AGENDA #4r(b)
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Report: Overview of Areas Under Consideration for Possible Future
Annexation
DATE: November 26, 2001
This information report is part of a continuing series of periodic updates to provide an overview of areas under consideration for possible future annexation (see Map 1). This report concludes that none of the areas identified on Map 1 should be scheduled for annexation by the Town this year.
We intend to report next to the Council in the fall of 2002 on potential annexations that could be conducted during the 2002-03 fiscal year.
BACKGROUND
Annexation is the process by which towns and cities expand their corporate limits to provide for the orderly extension of municipal services to areas that are becoming urbanized. The required municipal services include police protection, fire protection, garbage and trash collection, maintenance and lighting of public streets (excluding State roads), and all other services provided by the municipality, on the same basis as provided within the existing municipal boundaries.
Annexation has occurred on a regular basis in Chapel Hill. Over the last ten years, the Town completed the following annexations, with the effective dates noted:
June 30, 1992 Southbridge • Phases 3 & 4 (Town-initiated)
Chandler's Green • Phase 2 (Town-initiated)
Oaks III • Phase B5a (Petition)
Springcrest • Phases 1 & 2 (Petition)
June 30, 1993 Springcrest • Phases 3 & 4 (Petition)
Springcrest • Town-Owned Open Space (Petition)
June 30, 1994 Culbreth Middle School (Petition)
June 30, 1995 Weaver Dairy Road/Erwin Road (Town-initiated)
Clark Lake Road • 3 Lots (Town-initiated)
Culbreth Park/Hundred Oaks (Town-initiated)
Cobble Ridge • Phases 1 - 4 (Town-initiated)
June 30, 1996 OWASA Parcel (Petition)
December 31, 1997 Lowes Parcel (portion) (Petition)
June 30, 1998 Homestead Village/Horace Williams Tract (Town-initiated)
Oaks III • Phase B5b (Town-initiated)
June 30, 2000 Englewood Subdivision (Town-initiated)
UNC/Faculty-Staff Club (Town-initiated)
June 30, 2001 Notting Hill Area (Town-initiated)
Southern Village (Town-initiated)
METHODS OF ANNEXATION
There are three primary methods that the Town may use under State Law to annex land:
1) Town-initiated Annexation - The Town may undertake to annex, by ordinance, certain areas that meet statutory standards for contiguity, population density, and intensity of development.
2) Contiguous Annexation Petition - The Town may annex by ordinance any area contiguous to its boundaries upon presentation of a petition signed by all of the owners of real property located within such area.
3) Non-Contiguous "Satellite" Annexation Petition - The Town may annex by ordinance certain areas that meet statutory standards and whose boundaries do not at any point touch the Town's primary corporate limits. Non-Contiguous "Satellite" annexation petitions must be signed by all the owners of real property located within such area.
In general, Town-initiated annexations are a more complicated process than annexation by petition. Town-initiated annexations however, allow municipalities to have greater control over the timing of growth and the shaping of their corporate limits.
The Town's general policy, as reflected in annexation decisions in the last 20 years, has been to annex areas when they qualify under State law and when the Town can practically extend and finance municipal services to the qualifying areas.
WATER AND SEWER COST CONSIDERATIONS
In accordance with State law, major trunk water mains and sewer outfall lines must be extended into an annexation area so that property owners will then be able to secure public water and sewer service according to policies in effect for extending such services to individual lots or subdivisions. Where the extension of major water or sewer lines is necessary, an annexation plan must set out a timetable for completion of construction within two years of the effective date of annexation.
Once major trunk water mains and sewer outfall lines are extended into an annexation area, then the extension of water and sewer lines to existing individual lots or subdivisions is available in accordance with Orange Water and Sewer Authority (OWASA) policies. In areas where the municipality is required to extend sewer service according to its policies, but the installation of sewer is not economically feasible due to the unique topography of the area, the municipality must provide septic system maintenance and repair service until such time as sewer service is provided to properties similarly situated.
OWASA's general policy is to allow extensions to the public water and sewer system, within or outside of any Town limits, provided that the benefiting parties pay the cost through assessments under OWASA policy. Developers may extend lines at their expense and in accordance with OWASA standards.
The financial feasibility of any annexation would be affected by the Council’s policy to assist in paying for public sewer construction in neighborhoods now served with individual septic or other private wastewater systems. The Town of Chapel Hill provides a 20% subsidy to sewer projects for existing neighborhoods with private systems, with a cap of $4,500 per lot based on the total number of lots in the project which is being subsidized, pursuant to a revised policy adopted on September 9, 1998 by the Council. Funds for specific projects are approved by the Town Council and must be made available through the annual budget and Capital Improvements Program process. The balance reserved for sewer improvements is $330,000 as of June 30, 2001. Of this amount, $192,000 is reserved for the Mason Farm/Morgan Creek area. The last use of the fund was for the Patterson Place sewer, completed in December, 1999.
DISCUSSION
Town-initiated annexations have the benefit of promoting the efficient extension of Town services and the creation of an orderly, easily recognized Town boundary. The Town's Comprehensive Plan has an objective that development go outward from existing developed areas at the same time as public facilities and services are extended.
As part of our ongoing long-range planning, we study areas that are becoming urbanized. In the past, we have laid out strategies for future annexation areas for the Town Council's consideration. Based on our most recent analysis, we provide the following overview and recommendations for the numbered areas shown on Map 1 (see attached):
|
Description of Area |
Comments |
|
Area 1: Northwest area, including the Northwood subdivision (Ph. 1-4) and the UPS facility. |
Water service has been extended into parts of this area. Sewer service has not been extended into most of this area. The Parkside II development is currently under construction in this area. We suggest that staff continue to monitor this area; and, that the Council plan to pursue annexation of this area at such time that sewer service is extended into this area. |
|
Area 2: Sunrise Road and Interstate 40 (north of Carol Woods and Chandlers Green). |
We recommend pursuing Town-initiated annexation at such future time that this area qualifies for annexation. |
|
Area 3: Merritt Pasture area. |
The lots to the north of Merritt Pasture are not serviced by sewer. We recommend pursuing Town-initiated annexation at such future time that this area qualifies for annexation. |
|
Area 4: Land south of Town, including the Morgan Creek Hills, Farrington Hills, Laurel Hills, Reserve, Reserve II and Hunt’s Reserve neighborhoods. |
Presently, a portion of this area may qualify for a Town-initiated annexation. The key issue in our study of this area has been the date at which the Town would be in a position to provide the full range of Town services to this area. The extension of water and sewer mains is also an issue. |
|
Area 5: Land south of Town, including Zapata Lane and the area east of US 15-501 and south of Mt. Carmel Church Road. |
The extension of water and sewer mains is an issue for this area. We recommend pursuing Town-initiated annexation at such future time that this area qualifies for annexation. |
|
Area 6: Dogwood Acres |
This area currently is not served by sewer. We recommend pursuing Town-initiated annexation at such future time that this area qualifies for annexation. |
|
Area 7: Two lots west of Southern Village |
We recommend pursuing Town-initiated annexation at such future time that this area qualifies for annexation. |
NEXT STEPS
We believe that none of the seven areas identified above qualify for Town-initiated annexation, and therefore recommend that the Council not initiate any annexations this fiscal year.
We intend to continue to monitor the remainder of the Town’s planning jurisdictions and report back to the Council in the Fall of 2002 with a potential schedule for pursuing Town-initiated annexations in qualified urbanizing areas.
Finally, we will continue to process any annexation petitions received during the current fiscal year and forward them to the Council for consideration.
1. Map of Areas Under Consideration for Future Annexation (p. 5).