§ 160A-58.1. Petition for annexation; standards.
§ 160A‑58.1. Petitionfor annexation; standards.
(a) Upon receipt of avalid petition signed by all of the owners of real property in the areadescribed therein, a city may annex an area not contiguous to its primarycorporate limits when the area meets the standards set out in subsection (b) ofthis section. The petition need not be signed by the owners of real propertythat is wholly exempt from property taxation under the Constitution and laws ofNorth Carolina, nor by railroad companies, public utilities as defined in G.S.62‑3(23), or electric or telephone membership corporations.
(b) A noncontiguousarea proposed for annexation must meet all of the following standards:
(1) The nearest point onthe proposed satellite corporate limits must be not more than three miles fromthe primary corporate limits of the annexing city.
(2) No point on theproposed satellite corporate limits may be closer to the primary corporatelimits of another city than to the primary corporate limits of the annexingcity, except as set forth in subsection (b2) of this section.
(3) The area must be sosituated that the annexing city will be able to provide the same serviceswithin the proposed satellite corporate limits that it provides within itsprimary corporate limits.
(4) If the area proposedfor annexation, or any portion thereof, is a subdivision as defined in G.S.160A‑376, all of the subdivision must be included.
(5) The area within theproposed satellite corporate limits, when added to the area within all othersatellite corporate limits, may not exceed ten percent (10%) of the area withinthe primary corporate limits of the annexing city.
Thissubdivision does not apply to the Cities of Belmont, Claremont, Concord,Conover, Durham, Elizabeth City, Gastonia, Greenville, Hickory, Kannapolis,Locust, Marion, Mount Airy, Mount Holly, New Bern, Newton, Oxford, Randleman,Roanoke Rapids, Rockingham, Sanford, Salisbury, Southport, Statesville, andWashington and the Towns of Ahoskie, Angier, Apex, Ayden, Benson, Bladenboro,Bridgeton, Burgaw, Calabash, Catawba, Clayton, Columbia, Columbus, Cramerton,Creswell, Dallas, Dobson, Four Oaks, Fuquay‑Varina, Garner, Godwin,Granite Quarry, Green Level, Grimesland, Holly Ridge, Holly Springs,Huntersville, Jamestown, Kenansville, Kenly, Knightdale, Landis, Leland,Lillington, Louisburg, Maggie Valley, Maiden, Mayodan, Middlesex, Midland,Mocksville, Morrisville, Mount Pleasant, Nashville, Oak Island, Pembroke, PineLevel, Princeton, Ranlo, Richlands, Rolesville, Rutherfordton, Shallotte, Smithfield,Spencer, Stem, Stovall, Surf City, Swansboro, Taylorsville, Troutman, Troy,Wallace, Warsaw, Watha, Waynesville, Weldon, Wendell, Windsor, Yadkinville, andZebulon.
(b1) Repealed by SessionLaws 2004‑203, ss. 13(a) and 13(d), effective August 17, 2004.
(b2) A city may annex anoncontiguous area that does not meet the standard set out in subdivision(b)(2) of this section if the city has entered into an annexation agreementpursuant to Part 6 of this Article with the city to which a point on the proposedsatellite corporate limits is closer and the agreement states that the othercity will not annex the area but does not say that the annexing city will notannex the area. The annexing city shall comply with all other requirements ofthis section.
(c) The petition shallcontain the names, addresses, and signatures of all owners of real propertywithin the proposed satellite corporate limits (except owners not required tosign by subsection (a)), shall describe the area proposed for annexation by metesand bounds, and shall have attached thereto a map showing the area proposed forannexation with relation to the primary corporate limits of the annexing city.When there is any substantial question as to whether the area may be closer toanother city than to the annexing city, the map shall also show the areaproposed for annexation with relation to the primary corporate limits of theother city. The city council may prescribe the form of the petition.
(d) A city councilwhich receives a petition for annexation under this section may by ordinancerequire that the petitioners file a signed statement declaring whether or notvested rights with respect to the properties subject to the petition have beenestablished under G.S. 160A‑385.1 or G.S. 153A‑344.1. If thestatement declares that such rights have been established, the city may requirepetitioners to provide proof of such rights. A statement which declares that novested rights have been established under G.S. 160A‑385.1 or G.S. 153A‑344.1shall be binding on the landowner and any such vested rights shall beterminated. (1973,c. 1173, s. 2; 1989 (Reg. Sess., 1990), c. 996, s. 4; 1997‑2, s. 1; 2001‑37,s. 1; 2001‑72, s. 1; 2001‑438, s. 1; 2002‑121, s. 1; 2003‑30,s. 1; 2004‑203, s. 13(a), (c); 2004‑57, s. 1; 2004‑99, s. 1;2004‑203, ss. 13(a)‑(d); 2005‑52, s. 1; 2005‑71, s. 1;2005‑79, s. 1; 2005‑173, s. 1; 2005‑433, s. 9; 2006‑62,s. 1; 2006‑122, s. 1; 2006‑130, s. 1; 2007‑17, s. 1; 2007‑26,ss. 1, 2(a); 2007‑62, s. 1; 2007‑225, s. 1; 2007‑311, s. 1;2007‑342, s. 1; 2008‑24, s. 1; 2008‑30, s. 1; 2009‑40,s. 2; 2009‑53, s. 1; 2009‑111, s. 1; 2009‑156, s. 1; 2009‑298,s. 1; 2009‑323, s. 1.)