LOCAL OMNIBUS CHANGES. (NEW)

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View NCGA Bill Details2023-2024 Session
Senate Bill 169 (Local) Filed Tuesday, February 28, 2023
AN ACT TO PROVIDE FOR VARIOUS LOCAL CHANGES.
Intro. by Jarvis.

Status: Ch. SL 2023-118 (Sep 13 2023)

SOG comments (3):

Long title change

Committee substitute to the 1st edition changed the long title. Original long title was AN ACT PROVIDING FOR THE MANNER IN WHICH ANNEXED SATELLITE AREAS MAY BE REZONED BY MUNICIPALITIES LOCATED WHOLLY OR PARTLY IN DAVIDSON COUNTY.

Long title change

Committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO PROVIDE FOR THE MANNER IN WHICH ANNEXED SATELLITE AREAS MAY BE REZONED BY MUNICIPALITIES LOCATED WHOLLY OR PARTLY IN DAVIDSON COUNTY, TO REQUIRE MUNICIPALITIES LOCATED WHOLLY OR PARTLY IN NASH COUNTY TO INFORM THE NASH COUNTY BOARD OF COMMISSIONERS PRIOR TO ANNEXING CONTIGUOUS PROPERTY, AND TO REQUIRE MUNICIPALITIES LOCATED WHOLLY OR PARTLY IN NASH COUNTY TO OBTAIN THE APPROVAL OF THE NASH COUNTY BOARD OF COMMISSIONERS PRIOR TO CONDUCTING A SATELLITE ANNEXATION OF CERTAIN PROPERTY AND PRIOR TO REZONING CERTAIN PROPERTY ACQUIRED BY SATELLITE ANNEXATION.

Long title change

Committee substitute to the 3rd edition changed the long title. Previous long title was AN ACT TO PROVIDE FOR THE MANNER IN WHICH ANNEXED SATELLITE AREAS MAY BE REZONED BY MUNICIPALITIES LOCATED WHOLLY OR PARTLY IN DAVIDSON COUNTY.ACQUIRED BY SATELLITE ANNEXATION.

Bill History:

S 169/S.L. 2023-118

Bill Summaries:

  • Summary date: Sep 13 2023 - View Summary

    AN ACT TO PROVIDE FOR VARIOUS LOCAL CHANGES. SL 2023-118. Enacted September 13, 2023. Effective September 13, 2023, except as otherwise provided.


  • Summary date: Aug 16 2023 - View Summary

    House amendment to the 4th edition adds the following.

    Requires that Trenton regular municipal elections be held at the time of the general election in each even-numbered year. Requires that the mayor and commissioners be elected on a nonpartisan plurality basis and the results determined in accordance with GS 163-292. Requires the election to be conducted in accordance with the uniform municipal election laws in GS Chapter 163. Prohibits conducting municipal elections in Trenton in 2023 and cancels any notice of candidacy that has been filed in 2023. Extends by one year the terms of office for the mayor and three commissioners serving on the effective date of this section whose terms are set to expire in 2023. Requires regular municipal elections to be conducted in Trenton in even-numbered years beginning in 2024. Requires that the mayor and three commissioners be elected to serve two-year terms beginning in 2024.


  • Summary date: Aug 16 2023 - View Summary

    House committee substitute to the 3rd edition makes the following changes.

    Changes the act’s titles. 

    Adds the following content.

    Permits the Carteret County Board of Commissioners and Board of Education to contract or approve a tenant’s contract for design and construction of buildings on public school property. Exempts the contract and approval under from Article 8 (Public Contracts) of GS Chapter 143 and Article 12 (Sale and Disposition of Property) of GS Chapter 160A. Permits property subject to a contract under this provision to be leased to a public or private entity with a history of partnering with the Carteret County Board of Education for similar projects. Exempts any lease entered into under SL 2002-35 from Article 12 of GS Chapter 160A.

    Amends Section 2.2 of Article II of the Charter of the City of Gastonia (SL 2017-37) to provide for election of City Council members from single-member electoral districts, known as wards. Provides that the wards shall be the wards approved by the Council on May 3, 2022. Amends Section 3.1 of Article III of the Charter to remove language referencing wards, and to include a requirement that elections shall be conducted in accordance with GS Chapter 163. Provides a staggered schedule of elections for the wards. Amendments to the city charter are effective at the first regular meeting of the city council held in 2025, and applicable to municipal elections held in 2025 and after. 


  • Summary date: Jun 22 2023 - View Summary

    House committee substitute to the 2nd edition makes the following changes.

    Deletes Part II of the act that made changes to Nash County satellite annexations. Makes other technical changes. Makes conforming changes to the act's titles.


  • Summary date: May 16 2023 - View Summary

    House committee substitute to the 1st edition makes the following changes.

    Removes the July 1, 2023, effective date to the act’s amendments to the Davidson County rezoning laws (SL 2022-24) so that the amendments are effective when the act becomes law.

    Adds the following changes to Nash County satellite annexations. Now requires that a governing body of a municipality that is conducting an annexation under GS Chapter 160A, Article 4, Part 1 to notify the Nash County Board of Commissioners (Board) that the governing body intends to adopt the annexation ordinance not less than 10 days prior to the adoption of an annexation ordinance. Also requires (1) that a governing body of a municipality that is conducting an annexation under GS Chapter 160A, Article 4, Part 4 to, prior to the adoption of an ordinance, notify the Board that the governing body intends to adopt the annexation ordinance; (2) upon receipt of said notice, the Board must fix a date for a public hearing on the annexation ordinance. The public hearing must be held no more than 45 days after receipt of the notice. The Board must cause notice of the hearing to be published once at least 10 days before the date of hearing. At the hearing, any person residing in or owning property in the area proposed for annexation and any resident of the municipality seeking the annexation may appear and be heard on the question of annexation; (3) if the Board finds, 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, the Board must adopt a resolution approving the annexation and the governing body of the municipality may proceed with the adoption of the annexation ordinance; and (4) if the Board finds, after the public hearing, that the interests of the inhabitants of the county and the area proposed for annexation will not be best served by the annexation, the Board must adopt a resolution disapproving the annexation. The governing body of the municipality may not proceed with the adoption of the annexation ordinance or begin a separate annexation process with respect to that area proposed for annexation, or any part thereof, for at least 36 months from the date of the Board's adoption of the resolution disapproving annexation.

    Specifies that if the Board adopts a resolution approving the annexation and the governing body of the municipality adopts the annexation ordinance under this section, no  rezoning under GS Chapter 160D of any area that includes the annexed property, or any part thereof, may occur without the approval of both the governing body of the municipality and the Board. Specifies that the above changes only apply to Nash County and any municipality located wholly or partly in Nash County seeking to annex an area located wholly within Nash County. Specifies that the above does not apply to annexation of any property to be used for single-family residential or multifamily residential purposes. Applies to annexations initiated on or after the act becomes law.

    Makes organizational changes.

    Amends the act's titles.


  • Summary date: Feb 28 2023 - View Summary

    Amends SL 2022-24, Section 2, which sets out additional requirements that must be met when Davidson County conducts an annexation under Part 4 of Article 4A of GS Chapter 160A, including that if the Davidson County Board of Commissioners (Board) finds, after a public hearing, that the interests of the inhabitants of the county and the area proposed for annexation will be best served by the annexation, the Board must adopt a resolution approving the annexation and the governing body of the municipality may proceed with the adoption of the annexation ordinance. Amends the impacts of such a resolution, to now provide that if the resolution is adopted and a municipality adopts the annexation ordinance, any rezoning of the satellite annexation area or any part thereof within 60 days from the date of the adoption of the annexation ordinance must be done in accordance with the terms and conditions of the municipality's unified development ordinance adopted under GS Chapter 160D. Retains the requirement that approval be obtained from both the municipality's governing body and the Board before the municipality may rezone any satellite area that includes the annexed area or any part thereof. Adds that these provisions do not apply to an area that ceases to constitute satellite corporate limits and becomes part of the primary corporate limits. Requires that the area that becomes part of the primary corporate limits must be rezoned in accordance with the terms and conditions of the municipality's unified development ordinance. Applies to annexations initiated on or after July 1, 2023.