Wake County Land Use Plan

Wake county has adopted a Land Use Plan that stipulates that a municipality must show conformance to 7 Criteria.  Conformance to all 7 do not guarantee that the county will approve the ETJ.  “In addition to conformance with the criteria, the Board of Commissioners will also consider the opinions of residents and property owners in the area requested for ETJ, and shall include those opinions in its consideration.”

The Land Use plan is located here

http://www.wakegov.com/planning/growth/Pages/lup.aspx

Chapter IV deals with ETJ

http://www.wakegov.com/planning/growth/Documents/ChapterIVExpansionofMunicipalPlanningJurisdictions.pdf

(1) Classification as Urban Services Area:
The area proposed for ETJ expansion should
be classified as Urban Services Area
associated with the municipality.
(2) Commitment to Comprehensive
Planning:
The municipality should demonstrate a
commitment to comprehensive planning,
preferably including adopted land use, public
facilities and transportation plans, engineering
studies, and a capital improvements program
(CIP) including funding to implement the CIP.
This commitment must be demonstrated
through official actions by the governing body

(3) Adoption of Special Regulations:
(a) Where the municipality proposes
ETJ expansions along major
transportation corridors designated by
the County as Special Transportation
Corridors, the municipality should have
adopted, and be willing to apply,
regulations comparable to those for
Special Transportation Corridors.
(b) Where the municipality proposes
ETJ expansions within a water supply
watershed, the municipality should
have adopted, and be willing to apply,
water supply protection policies and
provisions that meet or exceed the
applicable State water supply
watershed regulations or an adopted
Plan for the water supply watershed.
(c) For evaluating an ETJ expansion
request, the municipality’s application of
such special regulations to its existing
ETJ should be considered as evidence
of its willingness to apply these special
regulations.

(4) Municipal Water and Sewer Service: The
municipality should show how the area
proposed for ETJ expansion will be served by
water and sewer service within five (5) years of
the effective date of ETJ extension. The
systems should be designed with adequate
treatment capacity and adequately sized major
trunk line extensions to service the area
proposed for ETJ expansion. The municipality
should include needed improvements in its
capital improvements program.

(5) Evidence of Feasibility for Urban Density
Development:
Areas proposed for ETJ extension by a
municipality should be capable of being
developed to an average density feasible for
municipal annexation. This criterion is closely
related to the ability of a municipality to serve
the area with water and sewer service in
accordance with its plan for development.
(6) Annexation Within Ten Years:
ETJ extensions should only be granted for areas
anticipated to be substantially developed and
annexed within ten (10) years. The ten year
period projection should be used as a guideline,
and is adopted with the understanding that
actual progress in development and annexation
of a given ETJ area may vary from that
originally projected at the time of ETJ extension.
To determine the potential for annexation within
ten (10) years the following should be
considered: relevant County and Municipal
plans and policies, past development
experiences, and previous projections.
(7) Existing ETJs:
When a municipality requests additional ETJ,
the municipality must demonstrate its progress
in annexing and supplying municipal services,
especially water and sewer, throughout the
entirety of its existing ETJ. For all areas of ETJ
granted after May 2, 1988, the municipality
must specifically address its progress in
complying with the criteria under which that ETJ
was originally granted. An ETJ expansion may
be granted to a municipality only when it
demonstrates substantial progress in meeting
this criteria.

 

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