§ 120-166. Additional criteria; nearness to another municipality.
§ 120‑166. Additionalcriteria; nearness to another municipality.
(a) The Commission maynot make a positive recommendation if the proposed municipality is locatedwithin one mile of a municipality of 5,000 to 9,999, within three miles of amunicipality of 10,000 to 24,999, within four miles of a municipality of 25,000to 49,999, or within five miles of a municipality of 50,000 or over, accordingto the most recent decennial federal census, or according to the most recentannual estimate of the Office of State Budget and Management if themunicipality was incorporated since the return of that census. For purposes ofthis section, "municipality" means a city as defined by G.S. 160A‑1(2)or a county that has exercised its authority under Article 24 of Chapter 153Aof the General Statutes.
(b) Subsection (a) ofthis section does not apply in the case of proximity to a specific municipalityif:
(1) The proposedmunicipality is entirely on an island that the nearby city is not on;
(2) The proposedmunicipality is separated by a major river or other natural barrier from thenearby city, such that provision of municipal services by the nearby city tothe proposed municipality is infeasible or the cost is prohibitive, and theCommission shall adopt policies to implement this subdivision;
(3) The municipalitieswithin the distances described in subsection (a) of this section by resolutionexpress their approval of the incorporation; or
(4) An area of at leastfifty percent (50%) of the proposed municipality has petitioned for annexationto the nearby city under G.S. 160A‑31 within the previous 12 monthsbefore the incorporation petition is submitted to the Commission but theannexation petition was not approved. (1985 (Reg. Sess., 1986), c. 1003, s. 1; 1989 (Reg.Sess., 1990), c. 1024, s. 25; 1998‑150, s. 2; 2000‑140, s. 93.1(a);2001‑424, s. 12.2(b); 2005‑35, s. 2.)