§ 153A-471. Unified government. - North Carolina Statutes

Article 24.

Unified Government.

§ 153A‑471.  Unified government.

(a)        Except as provided in this section, the powers, duties,functions, rights, privileges, and immunities of a city are vested with anycounty that has either:

(1)        No portion of an incorporated municipality located withinits boundaries; or

(2)        One incorporated municipality located within the county, butthe land area of that municipality is located primarily in another county andconsists of less than 100 acres within the county exercising powers under thisArticle.

(b)        All of the following shall apply to any county exercisingthe powers, duties, functions, rights, privileges, and immunities of a cityunder this Article:

(1)        It may not exercise any such powers, duties, functions,rights, privileges, and immunities outside the boundaries of the county.

(2)        Article 4A of Chapter 160A of the General Statutes(Extension of Corporate Limits) does not apply.

(3)        Article 5 of Chapter 160A of the General Statutes (Form ofGovernment) does not apply.

(4)        Article 7 of Chapter 160A of the General Statutes(Administrative Offices) does not apply.

(5)        Article 13 of Chapter 160A of the General Statutes (LawEnforcement) does not apply.

(6)        G.S. 153A‑340(b) (Zoning of Bona Fide Farms) shallapply to all areas within the county boundaries.

(7)        The provisions of Chapter 163 of the General Statutesrelating to municipal elections do not apply except to the extent they appliedto the county absent this Article.

(8)        If the county is subject to this Article under subdivision(a)(2) of this section, it may not exercise any such powers, duties, functions,rights, privileges, and immunities within the corporate limits of themunicipality located partly within the county.

(c)        The board of commissioners may by ordinance provide thatthis Article does not confer the power, duty, function, right, privilege, orimmunity of a city upon the county as to a specific power, duty, function,right, privilege, or immunity, and as to such specified power, duty, function,right, privilege, or immunity it shall not be considered as a city.

(d)        If the board of commissioners exercises any power, duty,function, right, privilege, or immunity authorized under both Chapter 153A andChapter 160A of the General Statutes, and those statutes conflict, the board ofcommissioners shall state in their minutes under which Chapter the power, duty,function, right, privilege, or immunity is being exercised. (2005‑35, s. 1; 2005‑433, s. 10(a).)