North Carolina. General Assembly. Joint Legislativ.

Report to the General Assembly of North Carolina : town of Hebron online

. (page 1 of 3)
Online LibraryNorth Carolina. General Assembly. Joint LegislativReport to the General Assembly of North Carolina : town of Hebron → online text (page 1 of 3)
Font size
QR-code for this ebook


JOINT LEGISLATIVE COMMISSION



ON MUNICIPAL INCORPORATIONS




REPORT TO THE



GENERAL ASSEMBLY



OF NORTH CAROLINA



Town of Hebron



March 25, 1999



KATHRINE R. EVERETT



LAW LIBRARY



REPORT TO THE GENERAL ASSEMBLY
PROPOSED INCORPORATION OF THE
TOWN OF HEBRON
MARCH 25. 199^fi|



The Joint Legislative Commission on Municipal Incorporations was created in
1986 by the General Assembly to conduct an independent review and evaluation of
proposed mimicipal incorporations. This evaluation, to be conducted in accordance with
a statutory set of objective criteria, is designed to allow the General Assembly to see the
feasibility of the proposed new municipality. The Commission consists of four members
of the General Assembly, one city official, and one county official. A list of members
appears as Appendix A.

The criteria includes specifics as to community support, (a petition is required)
population, land development, nearness to other urban areas, and ability to provide
municipal services at a reasonable tax rate. A copy of the statutes authorizing the
Commission and setting up the review standards is attached as Appendix B.

During the current review cycle, the Commission on November 23. 1998 received
a petition proposing the incorporation of the Town of Hebron in Orange County. A copy
of the petition is attached as Appendix C.

Because of some confusion with regard to deadlines for submitting the petition, a
Phase I study was not done prior to the Commission's meeting on Januar>' 28, 1 999. The
Commission foimd that the preliminary requirements of G.S. 120-163 and G.S. 120-164
had been met and that the proposed Town of Hebron is not within 1, 3, 4, or 5 miles of a
city having a population stated in G.S. 120-166.

The Commission asked the Division of Community Assistance of the Department
of Commerce to evaluate the proposal under G.S. 120-167 through G.S. 120-170 as in
effect before November 1, 1998 ( a copy of the evaluation is attached as Appendix D),
and to evaluate the proposal under G.S. 120-167 through G.S. 120-170 as in effect after
November 1, 1998 (a copy of the evaluation is attached as Appendix E). The Division of
Community Assistance found that the proposed Town satisfied the statutory criteria in
effect before November 1, 1998, except G.S. 120-168, "Additional criteria; development"
because five percent of the subject area rather than 40 percent (as required in the statute)
is developed. The proposed Town satisfied the statutory criteria in effect after November
1, 1998, except G.S. 120-168 for the reasons stated above and G.S. 120-169.1(a) because
34 percent rather than 60 percent (as required in the statute) of the total number of lots in
the subject area are used for residential, commercial, industrial, institutional, or
governmental purposes, and five percent rather than 60 percent (as required in the statute)
of the total acreage of the subject area that is not used for commercial, industrial,
institutional, or governmental purposes consists of lots that are three acres or less in size.



The Commission finds that the proposed Town of Hebron does not meet the
standards required by Article 20 of Chapter 160A of the General Statutes, and
therefore does not recommend the incorporation of the area as the Town of Hebron.
The Commission requests that the Division of Community Assistance of the
Department of Commerce review the petition submitted by the proposed Town of
Hebron to determine: (1) what would the appropriate standard for development
have been under G.S. 120-168 if the petition had been submitted prior to November
1, 1998; and (2) what is the level of development using the standard that was in
effect prior to November 1, 1998. The Commission further finds that if, using the
standard in effect prior to November 1, 1998, the subject area was at least 40
percent developed, the Commission would have found that the proposed Town met
the standards required by Article 20 of Chapter 160A of the General Statutes.



APPENDIX A

JOINT LEGISLATIVE COMMISSION ON

MUNICIPAL INCORPORATIONS

1997-1999

Membership



Pro Jem's Appointments



Speaker's Appointments



The Honorable Wib Gulley
PO Box 3573
Durham, NC 27702



The Honorable Car\' D. AUred
4307 Sartin Road
Burlington, NC 27217



The Honorable Fletcher L. Hartsell, Jr.
PO Box 368
Concord, NC 28026



The Honorable J. Samuel Ellis
3513 Aubum-Knightdale Road
Raleigh, NC 27610



Mr. Ronald R. Kimble, Manager
City of Greenville
PO Box 7207
Greenville, NC 27835



Mr. Jerry Ayscue
Vance County Manager
Vance County Courthouse
Young Street
Henderson. NC 27536



Staff

Gerry Cohen

Bill Drafting Division

(919 733-6660



Clerk

Carol Resar
408 LOB
(919)715-3036



Gayle Moses

Bill Drafting Division

(919)733-6660



APPENDIX B

ARTICLE 20.
Joint Legislative Conunission on Municipal Incorporations.

Part 1. Organization.

S 120-158. Creation of Connnission.

(a) There is created the Joint Legislative Commission on
Municipal Incorporations, referred to in this Article as
"Commission" .

(b) The Commission shall consist of six members, appointed as
follows :

(1) Two Senators appointed by the President Pro Tempore
of the Senate;

(2) Two House members appointed by the Speaker;

(3) One city manager or elected city official,
appointed by the President Pro Tempore of the
Senate from a list of three eligible persons
nominated by the North Carolina League of
Municipalities; and

(4) One county commissioner or county manager,
appointed by the Speaker from a list of three
eligible persons nominated by the North Carolina
Association of County Commissioners.

S120-159. Terms.

Members shall be appointed for terms ending June 30, 1987, and
subsequently for two-year terms beginning July 1, 1987, and
biennially thereafter. A member eligible when appointed may
continue for the remainder of the term regardless of the member's
continued eligibility for the category. The Commission shall
elect a chairman from its membership for a one-year term.

§120-160. Compensation.

Members of the Commission who are members of the General
Assembly shall receive subsistence and travel allowances as
provided by G.S. 120-3.1. Members who are State officers or
employees shall receive subsistence and travel allowances as
provided by G.S. 138-6. All other members shall receive per diem,
subsistence, and travel allowances as provided by G.S. 138-5.

S 120-161. Facilities and staff.

The Commission may meet in the Legislative Building or the
Legislative Office Building. Staff for the Commission shall be



provided by the Legislative Services Commission. The Commission
may contract with the Institute of Government, the Local
Government Commission, the Department of Environment and Natural
Resources, or other agencies as may be necessary in completing
any required studies, within the funds appropriated to the
Commission.

§120-162. Reserved for future codification purposes.

PART 2. Procedure for Incorporation Review,

§120-163. Petition.

(a) The process of seeking the recommendation of the Commission
is commenced by filing with the Commission a petition signed by
fifteen percent (15%) of the registered voters of the area
proposed to be incorporated, but by not less than 25 registered
voters of that area, asking for incorporation.

(b) The petition must be verified by the county board of
elections of the county where the voter is alleged to be
registered. The board of elections shall cause to be examined the
signature, shall place a check mark beside the name of each
signer who is qualified and registered to vote in that county in
the area proposed to be incorporated, and shall attach to the
petition a certificate stating the number of voters registered in
that county in the area proposed to be incorporated, and the
total number of registered voters who have been verified. The
county board of elections shall return the petition to the person
who presented it within 15 working days of receipt.

(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 proposed municipality may
not contain any noncontiguous areas.

(d) The petitioners must present to the Commission the verified
petition from the county board of elections.

(e) A petition must be submitted to the Commission at least 60
days prior to convening of the next regular session of the
General Assembly in order for the Commission to make a
recommendation to that session.

§120-164. Notification.



(a) Not later than five days before submitting the petition to
the Conunission, the petitioners shall notify:

(1) The board or boards of county conunissioners of the
county or counties where the proposed municipality
is located;

(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 petition to the Commission.

(b) The petitioners shall also publish, one per week for two
consecutive 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 incorporated of the intent to present the petition to the
Commission.

§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 received the petition.

(b) If it determines that those requirements have been met, it
shall conduct further inquiry as provided by this Part.

♦** S 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 of a
municipality 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 Management 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 provision of municipal services by



the nearby city to the proposed municipality is
infeasible or the cost is prohibitive, and the
Commission shall adopt policies to implement this
subdivision;

(3) The municipalities within the distances described
in subsection (a) of this section by resolution
express their approval of the incorporation; or

(4) An area of at least fifty percent (50%) of the
proposed municipality has petitioned for 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.

♦** The 1998 amendment, effective Novembler 1, 1998, rewrote
subdivision (b)(3), which formerly read "The nearby municipality
by resolution expresses its approval of the incorporation; or".
The amendment is applicable to annexations for which the
resolution of intent is adopted on or after November 1, 1998, and
shall not apply to any incorporation proposal originally
presented to the Joint Legislative Commission on Municipal
Incorporations prior to that effective date-

§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.

§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.

§120-169. Additional criteria; area unincorporated.

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).



*** S 120-169.1. Additional criteria; level of development,
services.

(a) Level of Development. - The Commission may not make a
positive recommendation unless the entire area proposed for
incorporation meets the applicable criteria for development under
G.S. 160A-36(c) or G.S. 160A-48(c).

(b) Services. - The Commission may not make a positive
recommendation unless the area to be incorporated submits a plan
for providing a reasonable level of municipal services. To meet
the requirements of this subsection, the persons submitting the
plan for incorporation must propose to provide at least two of
the following services:

(1) Police protection.

(2) Fire protection.

(3) Garbage and refuse collection or disposal.

(4) Water distribution.

(5) Sewer collection or disposal.

(6) Street maintenance, construction, or right-of-way
acquisition.

(7) Street lighting.

(8) Adoption of citywide planning and zoning.

*♦* This section becomes effective November 1, 1998, is
applicable to annexations for which the resolution of intent is
adopted on or after that date, and shall not apply to any
incorporation proposal originally presented to the Joint
Legislative Commission on Municipal Incorporations prior to that
date.

$120-170. Findings as to services.

The Commission may not make a positive recommendation unless it
finds that the proposed municipality can provide at a reasonable
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.

§120-171. Procedures if findings made.

(a) If the Commission finds that it may not make a positive
recommendation because of the provisions of G.S. 120-166 through
G.S. 120-170, it shall make a negative recommendation to the
General 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
Commission shall notify the petitioners of the need for a legally
sufficient description of the proposed municipality if the
proposal is to be considered by the General Assembly. At the
request of a majority of the members of the interim board named
in the petition, the Commission may conduct a public hearing and
forward any comments or findings made as a result of that hearing
along with the negative recommendation.

(b) If the Commission determines that it will not be barred
from making a positive recommendation by G.S. 120-166 through
G.S. 120-170, it shall require that petitioners have a legally
sufficient description of the proposed municipality prepared at
their expense as a condition of a positive recommendation.

(c) If the Commission determines that it is not barred from
making a positive recommendation, it shall make a positive
recommendation to the General Assembly for incorporation.

(d) The report of the Commission on a petition shall be in a
form determined by the Commission to be useful to the General
Assembly.

§120-172. Referendum.

Based on information received at the public hearing, the
Commission may recommend that any incorporation act passed by the
General Assembly shall be submitted to a referendum, except if
the petition contained the signatures of fifty percent (50%) of
registered voters the Commission shall not recommend a
referendum.

§120-173. Modification of petition.

With the agreement of the majority of the persons designated by
the petition as an interim governing board, the Commission may
submit to the General Assembly recommendations based on deletion
of areas from the petition, as long as there are no noncontiguous
areas .

§120-174. Deadline for recommendations.

If the petition is timely received under G.S. 120-163(e), the
Commission shall make its recommendation to the General Assembly
no later than 50 days after convening of the next regular session
after submission of the petition.

§120-175 through 120-179: Reserved for future codification
purposes .



APPENDIX C



MAP OF PROPOSED TOWN



The map describing the specific area of the current Community- of Hebron that is proposed to be included
in the Town of Herbon appears on the following page.

The legal description of the boundaries of the Town is listed below. In selecting these boundaries, we have
followed a set of criteria in which the goal is to preserve the residential agricultural and historic
atmosphere of the area, as determined by the residents.

Legal Description

The incorporated Town of Hebron shall consist of the tracks of land in the Cheeks Township of Orange
County, generally described as those properties between Interstate 85. Bowman Road. West Ten Road.
Buckhom Road. Yarborough Road and the Orange County Line, and described more specifically as
follows:



BOUNDARY OF THE TOWN OF HEBRON, NORTH CAROLINA:

I. Beginning a' the intersection of highways West Ten and Buckhom Road and running East along the
Northern boundaries of the following properties:

Tax Map Lot Number

3-43 20

2IA



2. The property proceeds South along the Eastern boundaries of the following propenies:

Ta.x Map Lot Number

3-43 21 A

32H

32J

29A

32B
3-48 12C



3. The boundary turns South West at Bushy Cook Road and precedes Southwest along the Southern
boundaries of the following properties:

Tax Map Lot Number

3-48 1 1

llA

10

4. The boundary then proceeds South along the Eastern boundary of the following properties:



Tax Map Lot Number

3^3 HE

14. The boundar. then turns West and proceeds along the Southern boundary of the following property-:

Tax Map Lot Number

3-53 HE

13. The boundar. then turns South and proceeds along the Eastern boundary of the following propern:

Tax Map Lot Number

3-53 12

16. The boundary then turns West and proceeds along the Southern boundar. of the following property:

Ta.x Map Lot Number

3-53 12

17. The boundary then turns Northwest and proceeds along the Western boundary of the following
property:

Tax Map Lot Number



j-Dj



n



18. The boundary then proceeds to the Southern boundary of Yarborough Road where it turns Southwest
and procedds along the Eastern boundary of property 6-1/7, The boundary then turns west at the Southern
boundary of 6-1 7and runs West along the Southern boundaries of the following properties:

Tax Map Lot Number

6-1 7

6-1 6

The boundary then crosses Yarborough Road and turns Southwest. It then runs Southwest along the
Southern boundaries of the following property:



Ta.x Map


Lot Number


6-1


47


"


4


»


4E


••


4B



19. The boundary then proceeds North along Mebane Oaks Road, running with the western boundaries
ofthe following properties:



Tax


Map


Lot Number


6-1




4A
4

2


3-53




13
14
14A
I4B


••




•>



Tax Map Lot Number

>48 10

23

" 22

5. The boundary then proceeds Southwest along Yarborough Road along the Southern boundaries of the
following properties:

Tax Map Lot Number

3-48 22

3-54 ID

6. The boundary then proceeds South along the Eastern boundan.- of the following properties:

Tax Map Lot Number

3-54 IH

2A

7. The boundary then rums West and runs along the Southern boundarv' of the following property:

Tax Map Lot Number

3-54 2A

8 The boundary then turns Northwest along the Western boundaries of the following properties:
Tax Map Lot Number

3-54 ■ 2A

2

9. The boundary then turns South and proceeds along the Eastern boundary of the following property:

Tax Map Lot Number

3-54 I



10. The boundary turns West and proceeds along the Southern Boundary of the following property:

Tax Map Lot Number

3-54 I

1 1 . The boundary then turns South at the intersection with Property 3-53/9A and proceeds South long the
Eastern boundaries of the following propenies:

Tax Map Lot Number

3-53 9A

9

12. The boundary then proceeds West along the Southern boundary of the following property:

Tax Map Lot Number

3-53 9

13. The boundary then turns South and proceeds along the Eastern boundary of the following property:



20 The boundar. then intersects Hebron Church Road and proceeds East alonu Hebron Church Road
running with the Nonhem boundaries of the foliovvinsi propenies:



Tax Map


Lot Number


3-53


2


'•


2A



21. The boundap. then crosses Hebron Church Road at the Western boundar.' ofPropert\ 3-53'27 and
then proceeds Nonh along the Western boundar.- of Propern 3-53 27. The boundar>' then turns East at the
Nonhem boundap.' of Propertv' 3-53/27. The boundar. then turns Northwest at the Western boundary of
Property' 3-47 '25.

22. The boundary then proceeds Nouthwest along the V^estem boundaries of the following properties:

Tax Map Lot Number

3-47 25

7

23. The boundary then crosses L. A. Dixon Jr. Road and turns East along the Northern boundary of L. A.
Dixon Jr. Road. The boundary then turns Nonh and proceeds Nonh along the Western boundary of
Property 3-47/7 It then turns East and runs East along the Nonhem boundary of Property 3-47 7 until it
intersects with the Western boundary of Property 3-47. 1 1. The boundary then mns Nonhwest along the
Westem boundary of Property 3-47/1 1. The boundary then tums Northeast at the Nonhem boundary of
Property 3-47/1 1 and runs Northeast along the Nonhwest boundap. of Property 3-47/1 1 until it reaches
Bowman Road. It then tums East along Bowman Road and runs East with the Nonhem boundaries of the
following propenies:



Tax Map


Lot Number


3-47


II


"


13


3-47


19



24. The boundary then crosses Ben Wilson Road and runs North along the Westem boundary of Property
3-42/1 running along :hc Nonhem boundary of Propen> 3-42 1 until it reaches the Nonhem boundary of
Property 3-42/1. It then proceeds East along the Nonhem boundaries of the following propenies:

Tax Map Lot Number

3-42 1

21

25 The boundary tums Nonh at the intersection of the Western boundary of Property 3-42/7 and runs
Nonh with the Westem boundaries of the following properties:

Tax Map Lot Number

3-42 7

3-21 25

26. The boundary turns east as it reaches Interstate 85 40 and runs East along Interstate 85 with the
Nonhem boundaries of the following properties:

Tax Map Lot Number

3-21 25



-)->



27. The boundary rums South when it reaches West Ten Road and runs SouthEast along West Ten Road
with the Eastern boundary of Property 3-21 '22A. The boundary then crosses Rock Quarry Road and then
continues SouthEast, running with the Nonhem boundaries of the following propenies:



Tax Map


Lot Number


3-21


23


3-42


I2G


»


12H


"


12P


"


12E


"


12A



28. The boundary then crosses West Ten Road at the W estern boundap. of Propert> 3-2 1 30A and turns
North running Nonh with the Western boundary of the following properties;



Tax Map


Lot Number


3-21


30A


"


30



29. The boundary then nims East at the Northern boundary of Property 3-2 1 30 and runs East along the
Northern boundary of Property 3-21/30 until it reaches the Eastern boundary of Property 3-21/30 where it
rums South and runs South with the Eastern boundary of Property 3-2 1 30. The boundary turns East at the
Nonhem boundary of Properry 3-28/1 and runs East with the Northern boundary of Property 3-28 1. It
turns South at the Eastern boundary of Property 3-28/1 and runs South with the Eastern boundary of


1 3

Online LibraryNorth Carolina. General Assembly. Joint LegislativReport to the General Assembly of North Carolina : town of Hebron → online text (page 1 of 3)