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Petitioned Annexations vs. City-Initiated Annexations
State law provides for two types of annexations:
- Those initiated by a city government.
- Those initiated by a petition from property owners who wish to be annexed.
The process to establish Greensboro original zoning is the same for both types of annexations. The date for providing basic City services is the effective date of annexation.
City-Initiated
The US Supreme Court has upheld the rights of states to determine political subdivisions, such as city limits, within their borders. The North Carolina General Assembly has given cities the right to annex areas that are contiguous to the city and urban in character, saying that these areas should be subject to the regulations and services necessary for the “health, welfare, safety, convenience, and general prosperity of the entire urban area.” However, the General Statutes provide for the right to challenge a city’s annexation. Challenges must be filed within 60 days of the approval of the annexation ordinance.
- State law has two variations on the basic method for City-initiated annexations. One variation requires the City to adopt a “Resolution Identifying the Areas Under Consideration for Annexation by the City of Greensboro” at least a year in advance of an annexation vote. The Resolution of Consideration contains a map that depicts areas the City is considering annexing in the future and is often used for long range planning. The other variation requires the City to adopt a Resolution of Intent, and if the municipal governing board then decides to pass the annexation ordinance, it becomes effective at least one year later.
- In a city-initiated annexation, a city adopts a Resolution of Intent, prepares a special report showing plans for extending and financing municipal services to the area, conducts a public informational meeting, and then holds a public hearing on the proposed annexation. If the municipal governing board then passes the annexation ordinance, it becomes effective from 70-400 days later. Properties annexed by city initiative are entitled to the same privileges and services as petitioned annexation properties.
- Property owners annexed by city initiative can submit special water and sewer petitions provided for in the NC city-initiated annexation law.
- Any property that is taxed as farmland can receive an exemption from city tax provided for in the NC city-initiated annexation law.
- When the City of Greensboro makes both water and sewer available to your property, you have 10 years to connect to city water and sewer -- unless the Guilford County Health Department determines that your well or septic system is unacceptable and requires earlier connection. If only a water line or a sewer line (not both) is available to your property, the City does not require you to connect.
Annexation Petition
- A property owner may submit an annexation petition to a city. It may cover property next to the city limits (contiguous) or at some distance (satellite).
- Since 1997, property owners outside the Greensboro city limits wanting to connect to Greensboro water and / or sewer have been required to sign an annexation petition. The City may process such a petition either immediately or at a later date.
- Petitioned annexation properties are entitled to the same privileges and services as properties annexed by city initiative, with a few exceptions.
- Petitioners for annexation cannot submit special water and sewer petitions provided for in the NC law for city-initiated annexations.
- No public information meeting is required for petitioned annexations.
- Any property that is taxed as farmland but is covered by a petitioned annexation cannot receive the exemption from City tax provided for in the NC city-initiated annexation law.
Questions
Q) What is the difference between the satellite and regular annexation petitions (which are linked above)? A) A regular petition for annexation involves property that is contiguous to (it touches) the existing corporate limits of the City of Greensboro. A satellite petition for annexation involves property that is within three miles of the City limits and is not closer to the corporate limits of any city other than Greensboro.
Q) On the forms, what does item #4 refer to? A) According to North Carolina General Statute 160A-385.1, residents have the right to undertake and complete the development and use of property under terms and conditions of an approved "Site Specific Development Plan." Vested rights require approval by the Guilford County Planning Board by way of a public hearing. If your property has not been given zoning vested rights, check the "have not" blank on the form.
Q) What about a Utility, Annexation and Development Agreement? A) The Water Resources Department administers the Utility, Annexation and Development Agreement, which is required to be signed by persons who want City water and/or sewer, but who have not yet been annexed into the Greensboro City limits. For more information about the Utility, Annexation and Development Agreement, contact the Water Resources Department.
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