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§120-164 CH. 120. GENERAL ASSEMBLY §120-166 Assembly in order for the Commission to make a recommendation to that session. (1985 (Reg. Sess., 1986), c. 1003, s. 1.) § 120-164. Notification. (a) Not later than five days before submitting the petition to the Commission, the petitioners shall notify: (1) The board or boards of county commissioners of the county or counties where the proposed municipality is locatsd; (2) All cities within that county or counties; and (3) All cities in any other county that are within five miles of the proposed municipality of the intent to present the peti- tion to the Commission. (b) The petitioners shall also publish, one per week for two con- secutive weeks, with the second publication no later than seven days before submitting the petition to the Commission, notice in a newspaper of general circulation in the area proposed to be incorpo- rated of the intent to present the petition to the Commission. (1985 (Reg. Sess., 1986), c. 1003, s. 1.) § 120-165. Initial inquiry. (a) The Commission shall, upon receipt of the petition, determine if the requirements of G.S. 120-163 and G.S. 120-164 have been met. If it determines that those requirements have not been met, it shall return the petition to the petitioners. The Commission shall also publish in the North Carolina Register notice that it has re- ceived the petition. (b) If it determines that those requirements have been met, it shall conduct further inquiry as provided by this Part. (1985 (Reg. Sess., 1986), c. 1003, s. 1.) § 120-166. Additional criteria; nearness to another municipality. (a) The Commission may not make a positive recommendation if the proposed municipality is located within one mile ora municipal- ity of 5,000 to 9,999, within three miles of a municipality of 10,000 to 24,999, within four miles of a municipality of 25,000 to 49,999, or within five miles of a municipality of 50,000 or over, according to the most recent decennial federal census, or according to the most recent annual estimate of the Office of State Budget and Manage- ment if the municipality was incorporated since the return of that census. (b) Subsection (a) of this section does not apply in the case of proximity to a specific municipality if: (1) The proposed municipality is entirely on an island that the nearby city is not on; (2) The proposed municipality is separated by a major river or other natural barrier from the nearby city, such that provi- sion of municipal services by the nearby city to the pro- posed municipality is infeasible or the cost is prohibitive, and the Commission shall adopt policies to implement this subdivision; (3) The nearby municipality by resolution expresses its ap- proval of the incorporation; or 174