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