POLICY STATEMENT 104
ANNEXATION POLICY

Prepared by: Ricky Barker
Supersedes: 9/29/94
Adopted by Council: 3/9/95
Effective: 3/9/95

PURPOSE:

To establish a policy for review of properties proposed for annexation. This policy is to be used as a guide for evaluation of annexations involving the extension of Cary's corporate boundaries.

COVERAGE:

This policy, upon adoption by the Town Council, shall be applicable to all voluntary annexations and annexation agreements received by the Town and all statutory annexations implemented by the Town.

In order that the Town can continue to provide efficient delivery of services and seek orderly development for the health, safety, and welfare of all citizens within its extraterritorial jurisdiction, the Town Council shall have the authority to waive any requirements of this policy.

POLICY:

The Town of Cary receives voluntary annexation petitions and annexation agreements upon a property owner or developer desiring to connect to or extend Cary utilities to their property. The Town of Cary will initiate all statutory annexations to provide for orderly growth and more efficient delivery of services.

I. Voluntary Annexation Petitions Within Cary's Extraterritorial Jurisdiction

A. All requests for contiguous or satellite annexations may be deemed appropriate provided the following standards are used in review:

1. The site has access to Town of Cary utilities, or

2. A development plan has been approved which will extend utilities to the site.

3. If a site has access to only one utility, then the Town will have the option of adopting an ordinance of annexation with conditions requiring the property owner to pay all applicable fees and connect to the other utility within ninety (90) days of the date when it becomes adjacent to the site.

II. Voluntary Annexation Petitions Outside Cary's Extraterritorial Jurisdiction

A. All requests for contiguous annexations may be deemed appropriate provided the following standards are used in review:

1. The site is not located in another municipality's extraterritorial jurisdiction;

2. The site is located in a Town of Cary utility service area; or

3. A development plan has been submitted which will extend Town of Cary utilities to the site; or

4. If a site has access to only one utility, then the Town will have the option of adopting an ordinance of annexation with conditions requiring the property owner to pay all applicable fees and connect to the other utility within ninety (90) days of the date when it becomes adjacent to the site.

B. All requests for satellite annexations may be deemed appropriate provided the following standards are used in review:

1. The site at no point is located closer to another municipality's corporate boundary;

2. The site is located within the Town of Cary utility service area; or

3. A development plan has been submitted which will extend Town of Cary utilities to the site; or

4. If a site has access to only one utility, then the Town will have the option of adopting an ordinance of annexation with conditions requiring the property owner to pay all applicable fees and connect to the other utility within ninety (90) days of the date when it becomes adjacent to the site.

III. Annexation Agreements

A. Special Utility Areas

In special utility areas the Town will have the option of requiring an annexation agreement provided that one or more of the following site conditions exist:

1. Located closer to another municipality

2. If existing level of Town services are not adequate to serve property at present time.

B. Non Special Utility Areas

The Town Council shall have the authority to allow emergency utility connections to developed properties not located in a special utility area.

IV. Annexation of areas Meeting Statutory Standards

A. The Department of Planning and Development will review the existing corporate boundaries, along with current annexation agreements on an annual basis. This review is to determine if properties may warrant a statutory annexation. The standards of this review are as follows:

1. The property must meet the legislative standards prescribed by Part 3, Article 4A of Chapter 160A of the North Carolina General Statutes regarding statutory annexations.

2. The Town must be able to provide a more efficient delivery of emergency services.

3. A statement for the property setting forth the methods of financing of services shall be prepared. This statement must indicate a positive return on expenditures, upon completion of extending Town services to the property.

Upon review by Town Council of an annual report on corporate boundaries, the Council shall determine which sites may be acquired by statutory annexation. The Town Council reserves the right to use any of the statutory standards for the purpose of annexation if there is substantial benefit in the welfare of the public.

V. CONCLUSION:

Staff will continue to review all approved annexations which were adopted with conditions requiring connection to a utility service on a semi-annual schedule. Those properties which are identified in the review as having to meet additional requirements will be tracked through a coordinated effort of the Planning and Development Department and the Engineering department.