED MONITORING ARE OTHERWISE ELIGIBLE; TO REMOVE THE
STANDARDS COMMISSIONS FROM A NONEXCLUSIVE LIST OF STATE AGENCY
LICENSING BOARDS; TO PROTECT LAW ENFORCEMENT OFFICERS; TO AMEND
THE LAW TO PROVIDE IMMEDIATE DISCLOSURE OF BODY-WORN CAMERA
RECORDINGS RELATED TO DEATH OR SERIOUS BODILY INJURY; AND TO
ESTABLISH THE BIPARTISAN NORTH CAROLINA LEGISLATIVE WORKING
GROUP TO MAKE RECOMMENDATIONS FOR THE RECODIFICATION OF NORTH
CAROLINA'S CRIMINAL LAWS.
The General Assembly of North Carolina enacts:
PART I. DECERTIFICATION STATEWIDE DATABASE AND PUBLIC LAW
ENFORCEMENT DATABASE REGULATIONS
SECTION L(a) Article 1 of Chapter 17C of the General Statutes is amended by
adding a new section to read:
"& 17C-14. Database of law enforcement officer certification suspensions and revocations.
11111111111111111111
* S 3 0 0 - V - 8 *
48
detention;(ii)best practices for handling incidents involving juveniles;
(iii) adolescent development and psychology; and (iv) promoting
relationship building with youth as a key to delinquency prevention.
C. Ethics.
d. Mental health for justice officers.
e. Community policing.
f. Minority sensitivity.
g_ Use of force.
h. The duty to intervene and report.
SECTION 11.(c) This section becomes effective January 1, 2022.
PART XII. EXEMPT CHANGES TO LAW ENFORCEMENT IN-SERVICE TRAINING
STANDARDS FROM RULEMAKING
SECTION 12.(a) G.S. 150B-1(d) reads as rewritten:
"(d) Exemptions from Rule Making. — Article 2A of this Chapter does not apply to the
following:
66aa) The Criminal Justice Education and Training Standards Commission with
respect to establishing minimum standards for in-service training for criminal
justice officers under G.S. 17C-6(a)(14).
The Sheriffs' Education and Training Standards Commission with respect to
establishing minimum standards for in-service training for justice officers
under G.S. 17E-4(a)(11).
SECTION 12.(b) This section is effective when it becomes law.
PART XIII. DECRIMINALIZATION OF CERTAIN ORDINANCES
SECTION 13.(a) G.S. 153A-123 reads as rewritten:
"§ 153A-123. Enforcement of ordinances.
(b) Unless theboard of eefmnissiener-s has provided other-wi Except for the types of
ordinances listed in subsection (b 1) of this section, violation of a county ordinance may be a
misdemeanor or infraction as provided by G.S.14-4. G.S. 14-4 only if the county specifies such
in the ordinance. An ordinance may provide by express statement that the maximum fine, term
of imprisonment, or infraction penalty to be imposed for a violation is some amount of money or
number of days less than the maximum imposed by G.S. 14-4. Notwithstanding G.S. 153A-45,
no ordinance specifying a criminal penalty may be enacted at the meeting in which it is first
introduced.
bhl,) No ordinance of the following types may impose a criminal penalty_
(11,) Any ordinance adopted under Article 18 of this Chapter, Planning and
Regulation of Development or, its successor, Chapter 160D of the General
Statutes, except for those ordinances related to unsafe buildings.
Q Any ordinance adopted pursuant to G.S. 153A-134, Regulating and licensing
businesses, trades, etc.
Any ordinance adopted pursuant to G.S. 153A-138, Registration of mobile
homes, house trailers, etc.
Any ordinance adopted pursuant to G.S. 153A-140.1, Stream-clearing
programs.
Any ordinance adopted pursuant to G.S. 153A-143, Regulation of outdoor
advertising or, its successor, G.S. 160D-912, Outdoor advertising_
Senate Bill 300 Session Law 2021-138 Page 11
49
Any ordinance adopted pursuant to G.S. 153A-144,Limitations on regulating_
solar collectors or, its successor, G.S. 160D-914, Solar collectors.
0 Any ordinance adopted pursuant to G.S. 153A-145,Limitations on re_ug lating
cisterns and rain barrels.
(88) Any ordinance regulating trees.
SECTION 13.(b) G.S. 160A-175 reads as rewritten:
"§ 160A-175. Enforcement of ordinances.
(b) Unless;ne Couneil shall other-wise provide, Except for the types of ordinances listed
in subsection (bl) of this section, violation of a city ordinance is-may be a misdemeanor or
infraction as provided by G.S. 14-4 only if the city specifies such in the ordinance. An
ordinance may provide by express statement that the maximum fine, term of imprisonment, or
infraction penalty to be imposed for a violation is some amount of money or number of days less
than the maximum imposed by G.S. 14-4. Notwithstanding G.S. 160A-75, no ordinance
specifying a criminal penalty may be enacted at the meeting in which it is first introduced.
bbll) No ordinance of the following types may impose a criminal penalty:
W Any ordinance adopted under Article 19 of this Chapter, Planning and
Regulation of Development, or its successor, Chapter 160D of the General
Statutes, except for those ordinances related to unsafe buildings.
Q Any ordinance adopted pursuant to G.S. 160A-193.1, Stream-clearing
programs.
(3) Any ordinance adopted pursuant to G.S. 160A-194, Regulating and licensing
businesses, trades, etc.
(4) Any ordinance adopted pursuant to G.S. 160A-199, Regulation of outdoor
advertising or, its successor, G.S. 160D-912, Outdoor advertising_
Any ordinance adopted pursuant to G.S. 160A-201, Limitations on regulating
solar collectors or, its successor, G.S. 16013-914, Solar collectors.
(66,) Any ordinance adopted pursuant to G.S. 160A-202, Limitations on regulating
cisterns and rain barrels.
(77,) Any ordinance adopted pursuant to G.S. 160A-304, Regulation of taxis.
Any ordinance adopted pursuant to G.S. 160A-306, Building setback lines.
(99,) Any ordinance adopted pursuant to G.S. 160A-307, Curb cut regulations.
10 Any ordinance regulatingtrees.
rees.
11 SECTION 13.(c) G.S. 14-4 reads as rewritten:
"§ 14-4. Violation of local ordinances misdemeanor.
(a) Except as provided in subsection (b)—, (b) or Cclof this section, if any person shall
violate an ordinance of a county, city, town, or metropolitan sewerage district created under
Article 5 of Chapter 162A, he shall be guilty of a Class 3 misdemeanor and shall be fined not
more than five hundred dollars ($500.00). No fine shall exceed fifty dollars ($50.00) unless the
ordinance expressly states that the maximum fine is greater than fifty dollars ($50.00).
(b) If any person shall violate an ordinance of a county, city, or town regulating the
operation or parking of vehicles,he shall be responsible for an infraction and shall be required to
pay a penalty of not more than fifty dollars ($50.00).
U A person may not be found responsible or guilty of a local ordinance violation
punishable pursuant to subsection (a) of this section if, when tried for that violation, the person
produces proof of compliance with the local ordinance through any of the following_:
(11,) No new alleged violations of the local ordinance within 30 days from the date
of the initial alleged violation.
Page 12 Session Law 2021-138 Senate Bill 300
50
SECTION 22.(a) If any provision of this act or its application is held invalid, the
invalidity does not affect other provisions or applications of this act that can be given effect
without the invalid provisions or application, and to this end the provisions of this act are
severable.
SECTION 22.(b) Prosecutions for offenses committed before the effective date of
this act are not abated or affected by this act, and the statutes that would be applicable but for
this act remain applicable to those prosecutions.
SECTION 22.(c) Except as otherwise provided,this act is effective when it becomes
law.
In the General Assembly read three times and ratified this the 25th day of August,
2021.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 2:47 p.m. this 2nd day of September, 2021
Senate Bill 300 Session Law 2021-138 Page 29
51
DRAFT
1
2 Attachment 2:��]
3
4 SUMMARY NOTES
5 ORANGE COUNTY PLANNING BOARD
6 NOVEMBER 3,2021
7 ORDINANCE REVIEW COMMITTEE
8
9 NOTE: A quorum is not required for Planning Board Ordinance Review Committee meetings or Training Sessions.
10
11 Due to current public health concerns, the ORC meeting/training session was virtual. Members of the Planning Board and staff
12 participated in the meeting remotely.
13
14 MEMBERS PRESENT: David Blankfard (Chair), Hillsborough Township Representative;Adam Beeman (Vice-Chair), Cedar
15 Grove Township Representative; Lamar Proctor, Cheeks Township Representative; Kim Piracci, Eno Township
16 Representative; Carrie Fletcher, Bingham Township Representative; Statler Gilfillen,At-Large Representative;
17 Randy Marshall,At-Large Representative; Susan Hunter, Chapel Hill Township Representative;Whitney Watson,At-Large
18 Representative; Melissa Poole, Little River Township Representative; Charity Kirk,At-Large Representative;
19
20 STAFF PRESENT: Perdlta Holtz, Planning Systems Coordinator; Michael Harvey, Current Planning Supervisor;
21 Ashley Moncado, Planner II; Tina Love,Administrative Support
22
23 AGENDA ITEM 1: CALL TO ORDER
24
25 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS — DECRIMINALIZATION OF ORDINANCE
26 VIOLATIONS-To review proposed LIDO amendments in response to Session Law 2021-138 (Senate Bill
27 300) which decriminalized violations of certain types of ordinances, including ordinance regulating
28 planning and development.
29 PRESENTER: Michael Harvey, Current Planning Supervisor
30
31 Michael Harvey gave the Planning Board members background and information regarding the need to amend the UDO in
32 response to legislative changes regarding decriminalization of violations as it related to some planning and development land
33 use regulations and answered questions.
34
35 Charity Kirk: We have to do this because the state has made a law change,we don't really have a choice.
36
37 Michael Harvey: Correct, state law now says you can no longer do this(i.e. impose criminal penalties)to enforce a land use
38 regulation. We're engaging in an ordinance amendment to make sure we are consistent with state law.
39
40 Lamar Proctor: You are still permitted to seek criminal charges for some violations, right?
41
42 Michael Harvey: Correct,we still have legal authority to seek a criminal charge for a violation of erosion control and flood plain
43 regulations.
44
45 Statler Gilfillen: This is mostly procedural and you've not had experiences in the past where you've ever had to formally file a
46 criminal charge.
47
48 Michael Harvey: Correct, in 25 years as a planner and being an enforcement officer, I have never filed a criminal charge for
49 violation of land use regulations.
50
51 Statler Gilfillen: As an extreme hypothetical, if someone had 100 acres and decided to bring in truckloads of nuclear waste and
52 dump it in the middle of the property and they do it consciously and willfully,where does something like that fall?
53
1
52
DRAFT
54 Michael Harvey: We would seek an order of cessation and abatement through the court system. We could not seek criminal
55 charges any longer. The federal or state governments may be able to seek some sort of criminal redress but we cannot.
56
57 Perdita Holtz: The LIDO deals with land use issues and there are other laws that apply to nuclear waste being dumped so 1
58 don't want people to go away thinking this is the only way for recourse.
59
60 Lamar Proctor: As a prosecutor of Orange County for 13 years, I have only had one case referred to me and that was by the
61 Carrboro Planning Department. The criminal court is really poorly equipped to deal with these sorts of cases that deal with
62 injunctions and civil penalties. You are much better off seeking injunctive relief and civil relief. If there's an environmental
63 problem or violation that gets to the level of state statutes,then the State Department of Environment Quality will jump in,the
64 AG's office and I have dealt with that. I had a case once with illegal sewage that was going into a stream. If it gets to a certain
65 level,state authorities would jump in.
66
67 Carrie Fletcher: What initiated this?
68
69 Michael Harvey: I wish I could tell you. I'm sure that local district attorneys did not want to deal with some of the idiosyncrasies
70 of a land use issue through a criminal proceeding. The burden of proof becomes more difficult for criminal proceedings versus
71 seeking an injunction or getting payment for civil penalty. It's probably an attempt to try to guarantee a more effective use of
72 the court's time. This only impacts the methods available with respect to the enforcement of local land use regulations.
73
74 Kim Piracci: Mine is more of a comment than a question. I actually feel better that Lamar feels ok with this because if he didn't
75 feel ok with it I would really feel not ok with it. In my mind there's what's legal and there's what's moral and ethical. Just
76 because the state is saying this, I can imagine a situation where there is a land use violation and it's pretty extreme and this
77 person doesn't care because nothing is really going to happen. Financially, he or she is going to come out ahead by breaking
78 the law so even though we have to do this, I'm going to vote no. I feel like this is a tool that might come in handy sometime
79 somewhere. I'm not trying to convince anybody else that they have to vote my way, I'm not getting it.
80
81 Michael Harvey: I respect your opinion. Unfortunately,this is not something that we're going to have the authority under state
82 law to pursue. I'm not saying that you are not entitled to your opinion and I'm certainly not saying you are wrong in an attempt
83 to diminish the value of your opinion. What I am saying is that the law no longer gives me this as a viable option to address an
84 identified violation of a local land use law. This is what I've been asked to do, state law no longer gives me the authority to do it
85 so we are eliminating it because state law has taken it out of our toolbox.
86
87 Kim Piracci: Right, and it doesn't matter how we vote the County Commissioners are going to do what they need to do
88 anyway.
89
90 Michael Harvey: Where we have violations that transcend land use issues,we've always had willing partnerships at the state
91 level to assist us and we not only involve state offices but also Orange County Solid Waste. I think that we have enough
92 arrows in the quiver to address the problem and effectively guarantee compliance. Yes, there's a component of the
93 enforcement strategy being eliminated, I don't think it's that effective.
94
95 Lamar Proctor: I do think that the State Legislature seems to have streamlined things for developers to make things easier for
96 economic development and I think part of that is because developers and lobbyist didn't want to be subject to criminal penalties
97 if something goes sideways on a land use thing. It could be an attempt to remove any threat for criminal prosecution. I do
98 understand Kim's point. Removing criminal penalties for egregious land use violations feels wrong but I agree with Michael
99 that most DA offices don't want to deal with those sort of cases. This doesn't strike me as giving away the environment.
100
101
102 AGENDA ITEM 4: ADJOURNMENT
103 The ORC session was adjourned at 8:04 p.m.
104
2
53
Attachment 3
STATEMENT OF APPROVAL AND CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH ADOPTED ORANGE COUNTY PLANS
Orange County has initiated amendments to the Unified Development Ordinance (UDO)
eliminating existing language allowing staff to seek criminal penalties for violations of certain land use
regulations in accordance with recent changes in State law.
The Planning Board hereby recommends approval of the proposed text amendment and
finds:
a. The requirements of Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments of the UDO have been deemed complete; and,
b. Pursuant to Sections:
■ 1.1.5 Statement of Intent -Amendments, and
■ 1.1.7 Conformance with Adopted Plans
of the UDO and to Section 160D-604(d) Planning Board review and comment — Plan
Consistency and 160D-605(a) Governing Board Statement — Plan Consistency of the
North Carolina General Statutes, the Board finds sufficient documentation within the
record denoting that the amendment is consistent with the adopted 2030
Comprehensive Plan.
1. The amendment is consistent with applicable plans because it supports the
following:
• Land Use Goal 6 of the 2030 Comprehensive Plan — A land use planning
process that is transparent, fair, open, efficient, and responsive.
The amendment is consistent with this goal and objective by
ensuring County regulations are consistent with recent changes in
State law related to the decriminalization of certain types of
ordinances. By adopting the amendment, the County will be
operating in accordance with the authority granted to it by the State.
c. The amendment is reasonable and in the public interest because it:
1. Ensures the legal sufficiency of County regulations with State law.
The Planning Board hereby adopts this Statement of Approval and Consistency as well as the
findings expressed herein.
David Blankfard, Chair Date
54
Attachment 4
UDO AMENDMENT PACKET NOTES:
The following pages contain UDO amendments eliminating existing language within
Section 9.6.5 allowing staff to seek criminal penalties for violations of certain land use
regulations in accordance with recent changes in State law.
Within this amendment package:
• Red Underlined Text: Denotes new, proposed text that staff is suggesting
be added to the UDO
• Red Strikethrough Text: Denotes existing text that staff is proposing to
delete
Only those pages of the UDO impacted by the proposed modifications have been
included within this packet. Some text on the following pages has a large "X" through it
to denote that these sections are not part of the amendments under consideration. The
text is shown only because in the full UDO it is on the same page as text proposed for
amendment or footnotes from previous sections `spill over' onto the included page. Text
with a large "X" is not proposed for deletion.
Please note that the page numbers in this amendment packet may or may not
necessarily correspond to the page numbers in the adopted UDO because adding text
may shift all of the text/sections downward.
Users are reminded that these excerpts are part of a much larger document (the UDO)
that regulates land use and development in Orange County. The full UDO is available
online at:
http://www.orangecountync.gov/DocumentCenter/View/8305/Unified-
Development-Ordinance-PDF
Article 9: Enforcement 55
Section 9.5: Enforcement Procedure
If the violation has been corrected, the Planning Director shall take no further action
against the alleged violator. If the violation has not been corrected, the Planning Director
may act to impose one or more of the remedies and penalties specified in the notice of
violation, correction order, or Stop Work Order.
(F) If delay in correcting a violation would seriously threaten the effective enforcement of this
Ordinance or pose a danger to the public health, safety, or welfare, the Planning Director
may seek immediate enforcement without prior written notice through any of the
remedies or penalties detailed herein.
9.5.6 Final Notice of Violation and/or Correction Order
(A) The Planning Director's final written notice of violation (which may be the initial notice)
shall also order correction of the violation, If the identified violation is not corrected within
the timeframe stated in the Initial Notice of Violation or the decision is not appealed to the
Board of Adjustment within the specified timeframes identified in the Initial Notice, a final
written notice of violation shall be issued ordering the correction of the violation. This
final notice shall:
(1) Specify a reasonable time period in which the violation must be corrected, and
(2) State the remedies and penalties authorized within this Ordinance that the
Planning Director may pursue if the violation is not corrected within the specified
time limit.
(B) The final written notice of violation shall be served upon the responsible person(s), either
in person, posting the notice at the property in violation, or by certified or registered mail,
return receipt requested. When service is made by certified mail, a copy of the notice
shall also be sent by regular mail. Service shall be deemed sufficient if the notice by
certified mail is unclaimed or refused, but the notice by regular mail is not returned by the
post office within ten days after mailing, provided that a final notice of violation is posted
in a conspicuous place on the premises affected.
(C) A notice is also not required where action is taken under 9.6.2, 9.6.3, and/or 9.6.65.1
9.5.7 Recurring Violations
A new initial notice of violation is not required where a notice of a violation of the same kind has
been issued to the same violator at the same property within the previous two years. In such
cases, the violator may be charged with a continuing violation without further notice, as provided
in this Section.
9.5.8 Performance Standards
(A) Planning Director Determination
Where the Planning Director determines that there is a violation of performance
standards relating to emission of smoke, odor and explosive hazards influence, he/she
shall take or cause to be taken lawful action to cause correction to within the limits set by
such performance standards. Failure to obey lawful orders concerning such correction
shall be punishable as provided herein.
(B) Technical Determinations
If the Planning Director believes there is a violation but is unable to make a final
determination due to insufficient evidence, the following procedures shall apply:
1 The section number referenced is changing. The amendment is intended to reference this change.
Orange County, North Carolina—Unified Development Ordinance Page 9-4
Article 9: Enforcement 56
Section 9.6: Penalties, Remedies, and Enforcement Powers
(1) The Planning Director shall give written notice, by certified mail, to the person or
persons responsible for the alleged violation. The notice shall describe the
particulars of the alleged violation and the reasons why the Planning Director
believes there is a violation, and shall require an answer or correction of the
alleged violation within a specified time limit. The notice shall state, and it is
hereby declared, that failure to reply or to correct the alleged violation within the
specified time limit set constitutes admission of violation of the terms of this
Ordinance.
The notice shall further state that upon request of those to whom it is directed,
technical determinations as described in this Ordinance will be made, and that if
violations as alleged are found, costs of such determinations shall be charged
against those responsible for the violation, in addition to such other penalties as
may be appropriate. If it is determined that no violations exist, the cost of the
determination will be paid by the County.
(2) If there is no reply within the specified time limit, and the alleged violation is
corrected, it shall be noted, "violation corrected"on the copy of the notice, and
shall be retained among the official records, taking such other action as may be
warranted.
(3) If there is no reply within the specified time limit, thus establishing admission of
violation(s) as provided within (1) above and the alleged violation is not corrected
within the specified time limit, action shall be taken as is warranted by
continuation of a violation after notice to cease.
(4) If a reply is received within the specified time limit indicating that the alleged
violation will be corrected, but additional time is requested, the Planning Director
may grant an extension, if it is deemed warranted in the circumstances of the
case and if the extension will not cause imminent peril to life, health or property.
(5) If reply is received within the specified time limit requesting technical
determinations, as provided in this Ordinance, and if the alleged violations
continue, the Planning Director may call in properly qualified experts to make the
determinations. If expert findings indicate violations of the performance
standards, the costs of the determinations shall be assessed against the
properties or persons responsible for the violation, in addition to such other
penalties as may be appropriate under the terms of this Article. If no violation is
found, the costs of the determinations shall be paid by the County, without
assessment against the properties or persons involved.
9.5.9 Failure to Comply
If a violator does not comply with a notice of violation, correction order, or Stop Work Order,
which has not been appealed, or with a final decision of the Board of Adjustment, the violator
shall be subject to enforcement action as prescribed by State law or by this Ordinance.
• am am - •
9.6.1 In General
(A) The Planning Director may pursue one or more of the remedies and penalties described
herein or otherwise authorized by common law or statute to prevent, correct, or abate a
violation of this Ordinance.
(B) Use of one of the authorized remedies and penalties does not preclude the use of any
other authorized remedies or penalties, nor does it relieve any party to the imposition of
one remedy or penalty from imposition of any other authorized remedies or penalties.
9.6.2 Permit Revocation
(A) In accord with the provisions of this Ordinance, the Planning Director, upon a written
determination, may revoke any permit, certificate, or other authorization granted under
Orange County, North Carolina—Unified Development Ordinance Page 9-5
Article 9: Enforcement 57
Section 9.6: Penalties, Remedies, and Enforcement Powers
this Ordinance for failure to comply with the provisions of this Ordinance or the terms and
conditions of a permit or authorization granted under this Ordinance.
(1) Revocation of any permit or authorization shall follow the same development
review and approval process required for issuance of the development approval,
including any required notice or hearing.
(B) Any permit, certificate, or authorization mistakenly issued in violation of State law or local
ordinance, or issued on the basis of misrepresentations by the applicant, owner, or
owner's agent may be revoked without such written determination.
9.6.3 Permit Denial or Conditioning
(A) As long as a violation of this Ordinance remains uncorrected, the Planning Director may
deny or withhold approval of any permit, certificate, or other authorization provided for in
this Ordinance that is sought for the property on which the violation occurs.
(B) The Planning Director may also condition a permit, certificate, or authorization on the
correction of the violation and/or payment of a civil penalty, and/or posting of a
compliance security.
9.6.4 Injunctive and Abatement Relief in Superior Court
(A) A violation may be corrected by any appropriate equitable remedy, a mandatory or
prohibitory injunction, or an order of abatement as authorized by NCGS 153A-123.
(B) The Planning Director shall have the authority to execute an order of abatement if the
violator does not comply with such order, and the costs of the execution shall be
recovered by a lien on the property in the nature of a mechanic's or materialman's lien.
9.6.5 Criminal Penalties
(A) Any person, firm or Gorporatien who violates the provisions of this OrdinanGe or fails to
Gomply with any ef its requirements shall, upen GonviGtion, be guilty of a Gla
misdemeanor and shall be fiRed Ret mere thaR a maximum ef$500.00, OMPFOSGRMeRt G
criminal n GUtien of the alleged vielater. 2
9-69.6.5 Stop Work Order
(A) If a building or structure is erected, constructed, reconstructed, altered, repaired,
converted, moved or maintained, or any building, structure or land is used in violation of a
Stop Work Order, the Planning Director, in addition to other remedies, may institute any
appropriate action or proceedings to prevent the unlawful erection, construction,
reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain,
correct or abate the violation, to prevent occupancy of the building, structure or lands, or
to prevent any illegal act, conduct, business or use in or about the premises.
(B) Notice of a Stop Work Order shall be in writing, directed to the person(s)conducting the
violating activity and/or the property owner, and shall state the reasons for the issuance
of the Order, and the conditions under which activity may be resumed. Notice shall be
given by registered or certified mail, return receipt requested. A copy of the notice shall
also be sent by regular mail. Service shall be deemed sufficient if the notice by certified
mail is unclaimed or refused, but the notice by regular mail is not returned by the post
office within ten days after mailing. Upon issuance of such Order, and posting of same
on the site of the violation, all work on the site of the violation shall cease, except those
activities necessary to bring the site into compliance with this Ordinance.
2 Recent changes in State law,specifically Session Law 2021-138,decriminalizes certain ordinances including land
use regulations. As a result,a violation of County land use regulations is no longer considered to be a criminal
offence. Accordingly,staff is required to modify our existing regulations to address the changes in State law.
Orange County, North Carolina—Unified Development Ordinance Page 9-6
Article 9: Enforcement 58
Section 9.6: Penalties, Remedies, and Enforcement Powers
(C) The person(s)conducting the violating activity and/or the property owner may appeal the
Stop Work Order to the Board of Adjustment pursuant to Section 2.27 of this Ordinance.
9.6.79.6.6 Civil Penalty
(A) The Planning Director may impose one or more civil penalties and issue one or more
Civil Penalty Citations for a violation as provided in this subsection. If the violator does
not pay the penalty, the Planning Director may collect it in a court through a civil action in
the nature of a debt.
(B) Notice
The Planning Director shall give the responsible person(s) and the landowner, if the
landowner is not the responsible person(s), written notice of the civil penalty citation,
either by personal delivery, electronic delivery, or first class mail. The notice shall include
a copy of the notice of violation, the amount of the penalty, information about where to
pay the penalty, the deadline for payment, which shall be ten days from the date of the
notice, and the possibility of civil enforcement. The Planning Director
shall certify that the notice was provided. s
(C) Penalty Amount
The Planning Director may impose a penalty of$500.00 per day of violation.
(1) For purposes of assessing the amount of a civil penalty, each day the violation
remains uncorrected after receipt of the final notice of violation, correction order,
Stop Work Order, or the receipt of the Civil Penalty Citation itself in the case of
emergency enforcement, shall constitute a separate violation that subjects the
violator to additional civil penalties.
(D) Settlement of Claims
The Planning Director is authorized to determine the amount of payment that will be
accepted in full and final settlement of some or all of the claims the governing body may
have in connection with the violation. The Planning Director shall indicate in writing the
claims from which the violator is released. If the violation has not been remedied,
payment shall not release a violator from potential Griminal preseGutie er a claim for
injunctive relief and/or an order of abatement._'
(E) Continuing Violations
(1) The Planning Director may issue a Civil Penalty Citation for a violation that
continues without being corrected. The violator in such cases may be assessed
a penalty for each day of the continuing violation.
(2) An initial Civil Penalty Citation for a single violation must be issued before a Civil
Penalty Citation for a continuing violation is issued.
(3) If the violator has failed to pay the penalty and correct the violation after the initial
Civil Penalty Citation, the violator is subject to a Civil Penalty Citation for a
continuing violation with a daily penalty.
(4) An initial Civil Penalty Citation is not required if the Department has previously
issued a Civil Penalty Citation to the violator for the same violation at the same
location within the previous two years.
(5) The Planning Director may give a single notice of a Civil Penalty Citation for a
continuing violation. The notice must contain a copy of the notice of violation and
must state that the violation is continuing, that a daily penalty of a specified
amount is being imposed, and that the penalty is cumulative.
(F) Judicial Action to Collect Civil Penalty
3 As land use regulations are no longer criminal matters,staff is eliminating language indicating same.
'IBID.
Orange County, North Carolina—Unified Development Ordinance Page 9-7
59
ORANGE COUNTY
PLANNING BOARD
AGENDA ITEM ABSTRACT
Meeting Date: December 1, 2021
Action Agenda
Item No. 8
SUBJECT: Planning Board Annual Report/Work Plan
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT: (919)
Annual Report / Work Plan Form Craig Benedict, 245-2592
Perdita Holtz, 245-2578
PURPOSE: To provide an annual report and work plan input to the Board of County
Commissioners (BOCC).
BACKGROUND: Each year the County Clerk's Office collects information from each of the
County's advisory boards to prepare a report for an early spring BOCC work session. The
annual report informs the BOCC of the past year's activities of advisory boards/commissions, as
well as proposed activities for the upcoming year.
Staff and advisory boards are asked to collaborate to complete the form that has been provided
by the Clerk's Office and return by January 14. Proposed activities are to be consistent with the
goals of the BOCC.
The attached Annual Report / Work Plan form has been completed by staff for Planning Board
review and comment. Some topics of prime interest include:
1. 2030 Comprehensive Plan Review and Report, Including Presentation of 2020 Census
data and County snapshots Buckhorn Area Growth Strategy Study
2. Several identified amendments to the Unified Development Ordinance (UDO)
3. Affordable and Senior Housing
These topics are accented on pages 3 and 4 of the attachment.
The Planning Board is involved with approximately 40 - 60% of the work Planning Department
staff is responsible for (the percentage varies by year, depending on specific work being
completed in a given year). For the upcoming year, Planning staff will be working and
collaborating on some items for which other advisory boards have primary responsibility.
Examples of these tasks are transportation planning and economic development issues (not
related to the UDO) in partnership with the Economic Development Department. Some work
items the Planning staff is responsible for do not go to an advisory board for a recommendation
(for example, water and sewer engineering, creation and implementation of a fiscal impact
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model, and the annual report related to the Schools Adequate Public Facilities ordinance
[SAPFO]).
RECOMMENDATION(S): The Planning Director recommends the Planning Board:
1. Review the attached document prior to the meeting.
2. Discuss members' ideas about any additional activities to be worked on in 2022 or
any additional issues to be brought to the attention of the BOCC.
3. Either:
a. Approve the attached Annual Report and Work Plan Form, or
b. Ask staff to incorporate the results of any discussion into the Annual Report /
Work Plan form and submit the form to the Clerk's office, or
c. Ask staff to incorporate the results of any discussion into the Annual Report /
Work Plan form bring the final form back to the January 5, 2022 meeting in
order to meet the January 14 due date.
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NAME OF BOARD/COMMISSION: Planning Board
Report Period: 2021 calendar year for annual report; 2022 calendar year for work plan
ORANGE COUNTY ADVISORY BOARDS AND COMMISSIONS
ANNUAL REPORT/ WORK PLAN FOR THE COUNTY COMMISSIONERS
The Board of Commissioners appreciates the dedication of all the volunteers on their
boards and commissions and welcomes input from various advisory boards and
commissions throughout the year. Please complete the following information, limited to
the front and back of this form. Other background materials may be provided as a
supplement to, but not as a substitute for, this form.
Board/Commission Name: Planning Board
Person to address the BOCC and contact information: David Blankfard, Chair, (919)
259-9671, blankfard(cDhotmail.corr, (Note: the Planning Board elects a Chair and
Vice-Chair every January; if the Chair changes in January 2022, the 2022 Chair would
be the presenter)
Primary County Staff Contact: Craig Benedict, Planning Director; secondary contact:
Perdita Holtz, Planner III (Planning Systems Coordinator)
How many times per month does this board/commission meet, including any special
meetings and sub-committee meetings? Generally once per month for a regular
meeting + optional Ordinance Review Committee (ORC) or training session (ORC
or training sessions occur on the same evening as the regular meeting several
times a year). All meetings in 2021 were conducted via Zoom.
Brief Statement of Board/Commission's Assigned Charge and Responsibilities.
Under the authority of NC General Statute, the BOCC created the Planning Board
to embark upon a continuing planning program, including but not limited to the
preparation and maintenance of a Comprehensive Plan for Orange County, in
protection of the public health, safety, and general welfare of present and future
residents and businesses, landowners and visitors. The duties of the Planning
Board are listed in Section 1.6.3 of the Unified Development Ordinance.
What are your Board/Commission's most important accomplishments?
In 2021, the Planning Board accomplished the following:
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• Reviewed and made a recommendation on a REDA conditional district
application for Rougemont Storage.
• Reviewed and made a recommendation on UDO Text Amendments
pertaining to new state statute "1601)"
• Reviewed and made a recommendation on an applicant-initiated request to
amend the Future Land Use Map and Zoning Atlas on 2.72 acres on NC
Highway 86, south of the Town of Hillsborough.
• Reviewed a major Subdivision Concept Plan for Pyewacket subdivision and
provided comments to the applicant. (Note: the application was later
withdrawn before proceeding further in the review process).
• Reviewed and made a recommendation of Future Land Use Map and
Zoning Atlas amendments in the Eno EDD.
• Reviewed and made a recommendation on UDO text amendments
regarding the decriminalization of land use ordinance violations.
• Completed several training sessions offered by Planning staff.
List of Specific Tasks, Events, or Functions Performed or Sponsored Annually.
• Monthly Planning Board meetings
• Ordinance Review Committee (ORC) meetings and special meetings as
required
• Review applications for Unified Development Ordinance text amendments,
Zoning Atlas amendments, and major subdivisions, and provide
recommendations to the BOCC
• Develop and recommend policies, ordinances, administrative procedures and
other means for carrying out plans
• Coordinate with staff on ongoing planning updates, changes, and new
techniques
Describe this board/commission's activities/accomplishments in carrying out BOCC
goal(s)/priorities, if applicable.
The Planning Board is involved in the ongoing implementation of the 2030
Comprehensive Plan and any potential regulatory revisions resulting from
updates to BOCC priorities.
Describe the collaboration relationship(s) this particular board has with other advisory
boards and commissions?
In 2021, there was not direct collaboration with other advisory boards (e.g., joint
meetings) due to constraints imposed by COVID-19. However, at some point in
the near-term, there will need to be an evaluation of available Census 2020 and
perhaps an appraisal report of the Orange County 2030 Comprehensive Plan,
which was adopted in 2008. This work would likely involve multiple departments
and advisory boards.
2
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Going forward, the Planning Board suggests a larger role in working jointly with
other relevant advisory boards on collaborative issues.
Identify any activities this board/commission expects to carry out in 2022 as they relate
to established BOCC goals and priorities. If applicable, is there a fiscal impact (i.e.,
funding, staff time, other resources) associated with these proposed activities (please
list).
The Board will continue its work in partnership with staff to further BOCC
priorities, some of which may emerge at the January 2022 BOCC retreat (not in
priority order):
1. 2030 Comprehensive Plan Review and Report, Including Presentation of 2020
Census data and County snapshots: Staff anticipates reviewing and presenting
the available 2020 Census data in 2022 to help inform staff recommendations or
options for the scope and any budget implications of a potential Comprehensive
Plan Update.
2. Community Outreach: Develop a "Planning 101" public outreach program to
endeavor to educate the public regarding land use planning and zoning, particularly
in/near areas of the county designated for growth.
3. Affordable and Senior Housing, including Co-Housing: On-going need for
affordable housing opportunities, including mobile home parks and senior housing,
in the county. Continue to work with the Housing and Community Development
Department on the Affordable Housing Strategic Plan and develop any necessary
regulatory amendments that will further the plan.
4. Zoning Atlas Amendment — Lower Eno Protected Watershed Protection
Overlay District: Zoning Atlas amendments are necessary to address the City of
Durham's relocation of a public water intake. The amendments are anticipated in
2022.
5. Planning Board Processes: Discuss, and refine if determined appropriate, the
process the Planning Board uses to propose/add conditions to conditional zoning
district reviews during a meeting.
6. UDO Amendments Related to Stormwater: Staff has identified necessary
amendments to the UDO regarding stormwater issues and plans to bring forward
amendments in 2022.
7. UDO Amendments Related to Signage: As a result of recent court decisions, Staff
has determined amendments are necessary to the UDO regarding signage and
plans to bring forward amendments in 2022.
8. UDO Amendments Related to Private Roads: Staff has identified amendments to
the UDO to update out-of-date development requirements for private roads and
plans to bring forward amendments in 2022.
9. Continue Training for Planning Board Members: Planning staff will continue to
offer training to Planning Board members on an as-needed basis. Suggestions on
additional topics for training are welcome.
10.Legislative Changes: Amend regulations as necessary in response to legislative
changes at the State level.
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11.Analysis of and Revisions to the Economic Development Zoning Districts and
Regulations: In support of economic development efforts, staff is currently working
on an analysis on how to best revise the existing economic development zoning
districts to streamline the numerous districts into fewer districts that would apply to
all three economic development districts (EDDs).
12.Water and Sewer Management, Planning, and Boundary Agreement Map
Amendments / Reconciliation of Future Land Use Map (FLUM)/Zoning Lines:
Work with WASMPBA partners to bring forward amendments to reconcile
discrepancies in the WASMPBA "Primary Service Area," County Future Land Use
Map (FLUM)/Zoning lines, and any discrepancies on similar municipal maps.
13.2022 BOCC Retreat: Any priorities that emerge at the January 2022 BOCC retreat.
What are the concerns or emerging issues your board has identified for the upcoming
year that it plans to address, or wishes to bring to the Commissioners' attention?
1. Wireless and Broadband Access: Wireless and broadband access continues to
be a challenge in many portions of Orange County.
2. Climate Change: Encourage builders to take into account long-term changes; for
example: encourage building locations well beyond the 100-year floodplain to
account for possible increases in flooded areas. Encourage better building
standards to withstand stronger storms.
3. Energy: Continue to allow solar arrays in appropriate areas, perhaps performing a
reanalysis of Iocational criteria. Revisit energy information in the County's
Comprehensive Plan to expand information on the variety of energy types (DEAPR
is the lead Department on this Element of the Comprehensive Plan).
4. Watershed Review and Implications of County vs. State Watershed
Delineations: Review the County and State watershed delineation lines and the
implications of current differences. Modify rules if determined. Include as adjunct
regulations, storm water standards.
5. Rural Enterprises: Determine need to address innovative water & sewage disposal
issues in the Rural Activity Nodes to encourage development in these nodes.
Evaluate non-residential acreage thresholds and determine if changes are
necessary.
6. Transportation Issues: Continue to evaluate the need for better public transit in
rural areas, including senior citizen mobility, transit dependent and commuter
populations. Determine if rural "transit oriented development" could be hubs of
transit located in the rural community nodes. Accent focus on transit dependent
populations and their connection to other transit infrastructure.
7. Long-Term Planning for Potable Water and Waste Disposal: Planning for
potable water and waste (wastewater and solid waste) should continue to be a topic
for study (i.e., supportive infrastructure analysis) and discussion as growth in Orange
County continues.
8. Post-COVID Needs: Evaluate planning-related changes that emerge post-COVID
and respond appropriately.
4