Annexation is the process by which developed or undeveloped property is brought into the corporate jurisdiction of a municipality. North Carolina state statutes provide for two general kinds of annexations – annexation by petition (sometimes known as “voluntary annexation”) and annexation by municipal or state action.
Annexation by petition involves the request by a property owner to be included in the corporate jurisdiction of a municipality. This is the most common type of annexation in Fayetteville at the current time. There are two types of annexation by petition application forms depending upon whether the property being annexed is next to the current city limits (a “contiguous” annexation) or whether the property being annexed is non-contiguous (a “satellite annexation). State law has different requirements for contiguous and satellite annexations.
Most persons requesting annexation do so in order to obtain utility service through the Public Works Commission. City Council policy interpreted in light of the PWC Charter Revision legislation, requires property within the City’s Municipal Influence Area (MIA) to be annexed in order to receive PWC sewer service or to expand existing service. The flowchart below illustrates the steps involved in an annexation by petition application.
Please note that most Annexation applications are also accompanied by an initial Zoning Map Amendment request. The Zoning Map Amendment and Annexation applications run on different tracks until City Council consideration when they are generally considered simultaneously. Persons seeking particular zoning designations are able to withdraw their petition for annexation in the event that the desired designation is not provided.
The other type of annexation involves unilateral action on the part of a municipality or the state of North Carolina to bring a property or properties under the corporate jurisdiction of a municipality. The statutory requirements for this type of annexation are complex and are not part of an application process. No further information on this type of annexation is included in this manual as a consequence.
Special Step in the Annexation Process
Annexation applications require a public hearing by the City Council. The associated Zoning Map Amendment application is typically heard first in order to allow the applicant the opportunity to withdraw the petition for annexation if he or she is dissatisfied with the zoning designation established by City Council.