Thursday, May 8, 2008

NC-APA Position on Proposed Annexation Moratorium

Background

North Carolina enjoys a tradition of sound local government which helps make the state attractive to economic and residential growth. Efficient, orderly and sound development throughout the state is fostered by strong municipalities, capable of managing resources and expanding services to meet the needs of a growing population.

The North Carolina Chapter of the American Planning Association (NCAPA) views with concern legislation which would seriously hamper orderly municipal growth through annexation as well as efforts to incorporate new municipalities in close proximity to existing municipalities, solely or primarily to avoid annexation. NCAPA believes that such incorporations do not promote good local government, but instead may impair comprehensive planning efforts and result in fragmentation of authority over urban areas.

Positions

  1. The North Carolina Chapter of the American Planning Association (NCAPA) fully supports the existing statutory standards and services annexation authority. NCAPA would oppose changes in the law, either statewide of local, which would weaken present annexation procedures or restrict municipal annexation authority. NCAPA would specifically oppose HB 74 or other similar bills which would allow residents in extra-territorial jurisdictions (ETJ's) to vote prior to municipal annexation attempts. Such elections would be formidable obstacles for municipalities to overcome, and could encourage inequitable situations where essentially urban areas draw the benefits of the municipality but do not pay for them.

The current statutory provisions are based upon the sound public policy that what is urban should be municipal and served by a full service municipality. Such a policy encourages development in accordance with a comprehensive plan. The cost of urban public services should be shared by those who commute to the city for work, shopping, play, health care, and other services.

The statutes set forth a rational, fair and objective process for annexation. NCAPA believes that municipal annexation is a valuable and essential planning tool, which facilitates sound regulation of development and efficient provision of necessary municipal services.

  1. NCAPA recognizes the local character of incorporation bills, but feels that this is an important issue of statewide concern and would oppose new incorporations designed primarily to prevent annexation by an existing municipality. NCAPA encourages prior review of proposed incorporations by the Joint Legislative Commission on Municipal Incorporations, under the objective standards provided by statute.