Bill Text: NC S231 | 2011-2012 | Regular Session | Amended
Bill Title: Incorporation/ETJ Study
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-06-28 - Failed Concur In Com Sub [S231 Detail]
Download: North_Carolina-2011-S231-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 3
SENATE BILL 231
Agriculture/Environment/Natural Resources Committee Substitute Adopted 6/8/11
House Committee Substitute Favorable 6/7/12
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Short Title: Municipal Incorp Standards/Water Extensions. |
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Referred to: |
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March 8, 2011
A BILL TO BE ENTITLED
AN ACT to amend the standards required for incorporation of a municipality and to require approval of the municipal governing board prior to certain extensions of water or sewer service by other government ENTITIES.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 120‑163 reads as rewritten:
"§ 120‑163. Petition.
(a) The process of seeking the recommendation of the
Municipal Incorporations Subcommittee is commenced by filing with the Municipal
Incorporations Subcommittee a petition signed by fifteen percent (15%) of the
registered voters of the area proposed to be incorporated, but by not less than
2550 registered voters of that area, asking for incorporation.
The voter shall sign the petition and also clearly print that voter's name
adjacent to the signature. The petition must also contain the voter's residence
address and date of birth.
(b) The petition must be verified by the county board of elections of the county where the voter is alleged to be registered. The board of elections shall cause to be examined the signature, shall place a check mark beside the name of each signer who is qualified and registered to vote in that county in the area proposed to be incorporated, and shall attach to the petition a certificate stating the number of voters registered in that county in the area proposed to be incorporated, and the total number of registered voters who have been verified. The county board of elections shall return the petition to the person who presented it within 15 working days of receipt. That period of 15 working days shall be tolled for any period of time that is also either two weeks before or one week after a primary or election being conducted by the county board of elections.
(c) The petition must include a proposed name for the
city, a map of the city, a list of proposed services to be provided by the
proposed municipality, the names of three persons to serve as interim governing
board, a proposed charter, a statement of the estimated population, assessed valuation,
degree of development, population density, and recommendations as to the form
of government and manner of election. The petition must contain a statement
that the proposed municipality will have a budget ordinance with an ad valorem
tax levy of at least five cents (5¢) twenty cents (20¢) on the
one hundred dollar ($100.00) valuation upon all taxable property within its
corporate limits. The petition must contain a statement that the proposed
municipality will offer four all of the following services no
later than the first day of the third fiscal year following the effective date
of the incorporation: (i) police protection; (ii) fire protection; (iii) solid
waste wastewater treatment, collection or disposal; and (iv)
water distribution; distribution. (v) street maintenance; (vi)
street construction or right‑of‑way acquisition; (vii) street
lighting; and (viii) zoning.The petition shall also list any other services
the proposed municipality proposes to offer. In order to qualify for
providing police protection, the proposed municipality must propose either to
provide police service or to have services provided by contract with a county
or another municipality that proposes that the other government be compensated
for providing supplemental protection. The proposed municipality may not
contain any noncontiguous areas.
(d) The petitioners must present to the Municipal Incorporations Subcommittee the verified petition from the county board of elections.
(e) A petition must be submitted to the Municipal Incorporations Subcommittee at least 60 days prior to convening of the next regular session of the General Assembly in order for the Municipal Incorporations Subcommittee to make a recommendation to that session."
SECTION 2. G.S. 120‑167 reads as rewritten:
"§ 120‑167. Additional criteria; population.
The Commission may not make a positive recommendation unless
the proposed municipality has a permanent population of at least 100 and a population
density (either permanent or seasonal) of at least 250 persons per square mile.
mile and a population as defined in G.S. 120‑166(a) equal to or
greater than that provided in the following schedule:
If the proposed municipality is located within:
(1) One‑half mile of a municipality of under 5,000 250 persons.
(2) One mile of a municipality of 5,000 to 9,999 500 persons.
(3) Three miles of a municipality of 10,000 to 24,999 1,000 persons.
(4) Four miles of a municipality of 25,000 to 49,999 2,000 persons.
(5) Four miles of a municipality of 50,000 or more 4,000 persons."
SECTION 3. G.S. 120‑172 reads as rewritten:
"§ 120‑172. Referendum.
Based on information received at the public hearing, the
Commission may The Commission shall recommend that any incorporation
act passed by the General Assembly shall be submitted to a referendum.referendum,
except if the petition contained the signatures of fifty percent (50%) of
registered voters the Commission shall not recommend a referendum."
SECTION 4. Article 16 of Chapter 160A of the General Statutes is amended by adding a new section to read:
"§ 160A‑329. Extension of water or sewer service by other public entities near municipal limits.
No public water or sewer system may establish or extend water or sewer service within one mile of the corporate limits of a municipality with a population of 5,000 to 9,999; within three miles of the corporate limits of a municipality with a population of 10,000 to 24,999; within four miles of the corporate limits of a municipality with a population of 25,000 to 49,999; or within five miles of the corporate limits of a municipality with a population of 50,000 or more, according to the most recent annual estimate of the Office of State Budget and Management, unless each of the governing boards of any municipalities within the prescribed distances has adopted a resolution approving of the establishment or extension of service. For purposes of this section, the following definitions apply:
(1) "Corporate limits" means only the primary corporate limits and does not include satellite corporate limits.
(2) "Municipality" means a city as defined by G.S. 160A‑1(2), and only the primary corporate limits of the municipality may be considered in establishing the mileage limitations. This section does not affect the ability of any such entity to serve existing customers.
(3) "Public water or sewer system" means (i) a water or sewer authority formed under Article 1 of Chapter 162A of the General Statutes; (ii) a metropolitan water district formed under Article 4 of Chapter 162A of the General Statutes; (iii) a metropolitan sewerage district formed under Article 5 of Chapter 162A of the General Statutes; (iv) a county water or sewer district formed under Article 6 of Chapter 162A of the General Statutes; (v) a sanitary district formed under Article 2 of Chapter 130A of the General Statutes; (vi) a county‑owned or county‑operated water or sewer system; or (vi) a joint agency providing a water or sewer system by interlocal agreement under Article 20 of Chapter 160A of the General Statutes of which that municipality is not a member of or party to."
SECTION 5. This act is effective when it becomes law.
