Bill Summary for S 907 (2021-2022)
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AN ACT TO REQUIRE MUNICIPALITIES LOCATED WHOLLY OR PARTLY IN DAVIDSON COUNTY TO INFORM THE DAVIDSON COUNTY BOARD OF COMMISSIONERS PRIOR TO ANNEXING CONTIGUOUS PROPERTY AND TO REQUIRE MUNICIPALITIES LOCATED WHOLLY OR PARTLY IN DAVIDSON COUNTY TO OBTAIN THE APPROVAL OF THE DAVIDSON COUNTY BOARD OF COMMISSIONERS PRIOR TO CONDUCTING A SATELLITE ANNEXATION OF CERTAIN PROPERTY AND PRIOR TO REZONING CERTAIN PROPERTY ACQUIRED BY SATELLITE ANNEXATION.Intro. by Jarvis.
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Senate committee substitute to the 1st edition makes the following changes.
Changes the scope of the act to include Davidson County and any municipality located wholly or in part in the County seeking to annex an area located wholly within the County (was, Davidson County and municipalities wholly or in part in the County). Adds a new exclusion from the act's provisions for the annexation of any property being used for single-family residential or multi-family residential purposes at the time the annexation is initiated. Regarding the enumerated provisions applicable to annexations under GS Chapter 160A, Article 4A, Parts 1 (extension by petition), 4 (annexation of noncontiguous areas) and 7 (annexations initiated by municipalities), no longer specifies that the act's provisions apply notwithstanding any other provisions of law, and instead provides that the act's enumerated provisions apply in addition to the applicable provisions of GS Chapter 160A, Article 4A, Parts 1, 4, and 7. Revises the act's provisions as follows.
Requires the governing body of a municipality (body), before adopting an annexation ordinance or a resolution of intent, to notify the county board of commissioners (board) of the intent to adopt an annexation ordinance or resolution of intent (previously, required the body to get approval of the annexation from the board or boards with jurisdiction over the area). Establishes a timeframe within which the board must set a date for a public hearing on the annexation ordinance or resolution of intent, now requiring the hearing to be held within 45 days of receipt of notice. Allows for the body to proceed with adoption of the annexation ordinance or resolution of intent upon the board finding, after the public hearing, that the interests of the inhabitants of the county and the area proposed for annexation will be best served by the annexation (previously, upon the board finding that the public health, safety, and welfare of the inhabitants of the county will be best served by the annexation). Similarly changes the language regarding the board's disapproval, now barring a body from proceeding with the adoption of the annexation ordinance or the resolution of intent, or beginning a separate annexation process with respect to the area proposed for annexation, or any part thereof (previously, did not specifically encapsulate any part thereof), for at least 36 months from the date of the board's adoption of the resolution disapproving annexation, if the board finds, after public hearing, that the interest of the inhabitants of the county and the area proposed for annexation will not be best served by the annexation.
Changes the act's long title.