AGENDA #5f
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Information Report: Voluntary Annexation Petitions for the Highlands and Highland Meadows, Homestead Road and Rogers Road.
DATE: November 8, 2004
The purpose of this report is to:
1) review agreements and State law about voluntary annexation and;
2) comment on the agreements and State law on the petitions submitted to the Council by the Highlands Subdivision and Highland Meadows Subdivision off Homestead Road and Rogers Road.
SUMMARY
We conclude that based on current inter-jurisdictional Agreements and State annexation law, the Town Council is not in a position to consider the possibility of accepting these petitions for the following reasons:
BACKGROUND
On October 11, 2004, the Town received a petition to annex the Highland Meadows Subdivision, located on the west side of Rogers Road, from property owners of the subdivision (please see Attachment 1). On October 18, 2004, the Town received a petition to annex the Highlands Subdivision, located on the west side of Rogers Road and Homestead Road, from property owners of the subdivision (please see Attachment 2).
The properties are located in the Carrboro Transition Area of the Chapel Hill/Carrboro Joint Planning Agreement. Please see Maps 1 and 2 for the location of these areas in the Carrboro Transition Area.
On July 31, 2004, the Town of Carrboro published a service report concerning the potential Town Initiated (involuntary) annexation of two areas described as Areas “A” and “B” generally located northeast of the present Carrboro Town limits and within Carrboro’s Planning Jurisdiction. The petition areas are located within Area “A” as described in the Carrboro service report. Please see Map 3.
On September 14, 2004, the Carrboro Board of Aldermen adopted a Resolution of Intent to consider annexation of the areas described in the service report. The Board of Aldermen will hold a Public Hearing on the proposed annexation on Tuesday, November 16, 2004. According to the resolution adopted by the Carrboro Board of Aldermen, if the Board of Aldermen decides to annex the area, the annexation may be made effective at least one year after the annexation ordinance is adopted. An effective date of January 31, 2006 is being proposed.
DISCUSSION
A. Joint Planning Agreement
The Town of Chapel Hill, the Town of Carrboro, and Orange County adopted a Joint Planning Agreement effective November 2, 1987, as authorized by Section 2, Chapter 233, 1987 Session Laws (please see Attachment 3). This agreement relates to the joint land use plan for areas beyond the two town’s limits and extraterritorial planning jurisdiction. It established a planning boundary between the Town of Carrboro and the Town of Chapel Hill. The agreement was established to provide a coordinated and comprehensive system of planning within the Towns’ respective areas of public concern. It also established limitations on annexations within areas defined as “Transition Areas” and “Rural Buffer.”
The petition areas are on the Town of Carrboro side of the Joint Planning boundary.
On June 24, 2003, the parties renewed sections 3.1 and 3.2 of the Agreement for a twenty year period from that date. (See Attachment 4). Section 3.2 of the Agreement states that there shall be no annexation into another Town’s Transition area except pursuant to the written consent of the other Town. In addition, the Agreement states that neither Town shall seek special legislation to accomplish such annexation.
Text and map amendments to the Agreement may be made by either party by filing a request to Orange County. No such amendment may become effective until after it has been adopted by the parties following a joint public hearing by all three governing bodies.
Per Section 1.3.8, the Joint Planning Agreement shall remain in effect until terminated by mutual agreement or withdrawal by any party. A party may not withdraw until it holds a public hearing on the proposed withdrawal and has given written notice to the other parties. The withdrawal shall be effective one (1) year following receipt by the other party of the written notice.
B. Annexation Boundary Agreement
The Town of Chapel Hill and the Town of Carrboro adopted a 20-year annexation boundary agreement effective June 30, 1995, as authorized by Chapter 160A, Article 4A, Part 6, of the North Carolina General Statutes (see Attachment 5). This agreement establishes an annexation boundary between the two towns. The boundary line is the same as the Carrboro/Chapel Hill Joint Planning Boundary as defined in the Chapel Hill/Carrboro Joint Planning Area Agreement established November 2, 1987 (see Map 1).
Section 3.A.3 of the agreement states that the Town of Chapel Hill may not annex the area to the west of the Carrboro/Chapel Hill Joint Planning Boundary including but not limited to, the Carrboro Transition Area. Likewise the Town of Carrboro may not annex to the east of the Joint Planning Boundary including but not limited to, the Chapel Hill Transition Area.
Section 8 allows for the agreement to be modified or terminated by a subsequent agreement of the Towns of Chapel Hill and Carrboro. Such agreement shall be approved by ordinance after public hearings and notice in accordance with State statutes. The agreement may be terminated unilaterally by either town or either town may withdraw from the agreement by repealing the ordinance which approved the agreement, providing five years of written notice to the other town. After the expiration of the five year notice period, the agreement would terminate. Section 11 of the agreement states that neither town may adopt an annexation ordinance of an area in violation of this agreement.
C. Prior Jurisdiction Rule
We note that the property covered by these annexation petitions is the subject of a Resolution of Intent to annex which was adopted by the Board of Aldermen of the Town of Carrboro on September 14, 2004. The adoption of this resolution by the Carrboro Board of Aldermen gives Carrboro “prior jurisdiction” under North Carolina law. City of Burlington v. Town of Elon College, 314 S.E.2d 534 (1984). Unless the Carrboro annexation procedure is not completed, this rule would preclude the Town of Chapel Hill from annexing the petitioned property.
D. Satellite Annexation Limitation
North Carolina law requires that when an annexation petition is received by a municipality that it investigate that the petition has been signed by all owners of real property in the petition area. We have investigated the petitions and confirm that the petitions are sufficient in this respect.
We note that the petition areas are not contiguous with Chapel Hill Town limits; they are classified as satellite petitions. In accordance with G.S. Section 160A-58 a satellite area may be no closer to the primary limits of another municipality than to the primary limits of the annexing municipality. The petition areas do not meet this standard as they adjoin the existing Carrboro Town limits. Please see Map 2.
CONCLUSION
Based on current inter-jurisdictional Agreements and State annexation law, the Town Council is not in a position to consider the possibility of accepting these petitions for the following reasons:
If the Town of Carrboro proposed annexation does not occur, for the Town of Chapel Hill to consider annexing the petition areas would require:
A. The Towns and Orange County could pursue an agreement to amend the Land Use Plan and Planning Agreement, and the Towns could agree to amend the Carrboro/Chapel Hill Annexation Boundary Agreement to relocate the boundary. The revised agreements would need to be approved by ordinance by the respective governments after public hearings.
B. The Town of Chapel Hill could withdraw from the Joint Planning Agreement and the Carrboro/Chapel Hill Annexation Boundary Agreement. To withdraw from the Joint Planning Agreement would require the Town to hold a public hearing on the proposed withdrawal and give written notice to the other parties. The withdrawal would be effective one (1) year following receipt by the other party of the written notice. To withdraw from the Carrboro/Chapel Hill Annexation Boundary Agreement would require the Town to repeal the ordinance which approved the Agreement, and provide five years of written notice to the Town of Carrboro. After the expiration of the five year notice period, the Agreement would terminate.
We do not recommend that the Town seek to amend the existing Joint Planning Area Agreement or the Chapel Hill-Carrboro Annexation Boundary Agreement.
We recommend no action on the petitions.
MAPS
Map 1. Map of Planning Areas (p. 256).
Map 2 “Annexation Petition Areas” (p.257).
Map 3 Carrboro Corporate Limits and NE Annexation Areas “A & B” (p. 258).
