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North Carolina General Assembly - [ H 964 vc ] HOUSE BILL 964 Page 1 of 5 GENERAL AssEMBLy OF NORTH CAROLINA SESSION 1999 SESSION LAW 1999-458 HOUSE BILL 964 AN ACT TO REVISE THE MUNICIPAL INCORPORATION PROCESS SO AS TO PROVIDE MORE SCRUTINY. The General Assembly of North Carolina enacts: Section 1. G.S. 120-163(c) reads as rewritten: "(c) The petition must include a proposed name for the city, a map of the city, a list of proposed services to be provided by the proposed municipality, the names of three persons to serve as interim governing board, a proposed charter, a statement of the estimated population, assessed valuation, degree of development, population density, and recommendations as to the form of government and manner of election. The petition must contain a statement that the proposed municipality will have a budqet ordinance with an ad valorem tax levy of at least five cents {5¢) on the one hundred dollar ($100.00) valuation upon all taxable property within its corporate limits. The petition must contain a statement that the proposed municipality will offer four of the followinq services no later than the first day of the third fiscal year followinq the effective date of the incorporation: (i) police protection; (ii) fire protection; (iii) solid waste collection or disposal? (iv) water distribution; (v) street maintenance; (vi) street construction or riqht-of-wa¥ acquisition; (vii) street liqhtinq; and (viii) zoninq. In order to qualify for providinq police protection, the proposed municipality must propose either to provide police service or to have services provided by contract with a county or another municipality that proposes that the other qovernment be compensated for providinq supplemental protection. The proposed municipality may not contain any noncontiguous areas." Section 2. G.S. 120-167 reads as rewritten: "§ 120-167. Additional criteria; population. The Commission may not make a positive recommendation unless the proposed municipality has a permanent population of at least 100. t00 and a population density (either permanent or seasonal) of at least 250 persons per square mile." Section 3. G.S. 120-168 reads as rewritten: "§ 120-168. Additional criteria; development. Pam!isc ...... ..... ~, ~ .... The Commission may not make a positive recommendation unless forty percent (40%) of the area is developed for residential, commercial, industrial, institutional, or governmental uses, or is dedicated as open space under the provisions of a zoning ordinance, subdivision ordinance, conditional or special use permit, or recorded restrictive covenants." Section 4. G.S. 120-169.1 reads as rewritten: http://www.ncga.state.nc.us/html 1999/bills/ratifieWhouse/hbi10964. full.html 12/15/99