§ 153A-302. Definition of service districts.
§ 153A‑302. Definition of service districts.
(a) Standards. In determining whether to establish a proposedservice district, the board of commissioners shall consider all of thefollowing:
(1) The resident or seasonal population and population density ofthe proposed district.
(2) The appraised value of property subject to taxation in theproposed district.
(3) The present tax rates of the county and any cities orspecial districts in which the district or any portion thereof is located.
(4) The ability of the proposed district to sustain theadditional taxes necessary to provide the services planned for the district.
(5) If it is proposed to furnish water, sewer, or solid wastecollection services in the district, the probable net revenues of the projectsto be financed and the extent to which the services will be self‑supporting.
(6) Any other matters that the commissioners believe to have abearing on whether the district should be established.
(a1) Findings. The board of commissioners may establish aservice district if, upon the information and evidence it receives, the boardfinds that all of the following apply:
(1) There is a demonstrable need for providing in the districtone or more of the services listed in G.S. 153A‑301.
(2) It is impossible or impracticable to provide those serviceson a countywide basis.
(3) It is economically feasible to provide the proposed servicesin the district without unreasonable or burdensome annual tax levies.
(4) There is a demonstrable demand for the proposed services bypersons residing in the district.
Territory lying within the corporate limits of a city or sanitarydistrict may not be included unless the governing body of the city or sanitarydistrict agrees by resolution to such inclusion.
(b) Report. Before the public hearing required by subsection(c), the board of commissioners shall cause to be prepared a report containing:
(1) A map of the proposed district, showing its proposedboundaries;
(2) A statement showing that the proposed district meets the standardsset out in subsection (a); and
(3) A plan for providing one or more of the services listed inG.S. 153A‑301 to the district.
The report shall be available for public inspection in the office ofthe clerk to the board for at least four weeks before the date of the publichearing.
(c) Hearing and Notice. The board of commissioners shall holda public hearing before adopting any resolution defining a new service districtunder this section. Notice of the hearing shall state the date, hour, and placeof the hearing and its subject, and shall include a map of the proposeddistrict and a statement that the report required by subsection (b) isavailable for public inspection in the office of the clerk to the board. Thenotice shall be published at least once not less than one week before the dateof the hearing. In addition, it shall be mailed at least four weeks before thedate of the hearing by any class of U.S. mail which is fully prepaid to theowners as shown by the county tax records as of the preceding January 1 (and atthe address shown thereon) of all property located within the proposeddistrict. The person designated by the board to mail the notice shall certifyto the board that the mailing has been completed and his certificate isconclusive in the absence of fraud.
(d) Effective Date. The resolution defining a service districtshall take effect at the beginning of a fiscal year commencing after itspassage, as determined by the board of commissioners.
(e) Exceptions For Countywide District. The followingrequirements do not apply to a board of commissioners that proposes to create alaw enforcement service district pursuant to G.S. 153A‑301(a)(10) thatcovers the entire unincorporated area of the county:
(1) The requirement that the district cannot be created unlessthe board makes the finding in subdivision (a1)(2) of this section.
(2) The requirement in subsection (c) of this section to notifyeach property owner by mail, if the board publishes a notice of its proposal toestablish the district, once a week for four successive weeks before the dateof the hearing required by that subsection.
(f) Exceptions for Article 24 District. The followingrequirements do not apply to a board of commissioners that proposes to create aservice district pursuant to G.S. 153A‑301(a)(11) that covers the entireunincorporated area of the county:
(1) The requirement that the district cannot be created unlessthe board makes the finding in subdivision (a1)(2) of this section.
(2) The requirement in subsection (c) of this section to notifyeach property owner by mail, if the board publishes a notice of its proposal toestablish the district, once a week for two successive weeks before the date ofthe hearing required by that subsection. (1973, c. 489, s. 1; c. 822, s. 2; 1981, c. 53, s. 1; 1995, c. 354, s.2; 2005‑433, s. 10(c).)