§ 160A-35. Prerequisites to annexation; ability to serve; report and plans.
§ 160A‑35. Prerequisites to annexation; ability to serve; report and plans.
A municipality exercising authority under this Part shall make plansfor the extension of services to the area proposed to be annexed and shall,prior to the public hearing provided for in G.S. 160A‑37, prepare areport setting forth such plans to provide services to such area. The reportshall include:
(1) A map or maps of the municipality and adjacent territory toshow the following information:
a. The present and proposed boundaries of the municipality.
b. The proposed extensions of water mains and sewer outfalls toserve the annexed area, if such utilities are operated by the municipality. Thewater and sewer map must bear the seal of a registered professional engineer ora licensed surveyor.
(2) A statement showing that the area to be annexed meets therequirements of G.S. 160A‑36.
(3) A statement setting forth the plans of the municipality forextending to the area to be annexed each major municipal service performedwithin the municipality at the time of annexation. Specifically, such plansshall:
a. Provide for extending police protection, fire protection,solid waste collection and street maintenance services to the area to beannexed on the date of annexation on substantially the same basis and in thesame manner as such services are provided within the rest of the municipalityprior to annexation. A contract with a rural fire department to provide fireprotection shall be an acceptable method of providing fire protection. If awater distribution system is not available in the area to be annexed, the plansmust call for reasonably effective fire protection services until such time aswaterlines are made available in such area under existing municipal policiesfor the extension of waterlines. A contract with a private firm to providesolid waste collection services shall be an acceptable method of providingsolid waste collection services.
b. Provide for extension of water mains and sewer lines intothe area to be annexed so that property owners in the area to be annexed willbe able to secure public water and sewer services according to the policies ineffect in such municipality for extending water and sewer lines to individuallots or subdivisions. If the municipality must, at its own expense, extendwater and/or sewer mains into the area to be annexed before property owners inthe area can, according to municipal policies, make such connection to suchlines, then the plans must call for contracts to be let and construction to beginon such lines within one year following the effective date of annexation. Inareas where the installation of sewer is not economically feasible due to theunique topography of the area, the municipality may agree to provide septicsystem maintenance and repair service until such time as sewer service isprovided to properties similarly situated.
c. Set forth the method under which the municipality plans tofinance extension of services into the area to be annexed.
(4) A statement of the impact of the annexation on any ruralfire department providing service in the area to be annexed and a statement ofthe impact of the annexation on fire protection and fire insurance rates in thearea to be annexed, if the area where service is provided is in an insurancedistrict designated under G.S. 153A‑233, a rural fire protection districtunder Article 3A of Chapter 69 of the General Statutes, or a fire servicedistrict under Article 16 of Chapter 153A of the General Statutes. The ruralfire department shall make available to the city not later than 30 daysfollowing a written request from the city all information in its possession orcontrol, including but not limited to operational, financial and budgetaryinformation, necessary for preparation of a statement of impact. The rural firedepartment forfeits its rights under G.S. 160A‑37.1 and G.S. 160A‑37.2if it fails to make a good faith response within 45 days following receipt ofthe written request for information from the city, provided that the city'swritten request so states by specific reference to this section.
(5) A statement showing how the proposed annexation will affectthe city's finances and services, including city revenue change estimates. Thisstatement shall be delivered to the clerk of the board of county commissionersat least 30 days before the date of the public informational meeting on anyannexation under this Part. (1959, c. 1010, s. 3; 1973, c. 426, s. 74; 1983, c. 636, ss. 7.1, 16,18; 1985, c. 610, ss. 1, 5, 7; 1989, c. 598, s. 5; 1991, c. 25, s. 1; c. 761,s. 30; 1998‑150, s. 4.)