A. Purpose and Intent. The purpose of this section is to establish a procedure for the consideration of voluntary annexation petitions from landowners seeking to add additional lands to the corporate limits of the Town.
B. Applicability.
1. The Board of Commissioners may review and decide voluntary annexation petitions from:
a. The owners of land that are contiguous with the Town's corporate limits; and
b. The owners of land that are not contiguous to the corporate limits when the proposed voluntary annexation complies with the following standards:
i. The land proposed for annexation is no more than three miles from the contiguous corporate limits; and
ii. No portion of the land proposed for annexation is closer to the contiguous corporate limits of another municipality unless the land is subject to an approved annexation agreement that includes the land within the Town's ultimate planning jurisdiction; and
iii. If the land proposed for annexation is part of a recorded subdivision, all lots in the recorded subdivision are part of the annexation petition; and
iv. The combined total land area associated with the annexation, when added to all other noncontiguous land areas annexed by the Town does not exceed 10 percent of the land area located within the Town's contiguous corporate limits.
2. The Town may accept voluntary annexation petitions from landowners that do not meet the criteria in subsection (1) above, but may not decide them until the application is consistent with subsection (1) above.
3. In cases where the Town may not voluntarily annex land, it may use a development agreement (see Section 2.2.8, Development Agreement) to extend Town utilities to the land prior to annexation.
C. Timing. In cases where land proposed for annexation is subject to any additional development applications reviewed in accordance with this Ordinance, the annexation application shall be reviewed and decided prior to the decision on any other applications.
D. Application Submittal.
1. The annexation petition shall be signed by all the owners of land proposed for annexation.
2. An annexation petition shall include a signed statement declaring whether or not any vested right with respect to the land subject to the petition has been established under Section 160D-108 of the North Carolina General Statutes.
E. Annexation Procedure.
1. The annexation procedure is described in Figure 2.2.2, Annexation Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
2. Following receipt of an annexation petition the Town Clerk shall investigate and certify whether the petition is legally sufficient. Only legally sufficient petitions shall be considered by the Town.
3. The Planning Director shall review the petition and comment on the Town's ability to provide municipal services.
F. Board of Commissioners Review and Decision.
1. The Board of Commissioners, after the conclusion of a legislative public hearing, shall decide the application in accordance with Section 2.2.2.G, Annexation Review Standards.
2. The decision shall be one of the following:
a. Approval of the annexation petition;
b. Denial of the annexation petition; or
c. Remand of the annexation petition to Town staff for further consideration.
G. Annexation Review Standards. Approval of an annexation is a matter committed to the legislative discretion of the Town Board of Commissioners. The voluntary annexation petition may be approved upon a finding the petition complies with all the standards in Section 160A-31 or Section 160A-58 in the North Carolina General Statutes, as appropriate, and:
1. The annexation petition bears the signatures of all landowners within the area to be annexed;
2. The area to be annexed can be adequately served by the same municipal services provided within the Town's primary corporate limits;
3. The debt obligations from serving the subject lands do not exceed the anticipated revenues to the Town; and
4. The public health, safety, and welfare of Town residents and the residents of the lands proposed for annexation will be best served by the annexation.
H. Recording. An ordinance approving a voluntary annexation adopted by the Town, together with a map of the annexed area, shall be recorded in the office of the Wake County Register of Deeds within 14 days of the adoption of the annexation.
I. Effect.
1. Within 60 days of annexation, the BOC shall adopt a zoning district classification for the land involved. The BOC may consider a Town-initiated or landowner-initiated zoning map amendment immediately following approval of the annexation.
2. Upon the effective date of annexation, the land shall be subject to the debts, laws, ordinances and regulations of the Town, and shall be entitled to the same privileges and benefits as other parts of the Town.
J. Amendment. A decision on an annexation shall not be amended.
K. Expiration.
1. A decision on an annexation shall not expire.
2. Land may be de-annexed only by act of the North Carolina General Assembly.
L. Appeal.
1. Any decision by the Board of Commissioners shall be subject to review by the Superior Court of Wake County.
2. Petitions for review must be filed with the Clerk of Court within 30 days of the date the decision is filed in the office of the appropriate review authority and delivered by personal delivery, electronic mail, or first-class mail to the applicant, landowner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective.
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-65, passed 5-3-21)