§ 120-172 – Referendum.
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. (1985 (Reg. Sess., 1986), c. […]
§ 120-173 – Modification of petition.
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. (1985 (Reg. Sess., 1986), c. 1003, s. 1.)
§ 120-174 – Deadline for recommendations.
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 60 days after convening of the next regular session after submission of the petition. (1985 (Reg. Sess., 1986), c. 1003, s. 1.)
§ 120-163 – Petition.
120-163. Petition. (a) The process of seeking the recommendation of the Municipal Incorporations Subcommittee is commenced by filing with the Municipal Incorporations Subcommittee 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. […]
§ 120-164 – Notification.
120-164. Notification. (a) Not later than five days before submitting the petition to the Municipal Incorporations Subcommittee, the petitioners shall notify: (1) The board or boards of county commissioners 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 […]
§ 120-165 – Initial inquiry.
120-165. Initial inquiry. (a) The Municipal Incorporations Subcommittee 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 Municipal Incorporations Subcommittee shall also publish in the North […]
§ 120-166 – Additional criteria; nearness to another municipality.
120-166. Additional criteria; nearness to another municipality. (a) The Municipal Incorporations Subcommittee 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 […]
§ 120-167 – Additional criteria; population.
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 and a population density (either permanent or seasonal) of at least 250 persons per square mile. (1985 (Reg. Sess., 1986), c. 1003, s. 1; 1999-458, s. 2.)
§ 120-168 – Additional criteria; development.
120-168. Additional criteria; development. The Municipal Incorporations Subcommittee 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.
120-169. Additional criteria; area unincorporated. The Municipal Incorporations Subcommittee 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), or if any of the proposed municipality is included within the boundary of a county that has exercised its authority […]