§ 153A-301. Purposes for which districts may be established.
§ 153A‑301. Purposesfor which districts may be established.
(a) The board ofcommissioners of any county may define any number of service districts in orderto finance, provide, or maintain for the districts one or more of the followingservices, facilities and functions in addition to or to a greater extent thanthose financed, provided or maintained for the entire county:
(1) Beach erosioncontrol and flood and hurricane protection works.
(2) Fire protection.
(3) Recreation.
(4) Sewage collectionand disposal systems of all types, including septic tank systems or other on‑sitecollection or disposal facilities or systems.
(5) Solid wastecollection and disposal systems.
(6) Water supply anddistribution systems.
(7) Ambulance andrescue.
(8) Watershed improvementprojects, including but not limited to watershed improvement projects asdefined in Chapter 139 of the General Statutes; drainage projects, includingbut not limited to the drainage projects provided for by Chapter 156 of theGeneral Statutes; and water resources development projects, including but notlimited to the federal water resources development projects provided for byArticle 21 of Chapter 143 of the General Statutes.
(9) Cemeteries.
(10) Law enforcement ifall of the following apply:
a. The population ofthe county is over 500,000 according to the most recent federal decennialcensus.
b. The county has aninterlocal agreement with a city in the county under which the city provideslaw enforcement services in the entire unincorporated area of the county.
c. Repealed by SessionLaws 2008‑134, s. 76 (c), effective July 28, 2008.
(11) Services permittedunder Article 24 of this Chapter if the district is subject to G.S. 153A‑472.1.
(b) The GeneralAssembly finds that coastal‑area counties have a special problem withlack of maintenance of platted rights‑of‑way, resulting in ungradedsand travelways deviating from the original rights‑of‑way andencroaching on private property, and such cartways exhibit poor drainage andare blocked by junk automobiles.
(c) To address theproblem described in subsection (b), the board of commissioners of any coastal‑areacounty as defined by G.S. 113A‑103(2) may define any number of servicedistricts in order to finance, provide, or maintain for the districts one ormore of the following services, facilities and functions in addition to or to agreater extent than those financed, provided or maintained for the entirecounty:
(1) Removal of junkautomobiles; and
(2) Street maintenance.
(d) The board ofcommissioners of a county that contains a protected mountain ridge, as definedby G.S. 113A‑206(6), may define any number of service districts, composedof subdivision lots within one or more contiguous subdivisions that are servedby common public roads, to finance for the district the maintenance of suchpublic roads that are either located in the district or provide access to someor all lots in the district from a State road, where some portion of thoseroads is not subject to compliance with the minimum standards of the Board ofTransportation set forth in G.S. 136‑102.6. The service district ordistricts created shall include only subdivision lots within the subdivision,and one or more additional contiguous subdivisions, where the property owners'association, whose purpose is to represent these subdivision lots, agrees to beincluded in the service district. For subdivision lots in an additionalcontiguous subdivision or for other adjacent or contiguous property to beannexed according to G.S. 153A‑303, the property owners' associationrepresenting the subdivision or property to be annexed must approve theannexation. For the purposes of this subsection: (i) "subdivisionlots" are defined as either separate tracts appearing of record upon arecorded plat, or other lots, building sites, or divisions of land for sale orbuilding development for residential purposes; and (ii) "publicroads" are defined as roads that are in actual open use as publicvehicular areas, or dedicated or offered for dedication to the public use as aroad, highway, street, or avenue, by a deed, grant, map, or plat, and that havebeen constructed and are in use by the public, but that are not currently beingmaintained by any public authority.
(e) The board ofcommissioners of a county that adjoins or contains a lake, river, or tributaryof a river or lake that has an identified noxious aquatic weed problem maydefine any number of noxious aquatic weed control service districts composed ofproperty that is contiguous to the water or that provides direct access to thewater through a shared, certified access site to the water. As used in thissubsection, the term "noxious aquatic weed" is any plant organismidentified by the Secretary of Environment and Natural Resources under G.S.113A‑222 or regulated as a plant pest by the Commissioner of Agricultureunder Article 36 of Chapter 106 of the General Statutes. (1973, c. 489, s. 1; c. 822,s. 2; c. 1375; 1979, c. 595, s. 1; c. 619, s. 6; 1983 (Reg. Sess., 1984), c.1078, s. 1; 1989, c. 620; 1993, c. 378, s. 1; 1995, c. 354, s. 1; c. 434, s. 1;1997‑456, s. 24; 2005‑433, s. 10(b); 2005‑440, s. 1; 2008‑134,s. 76(c).)