May 2005

 

Town of Cary

Comprehensive Annexation Program

Part 1: Annexation Overview Policies and Criteria

 

Table of Contents

I.       Introduction

II.      Annexation Defined

III.     Methods of Annexation

              Citizen-initiated Annexation in Cary

              Town-initiated Annexation in Cary

IV.     History of Annexation in Cary

V.      Current Annexation Issues

              Unincorporated Subdivisions Adjacent to Corporate Limits

              Individual Property Rights versus Long-term Communal Interests

              Timing, Completeness, and Clarity of Information about Annexation

              Timing of Annexation

              Impact of Citizen-initiated Annexations on Town-initiated Annexations

VI.     The Importance of and Reasons for Annexation

              Benefits to Existing Town Property Owners

VII.    Impact on Unincorporated Property Owners

     Financial Impact

     How Cary Taxes Are Used

     Affects of Town Zoning on Properties

     Benefits

     Town Water and Sewer Service

VIII.   Annexation Policies

     Policies for Considering Town-initiated Annexation

     Policies for Considering Citizen-initiated Annexation Petitions

IX.     Evaluation Criteria for Annexation

     Urban Tests

     Current and Future Ability to Serve

     Environmental/Health Concerns

X.      Public Information Element

     Purpose

     Goals

     Target Publics

     Key Topics

     Tactics

     Primary Activities

XI.          Summary and Contacts

 

Appendix 1

Policy Statement 23 – Water and Wastewater System Extension and Connection Policy

 

Appendix 2

Policy Statement 135 – Sidewalk Requests

 

Appendix 3

Policy Statement 13 – Street Lighting

 

I. Introduction

 

It is the Town of Cary’s goal to establish a comprehensive annexation program that guides future annexation decisions and provides for an orderly and predictable extension of our municipal boundaries.  The Town also desires to inform residents and property owners impacted by future annexation of the implications of annexation, the costs and benefits and what to expect in the process.

 

Specifically, the Town of Cary’s comprehensive annexation program seeks to establish annexation policies and evaluation criteria to objectively identify which properties are appropriate to annex and why.  The program addresses both citizen-initiated annexation (heretofore referred to as voluntary annexation) and Town-initiated annexation (heretofore referred to as involuntary annexation), including establishing a process where areas for Town-initiated annexations are considered on a two-year cycle.   A comprehensive public information element is included to ensure ample notice of possible annexation and raise awareness and understanding of the important details of annexation.

 

While not required by State law, this new program has been developed to help potential annexes as well as existing Cary citizens understand the various aspects of annexation.  This document includes Part 1 of a two part program.  Part 1 of the program contains key information about annexation and establishes policies and criteria that will guide future annexation decisions.   Please note that is a policy document and does not grant any procedural rights.  In other words, this document is a guide to assist in making annexation decisions; any deviation from this document would not be a basis for challenging annexation ordinances in the future.

 

Part 2, which will include maps, will be developed following the approval by the Cary Town Council of Part 1 and will use the policies and criteria to identify “annexation study areas” and establish a phasing plan with associated timeframes for annexation areas.  This phasing plan will designate areas by the potential for annexation within a certain time frame (e.g. 1-4 years, 3 to 5 years, beyond 5 years) with the understanding that this is a general estimate and is subject to change.  All areas that qualify for annexation within Cary’s urban service/planning area may be considered for annexation in the future.

Annexation study areas identified in Part 2 consist of unincorporated areas that qualify for annexation and may be considered for Town-initiated annexation sometime in the future.  These maps will be used by staff as a guide in selecting areas that will be presented to Council for potential Town-initiated annexation during each even-calendar year (e.g. 2006, 2008).  Staff will also present preliminary budget impacts for each recommended qualifying area.  Council will decide every even year whether or not to pursue any or all of the areas recommended by staff.   Once Council decides which, if any, areas to pursue for annexation, the staff will begin the official process for Town-initiated annexation as required by State law.

 

The Town of Cary’s comprehensive annexation program will apply to all properties within Cary’s urban services area as designated on our current Land Use Plan (NOTE: no areas are under consideration for Town-initiated annexation at the time of this program’s adoption).

This draft document was produced by Town staff using feedback from the Cary Town Council and participants from two annexation focus groups.  One of the two focus groups was created from a randomized list of all 700+ owners of properties annexed into the Town of Cary in 2003, including but not limited to Summerwinds and Kingston Ridge. The other focus group was developed from a randomized list of all 2600+ owners of properties within Town of Cary resolution of consideration and intent areas from the last two years, including but not limited to Medfield Estates and Dutchman Downs.

 

II. Annexation Defined

 

Annexation is the legal process by which municipalities add land to their corporate limits.  Since 1959, the North Carolina General Statutes give all municipalities the authority to annex areas that meet specified standards provided that required procedures are followed and the municipality commits to extend basic services into the annexed areas.  The State’s annexation policy favors the expansion of cities to provide essential urban services to areas that are deemed urban in character, which is defined by the State in General Statutes 160A-48 Character of Area to be Annexed (see Section III for details).  Specifically, only municipalities are authorized by law to provide the full range of basic urban services--from water and sewer service to street maintenance and improvements. 

 

III. Methods of Annexation

 

Cary, like other municipalities in North Carolina, may expand its corporate boundaries through two options: 1) Citizen-initiated annexation (referred to in the North Carolina General Statutes as voluntary annexation) and 2) Town-initiated annexation (referred to in the NC General Statutes as involuntary annexation).  Both have specific procedures and qualifying standards that must be followed. 

 

Citizen-Initiated Annexation In Cary

Ø       Typically includes an immediate effective date following annexation ordinance’s adoption.

 

Town-Initiated Annexation in Cary

 

Citizen-initiated annexations typically take 3 months to process, while Town-initiated annexations take approximately 1 ½ years from start to effective date.

 

IV. History of Annexation in Cary

 

Historically, the expansion of Cary’s Town limits has primarily been the result of citizen-initiated annexation.  Over the last 20 years, the Town has developed long range plans and made investments in essential facilities that provided a foundation for orderly growth and development that promotes a high quality of life and environment.  This planning, in combination with Cary’s desirable location, resulted in significant expansion of Cary’s corporate limits as property owners needed Town services to support new developments consistent with our adopted land use plans and ordinances.  Cary’s ordinances and comprehensive plans are effective tools at managing growth in a way that protects property values and results in high quality development.

 

Citizen-initiated annexation continues to be Cary’s primary method of annexation.  The Town’s citizen-initiated annexation policy provides for annexation by property owners if they are requesting Town services.  Thus far, a minority of these types of annexations have been the result of existing single family property owner’s requesting public utilities because their well and/or septic systems have failed.  However, as homes around Cary continue to age, this type of situation will likely grow.

 

Town-initiated annexations represent a minor part of the total property annexed into the Town (about 2% of the total area annexed in the 20 years immediately preceding development of this policy.  Historically, the Town has not pursued this type of annexation, in part, due to the successful growth of the corporate limits through citizen-initiated annexation.  However, over the years, new developments within the corporate limits have expanded to surround unincorporated properties.  Due to their location, these “doughnut holes” are considered for Town-initiated annexation because they could be more effectively served by the Town than the County.  A significant portion of these areas included older subdivisions developed with private well and septic systems through Wake County within the boundary that is presently in Cary’s urban service area (within the Town’s planning jurisdiction, with services of water, sewer and emergency services).  Four of these subdivisions and many non-subdivision single family lots have experienced private system failures that resulted in the Town providing public utility service without immediate annexation provided that annexation agreements were signed by all the property owners. (An annexation agreement is a legal document that states that the property owners agree to submit a citizen-initiated annexation petition upon the request by the Town anytime in the future.)

 

Town-initiated annexations have occurred in 1974, 1982, 1991, and 2002.  In 1982 approximately 270 acres were annexed.  In the 1991 Town-initiated annexation, properties that were already connected to Town water and/or sewer were annexed (approximately 90 acres).  In 2002, a comprehensive annexation resulted in incorporating approximately 755 properties containing a total of 1,039 acres (including 629 residential dwelling units).  

A majority of these properties were included in County subdivisions that were nearly completely surrounded by Cary Town limits.   Annexation of these “doughnut holes” provided for more efficient service delivery and the availability for public water and sewer for these new residents.  Soon after the 2002 annexation, approximately 362 property owners, primarily from five subdivisions, requested that water and/or sewer be extended into portions of their subdivision.  These property owners chose to sign a petition to request the Town fund a utility extension project within their subdivision.   Some residents participated while others within the same subdivision chose not to connect to utilities at that time. The percentage of voluntary participation by residents ranged from 100% to 50%.

 

Table 1:  Water and Sewer Petitions and Participation by Area

Subdivision/Area

Properties Petitioning

Properties

in Petition Area

Percent Participation

Hillsdale Forest Area

139

147

93%

Triangle Forest

39

46

84%

Logan Road/Bud El Acres

3

3

100%

Piney Plains Road

6

10

60%

Summerwinds Phase 3

35

43

81%

Windsor Oaks

89

90

98%

Bud El Acres/Woodland Dr.

11

22

50%

Summerwinds Ph. 1 & 2

40

55

70%

Totals

362

416

87%

 

This level of participation (approximately 58% of the residential property owners whose property was annexed and 87% within existing subdivisions) demonstrates the desire from a majority of these residents to replace their private well and septic systems with a more permanent public system at a reasonable cost. 

 

V. Current Annexation Issues

 

The main focus of the Town of Cary’s comprehensive annexation program is to acknowledge and wherever possible successfully address the following issues:

 

·         Unincorporated Subdivisions Adjacent to Corporate Limits – Today, many unincorporated subdivisions and individual residentially used properties exist within the Town’s designated service areas.  In Cary and other Wake County jurisdictions, the County has designated those areas within its 1988 General Development Plan should be included within municipalities due to existing and future plans for municipal services.  These unincorporated subdivisions are served by private well, septic and/or private utility providers (i.e., Heater Utilities).  Due to failures or inability to support the homes with private well and/or septic systems, four unincorporated County subdivisions are already receiving Town utilities (i.e., Hollybrook, Cary Oaks, Oak Chase and Jamison Park). 

Most of the unincorporated subdivisions were developed under one of two conditions.  First, they were not within the Town of Cary’s Extraterritorial Planning and Zoning Jurisdiction (ETJ) or second, they developed at a time when the Town of Cary did not have the utilities extended to these areas.  Since the property rights laws of the State of North Carolina give property owners the right to use their property,  the Town of Cary did not have the authority to deny the owners use of their property, even if utilities were not available to serve it and whether or not it was in Cary ’s ETJ.  The zoning of areas outside of Cary’s ETJ is regulated by Wake County.  The County’s past and current zoning regulations allow residential development at urban density with private wells and septic systems. 

Cary, exercising authority given to it and other municipalities by the General Assembly, has and can vote to annex qualifying properties in order to provide services, manage urban growth and protect the area’s health, safety, welfare, and environment.   Most property owners facing a Town-initiated annexation oppose this action and the increase in taxes.  

·         Individual Property Rights Versus Long-term Communal Interests
Individual property owners opposed to annexation are concerned that the process designated under State Law is contrary to democratic principles and individual property rights.  They are concerned that their individual interests are being subjected to the interests of a larger community that they feel they do not belong to (such as Cary) rather than seeing themselves as part of a State that defines annexation as important.

·         Timing, Completeness, and Clarity of Information About Annexation – For a number of reasons, many property owners do not completely understand the complex issues of annexation.  Inaccuracies are primarily related to the costs of public utilities and if and when properties are required to connect.  In addition, property owners are confused about how zoning regulations apply to their existing properties.  Specifically, owners are concerned about any additional regulations that may apply to them upon annexation.

·         Timing of Annexation – Property owners in qualifying annexation areas are concerned about if and when annexation will occur.  Many residents may be less opposed to annexation if they are provided enough notice to prepare for its implications.

·         Impact of Citizen-Initiated Annexations on Town-initiated Annexations – Historically, the Town has routinely approved citizen-initiated annexations.  However, approval of these annexations may lead to creating more “doughnut holes” and may jeopardize the potential for Town-initiated annexations of properties.  In the 2002 annexation, several potentially eligible properties were not annexed due to a previous citizen-initiated annexation. 

 

VI. The Importance Of and Reasons For Annexation

 

As outlined earlier in this document, annexation is an important tool for North Carolina, which has provided its localities to expand their boundaries, protections, and services in accordance with adopted plans and policies.  Only municipalities are authorized by State law to provide the full range of services required to support developed/developing areas (i.e., water and sewer services, solid waste collection and disposal, street maintenance and improvements).  Counties are not authorized under State law to provide street maintenance and improvement and do not typically provide public water and sewer, which is the case in Wake County.  This is one of the reasons why nearly all places used for the general public’s day-to-day activities are located within the corporate limits of or are served by municipalities.  Municipalities can provide the services and facilities to support more urban and concentrated development.  Places such as schools, restaurants, hospitals, apartments, shopping centers and other retail areas require the complete array of services that counties are not directly nor typically authorized under State law to provide. 

 

State annexation policy allows for municipalities to expand, which maintains the financial strength needed to deliver essential services at a reasonable cost.  According to a staff memorandum prepared by George Esser for the Municipal Government Study Commission, annexation is important to a municipality’s fiscal health.  The State’s annexation statute permits a city to “extend its tax base and ….secure payment from services from those who receive the services.”  Cities with such an annexation power would benefit from “a more stable and equitable property tax base,” enabling the city to have “a more stable income and (be better) able to meet its capital needs.”

 

In addition, State annexation laws encourage the growth of existing municipalities to reduce redundant services and redundant costs, provide for economy of scale, more uniform level of service, and ultimately improve the vitality and quality of our communities and, therefore, our State. 

 

One of the most important issues of many of the owners of property being considered for Town-initiated annexation is their perception that the process is undemocratic since the State-mandated process does not include an election for them to vote on the proposal.  Further, they state that they have no representation regarding annexation.  However, the process for annexation was adopted into law by members of the State General Assembly, a group of men and women that all registered voters in North Carolina elect regardless of jurisdiction or incorporation. 

 

In a representative democratic society there are areas of public policy where a determination must be made about what is in the best interest of the public as a whole if individuals and their property are to be protected and provided for now and for the long-term.  For example, the Town of Cary has and continues to provide emergency water and/or sewer connections to subdivisions and individual lots within Wake County where private utility failures that are not repairable or contaminated wells have left residents seeking help to protect the use of their property.  If the Town had made no future plans to serve these areas for the greater public good then these owner’s property values would diminish significantly.

 

The authority to make Town-initiated annexation decisions has the same basis in democratic theory that gives elected officials the authority to make decisions that are in the best interest of protecting the public health and welfare as their representatives.  Specifically, the authority to make these decisions is the same that allows elected officials to regulate land use, define individual behaviors and the use of property that are nuisances to the public as whole. 

 

According to David M. Lawrence with the Institute of Government at The University of North Carolina at Chapel Hill, the enabling statutes for annexation are based on what is in the best interest of municipalities and the State as a whole. 

 

“The involuntary annexation statutes are based on the idea that an incorporated city is at the center of, but is not the whole of, an urban community – a community defined less by governmental boundaries than by economic and social realities.  Although the city is not the whole of its urban community, it has much to do with the community’s existence, health, and growth.  If the city did not exist, the larger community would probably not exist either.  It is the attractive power of the jobs and quality of life generated by or within the city that creates the larger urban community.  That being the case, the statutes are based on the conclusion that it is good public policy – for the city and its citizens, for those living in the urban fringe, and for the people of North Carolina – that the city be able unilaterally to annex developed and developing property within its surrounding urban community. “

 

In addition, the State annexation statutes for Town-initiated annexation support municipalities’ annexing developed areas adjacent to their boundaries to ensure that those that receive benefits also participate at an appropriate and meaningful level in paying for these services/benefits.  As stated above, unincorporated residents do benefit from the Town’s investment in the community.  This is also supported by the North Carolina Supreme Court decision upholding an annexation undertaking by the City of Winston-Salem:

 

“It is common knowledge and experience that residents of areas adjacent to our cities and towns which are subject to annexation under the laws of our State enjoy a great many city services financed by city taxpayers without paying city property taxes themselves.  Most of those outside residents work in the city, shop in the city, use all manner of office facilities in the city, use in-city health care facilities, park and recreational facilities and programs and while doing so use city streets, city law enforcement and fire protection services, city garbage and refuse collection services, city parking facilities and city water and sewer services.  They also receive planning, zoning and inspection services from the city.  With the possible exception of parking fees, inspection fees, and in some instances fees for the use of recreational facilities and perhaps some other isolated costs, these outside residents pay nothing for these services financed by taxes paid by residents of our cities.  Fairness dictates that there comes a time when these residents must join in bearing the costs of those services.”  (In re Annexation Ordinance (Winston-Salem), 303 N.C. 220, 233-34, 278 S.E.2d 224, 233 (1981))

 

One of the reasons for the State’s annexation policy is that municipalities are the appropriate authority to decide on the extension of their boundaries.  Municipalities are established by the State to make decisions to support the objectives of the larger urban community.  Allowing extension of municipal boundaries to be the responsibility of individual residents living outside a municipal boundary would not fulfill the municipalities’ responsibility given to them by the State to protect and promote the health, safety and welfare of existing and future residents in consideration for the long-term viability of North Carolina.  . 

 

Benefits to Existing Town Property Owners

 

Annexation accomplishes several goals that are beneficial to existing Town property owners. These goals include to 1) improve service efficiency and effectiveness, 2) plan for future service delivery and development of utility capacity to benefit the property owners in qualifying annexation areas, 3) protect the environment and public health, 4) accomplish these goals in a manner that does not place a financial burden on the residents of the annexation areas or the existing citizens of Cary, and 5) allocate the cost of providing urban services and infrastructure to serve those benefiting on an equitable basis.

 

Unincorporated property owners/residents do benefit the Town through their valued patronage of commercial establishments; however, none of the sales taxes come directly to Cary since sales tax is apportioned to municipalities based on population, and, by definition, unincorporated patrons do not count towards Cary’s population total.   In addition, these valued patrons do not participate fully and appropriately in financially supporting the Town’s obligation to provide essential urban services  to these commercial areas such as street construction and maintenance as well as fire  and police inspection and protection to name a few.

 

Unincorporated property owners/residents also benefit the community with their involvement in schools, religious institutions, charities, volunteerism, and civic organizations.  However and again, unincorporated citizens do not participate fully and appropriately in financially supporting the Town obligation to provide the essential urban services necessary to support these community benefits. 

 

Lack of full and appropriate participation in financial support creates inequity among unincorporated property owners and Cary taxpayers.  Annexation of developed properties as allowed by the State ensures that everyone that benefits contributes to funding the government services and facilities needed.  Without the ability to annex, Cary residents would be carrying more than their fair share of the financial responsibility for the areas high quality of life. 

In addition, developed properties that exist within our designated service area and outside of our Town limits can produce inefficiency, duplication and unnecessary costs for the County and Town tax payers.  The existence of unincorporated residential areas on the outskirts of or as doughnut holes within existing municipalities can increase the County taxes municipal residents have to pay to support duplications in urban services such as police patrol, parks and recreation, solid waste disposal and others. 

Elimination of qualifying annexation areas over time reduces duplication of urban services and will help keep taxes lower for everyone, both inside municipalities and in the county.  As it is now, municipal residents are subsidizing the duplicative urban services that are provided by the county because municipal residents also pay county taxes.

 

VII. Impact on Unincorporated Property Owners

 

One of the main questions that residents with property proposed for annexation asks is “How much will this cost?”  While the answer will vary from property owner to property owner, the most significant financial impact for most potential annexes is the payment of municipal property taxes--both real and personal (including homes, cars, boats, etc.), the monthly solid waste fee, and an annual per vehicle license fee of $15.  The solid waste fee should be a reduction for most residents from their private collection service.  The vehicle license fee is dedicated toward Town transportation improvements and to support capital and operational funding for our Town’s transit system, C-Tran. One of the major misconceptions about cost is associated with public utilities.

No Requirement to Connect to Town Utilities - Property owners may continue to use their private well or septic system; there is no requirement to tie onto Town water and/or sewer once a property is annexed.   It is the sole decision of each individual property owner to determine when or if to connect to Town utilities. 

Cost of Town Utilities is Voluntary - With the exception of a small, monthly availability fee that may be charged if utilities voluntarily requested by adjacent neighbors extend to  a person’s property but he/she decided not to connect, all the costs associated with extension of utilities are purely voluntary.  Property owners would have to sign a petition to request any utility extensions to be subject to the associated utility costs.

Taxes Do Not Fund Water and Sewer Extensions – Funding for water and sewer extensions are paid from user development fees and utility rates, not from property taxes; therefore, the users of water and sewer fund the Town’s utility services.  This means that property owners who are not connected to the water and sewer system are not entitled to these services just because they pay Town property taxes.  Town taxes are used for general government services such as police, fire, parks, street improvements, and a variety of other Town department services.  In addition, Town utilities are optional for existing homeowners using private wells and septic systems. Prior to annexation occurring, each property owner is responsible for maintaining their private well or septic systems in a properly functioning state of repair.  After annexation of properties on well and septic systems, the Town has no obligation for repairing these private systems.

The following sections detail the financial impacts, benefits, utilities and impact of regulations.

Financial Impact

Upon annexation, new residents and property owners assume both the benefits and the full and fair responsibilities of living within the Town.  One such responsibility is payment of property taxes.  Yard waste pickup, nationally accredited and enhanced police service and fire protection, street maintenance, snow removal, street lights, reduced parks and recreation fees, ordinance enforcement, and capital contributions toward roads, parks, and open space will all be provided through these property taxes.

The net financial impact will be less than the 42 cents per $100 in assessed value (Town of Cary current property tax rate). To help illustrate this point and with the recognition that every situation is different and cannot be reasonably included in this document, the examples below are provided to illustrate the potential impact of Cary taxes on homes assessed between $150,000 to $300,000 at the 2003-2004 Cary tax rate of 42 cents per $100 in property value.  These are all averages and each property will be different.  The examples are based on solid waste fees and taxes in effect at the time of this program’s adoption; these may change in the future. The purpose is to give a realistic look at the potential financial impact from Cary’s taxes. 

Example for a residential property assessed at $150,000 

$150,000 x $.42 / 100 = $630 Cary’s annual property tax

Less:

–         10 cents per $100 assessed property value Wake County Fire District tax ($150 savings)

–         Estimated solid waste fee reduction if owner currently uses a private service ($125 savings)

–         Federal, State tax deductions* ($167 savings)
(*Based on 28 percent federal tax, 7 percent State tax)

=   With tax deductions: $188 annually ($15.67 monthly)
=   Without tax deductions: $355 annually ($29.58 monthly)

*         Property Tax Deduction:  This applies only for those owners that itemize deductions on their taxes.  Average federal and State tax rates were used.  Obviously, if the federal or State tax rate paid by an individual is lower or itemization does not occur the net tax impact will be greater. The figure without tax deduction would most likely represent someone that has no mortgage payments and/or takes no deductions.

Other examples for potential impact:

$200,000

=   With tax deductions: $291 annually ($24.25 monthly)
=   Without tax deductions: $515 annually ($42.92 monthly)

$250,000

=   With tax deductions: $395 annually ($32.91 monthly)
=   Without tax deductions: $675 annually ($56.25 monthly)

$300,000

=   With tax deductions: $499 annually ($41.58 monthly)
=   Without tax deductions: $830 annually ($69.58 monthly)

Taxes are collected according to the fiscal year schedule, which begins on July 1 and ends June 30.   A property owner’s first tax year begins when annexation takes effect and is prorated for the remainder of the fiscal year.  For example if the annexation effective date is June 30, 2006, the property taxes are assessed and typically must be paid no later than early January 2007 for the full fiscal year July 1, 2006 through June 30, 2007. 

Other savings may include reduction in homeowner’s insurance and elimination of monthly street light costs. Again, costs and savings differ based on individual circumstances.

How Cary Taxes Are Used:

The figure below represents how taxes are allocated among different areas.  It is important to note that none of these taxes are used to obtain bonds and/or to support expenditures for water and sewer plants or infrastructure construction; Cary’s utility services are totally supported by and accounted for within utility rates paid by utility customers, and Town-initiated annexes are not required to connect to utilities.  The percentage of the taxes that repay debt is for parks, roads and other general government facilities.

For details on budget allocations, please review a current copy of the Town of Cary’s Annual Budget, available online at www.townofcary.org.

Affects of Town Zoning on Properties:

Like most municipalities, Cary does have and enforces laws to help ensure the development and maintenance of healthy neighborhoods.  As in other communities, Cary’s regulations address safety, health, welfare and appearance.  Below is a list of what many property owners consider to be the most significant regulations.

Potential New Regulations for Newly Annexed Residents

*         Abandoned/nuisance vehicles are not permitted

*         Outdoor burning is prohibited for fire safety and air quality reasons

*         Signage – Most off-site directional signage is not allowed

*         Loud and disturbing noises are prohibited – In general, a limit of 60 decibel at an adjacent residentially zoned property line.

*         Minimum housing standards are established to ensure safe housing fit for human habitation

*         High grass over 8 inches within yards is regulated for safety reasons

*         Long term parking of travel vehicles must be in side or rear of residential properties

*         Changes to a grandfathered use/structure (Use/Structures that do not meet current setbacks or use regulations are allowed to continue until significant changes are proposed.)

*         Standards for installation of any new irrigation system.

*         Restrictions on expansion to non-conformities uses (e.g. farm animals in a non-agricultural zoning district)

What Cary Does Not Regulate:

*         Color of houses, roofs or accessory residential buildings

*         The number of pets or domestic animals

*         Landscaping on single family residential property

*         Whether property owners can have flags in their yards or similar items

*         Additional building code regulations above the State requirements

Upon the annexation effective date, the Town will assign a zoning designation that will be the best fit for the existing County zoning designation and not create non-conformities.  Typically, when the Town rezones properties that are currently used, non-conforming items related to the use of the property (i.e., items that do not conform to the Town zoning regulations and codes) are grandfathered.  This means that the non-conforming item may continue but could not be expanded to further the non-conformity. 

Upon the annexation effective date, property owners are also required to obtain building and related permits (plumbing, electrical, mechanical) for changes to their property from the Town of Cary Inspections and Permits Department.  Both the County and the Town enforce the same State Building Code, so the type of regulation enforced in this area will not change upon annexation. For most property owners, limited changes will be required on the use of property upon annexation, and every effort will be made to support the property’s existing use. 

In summary, newly annexed residents should not see a significant impact from Town regulations on the way they use their properties.

Benefits

Newly annexed residents receive benefits from being within the Town limits.  For example, in exchange for annexation, the Town commits to providing essential and high quality services to support new and existing development.  Upon the effective date of the annexation, new residents begin receiving services from Cary.  These services include weekly solid waste and recycling collection, street maintenance, police and fire protection, and other general government services.  More detail on these services and others benefits are listed below.

·         Low cost, weekly residential curbside recycling and yard waste collection

·         Low cost weekly residential garbage collection

·         Storm debris collection and street cleaning, including snow plowing

·         Yearly curbside leaf collection

·         Street maintenance including pothole repair and resurfacing for qualifying roads

·         Fast, dependable, and comprehensive police and fire protection services from nationally accredited departments

·         Priority access to lower cost and nationally accredited parks, recreation, and cultural resources facilities and programs

·         Low crime (safest city in North Carolina and consistently in the top 10 of all municipalities over 100,000 in America)        

·         Abatement of nuisances (e.g., overgrown yards, minimum housing codes)

·         Access to C-Tran, Cary's low cost transit service

·         Right to submit a request for sidewalks (see attached policy)

·         Right to vote in Town Council elections

·         Street lighting  (see attached policy)

·         Opportunity to choose to connect to public water and sewer (must meet policy requirements –see below)

·         Possible lower insurance rates

Street Maintenance & Improvement for Town-Maintained Roads

 

After the annexation effective date, the Town of Cary will initiate the process of taking over maintenance and improvement responsibility for all of the minor, local public roads in annexation areas from the North Carolina Department of Transportation (NCDOT).

 

Existing roadways within these subdivisions will remain the same with the exception of pothole repair and resurfacing for qualifying roads (non-curb and gutter streets will generally remain the same).  Street lighting and sidewalks along these streets are optional and are typically only installed by the Town upon request by the majority of the residents within the neighborhood.  Upon annexation, residents along a street may request additional street lighting, beyond that already installed, provided current street lighting does not meet Town standards and the request includes an approved petition (see attached policy for more details). For most residential subdivisions, there will be little to no change to the existing neighborhood’s physical environment after annexation.

 

Once these roads become Town-maintained, the Town of Cary Public Works and Utilities Department will provide the following services:

 

·         Street, sidewalk, and curb maintenance and repair;

·         Missing and broken storm drain or manhole cover replacement on public property;

·         Street sign installation, maintenance, and repair;

·         Maintenance of pavement markings;

·         Residential street sweeping;

·         Main thoroughfare street sweeping and flushing;

·         Street drainage structure maintenance and repair;

·         Mowing of grassed rights-of-way along main thoroughfares;

·         Storm damage cleanup on public rights-of-way; and,

·         Snow removal operations on public streets.

 

Each year Town of Cary staff hires an independent agency to provide a pavement condition survey for all Town-maintained streets. The Engineering Department establishes a recommended priority list for resurfacing based on an annual street rating.  These recommendations are voted on by the Cary Town Council.

 

 

North Carolina Department of Transportation-Maintained Roads

 

All major thoroughfares, and some collector streets and residential streets, in any annexation area will continue to be maintained by NCDOT. 

Private Streets

 

All existing private streets in the annexation area will remain privately owned and maintained.

 

Emergency Services

One of the significant benefits of being annexed is the fast and dependable service provided by the Town’s nationally accredited Police and Fire Departments.   The Police Department average response time is under 5 minutes in emergency situations and under 20 minutes in non-emergency situations.   The Cary Fire/Rescue Department provides fire suppression, emergency medical service in a first responder capacity, and technical rescue within the Town's corporate limits.  The Fire Department staff at stations is organized into three rotating shifts that provide 24-hour coverage.  Some of the Wake County volunteer fire departments have a combination of full time and volunteer positions; however, they do not provide 24-hour staff coverage at the fire stations.  The Town’s Fire Department typically responds with more staff than volunteer department.  Response times, 24 hour coverage and more people to assist can make a noticeable difference in emergency situations.

Town Water and Sewer Service:

Upon the effective date of Town-initiated annexation, the Town will be responsible for extending major trunk water mains and sewer interceptors.  Water and sewer service will be made accessible to the annexation areas such that the property owners within the annexation areas will be able to secure individual water and sewer service in accordance with the Town’s utility extension policy (see attached Policy Statement 23 for more detailed information on extension and connection to utilities). 

Proposed trunk water mains and sewer interceptors that are not already in operation must be constructed by the Town within two years of the effective date of annexation.  The proposed trunk water mains and sewer interceptors do not include local water and sewer mains extended into subdivisions that are typically constructed along the street frontage.

 

Provided they meet the requirements of the Town’s Utility Connection Policy, owners of annexed property are assured the opportunity to voluntarily connect to Cary's high quality, reliable water and sewer systems, enabling them to do away with their well and septic systems and the associated maintenance costs.  Extensions of water lines include the installation of fire hydrants to enhance the fire protection provided to the area.  Property owners within annexed areas are not required by the Town of Cary to connect to Town water and sewer services; it is up to each individual property owner to decide whether he or she wants to connect to Town utilities and when. 

 

Please note, however, that in cases where a private system fails or no longer meets the dema