AG 1998 04 20 - Laserfiche WebLink

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§120-167 ART. 20. MUNICIPAL INCORPORATIONS §120,171 (4) An area of at least fiftypercent (50%) of the proposed mu- nicipality has petitionedfor annexation to the nearby city under G.S. 160A-31 within the previous 12 months before the incorporation petition is submitted to the Commission but the annexation petition was not approved. (1985 (Reg. Sess., 1986), c. 1003, s. 1; 1989 (Reg. Sess., 1990), c. 1024, s. 25.) § 120-167. Additional criteria; population. The Commission may not make a positive recommendation un- less the proposed municipality has a per,,mnent population of at least 100. (1985 (Reg. Sess., 1986), c. 1003, s. 1.) § 120-168. Additional criteria; development. Except when the entire proposed municipality is within two miles of the Atlantic Ocean, Albemarle Sound, or Pamlico Sound, 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. (1985 (Reg. Sess., 1986), c. 1003, s. 1.) § 120-169. Additional criteria; area unincorpo- rated. The Commission may not make a positive recommendation if any of the proposed municipality is included within the boundary of another incorporated municipality, as defined by G.S. 153A-1(1). (1985 (Reg. Sess., 1986), c. 1003, s. 1.) § 120-170. Findings as to services. The Commission may not make a positive recommendation un- less it finds that the proposed municipality can provide at a reason- able tax rate the services requested by the petition, and finds that the proposed municipality can provide at a reasonable tax rate the types of services usually provided by similar municipalities. In making findings under this section, the Commission shall take into account municipal services already being provided. (1985 (Reg. Sess., 1986), c. 1003, s. 1.) § 120-171. Procedures if findings made. (a) If the Commission finds that it may not make a positive rec- ommendation because of the provisions of G.S. 120-166 through G.S. 120-170, it shall make a negative recommendation to the Gen- eral Assembly. The report to the General Assembly shall list the grounds on which a negative recommendation is made, along with specific findings. If a negative recommendation is made, the Com- mission shall notify the petitioners of the need for a legally suffi- cient description of the proposed municipality if the proposal is to be considered by the General Assembly. At the request of a major- ity of the members of the interim board named in the petition, the 175