H.B. 451
GENERAL ASSEMBLY OF NORTH CAROLINA
Mar 22, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH30189-BAxf-3
Short Title: Noncontiguous Expansion of MSDs. (Public)
Sponsors: Representative Hardister.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO AUTHORIZE THE EXTENSION OF MUNICIPAL SERVICE DISTRICTS TO
3 AREAS NOT CONTIGUOUS TO THE SERVICE DISTRICT.
4 The General Assembly of North Carolina enacts:
5 SECTION 1. G.S. 160A-538 reads as rewritten:
6 "§ 160A-538. Extension of service districts.
7 (a) Standards. – The city council may by ordinance annex territory to any service district
8 upon finding that:
9 (1) The area to be annexed is contiguous to the district, with at least one eighth of
10 the area's aggregate external boundary coincident with the existing boundary
11 of the district;district.
12 (2) That the The area to be annexed requires the services of the district.
13 (b) Annexation by Petition. – The city council may also by ordinance extend by
14 annexation the boundaries of any service district when one hundred percent (100%) of the real
15 property owners of the area to be annexed have petitioned the council for annexation to the
16 service district.
17 (b1) Satellite Annexation. – The city council may also by ordinance annex noncontiguous
18 territory to any service district, provided all of the following criteria are met:
19 (1) One hundred percent (100%) of the real property owners of the area to be
20 annexed have petitioned the council for annexation to the district.
21 (2) The nearest point on the proposed satellite area must not be more than 1,000
22 feet from the boundary of the district.
23 (3) The area must be so situated that the district will be able to provide the same
24 services within the proposed satellite area that it provides within the district.
25 (4) If the area proposed for annexation, or any portion thereof, is a subdivision as
26 defined in G.S. 160D-102(31), all of the subdivision must be included.
27 (5) The proposed satellite area, when added to the area within all other satellite
28 areas of the district, may not exceed ten percent (10%) of the area within the
29 primary boundary of the district.
30 (c) Report. – Before the public hearing required by subsection (d), the council shall cause
31 to be prepared a report containing:containing all of the following:
32 (1) A map of the service district and the adjacent territory, showing the present
33 and proposed boundaries of the district;district.
34 (2) A statement showing that the area to be annexed meets the standards and
35 requirements of subsections (a) or (b); andsubsection (a), (b), or (b1) of this
36 section.
*DRH30189-BAxf-3*
General Assembly Of North Carolina Session 2023
1 (3) A plan for extending services to the area to be annexed.
2 The report shall be available for public inspection in the office of the city clerk for at least
3 two weeks before the date of the public hearing.
4 …."
5 SECTION 2. This act is effective when it becomes law.
Page 2 DRH30189-BAxf-3
Statutes affected: Filed: 160A-538
Edition 1: 160A-538