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Chatham
County Planning Department |
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80-A
East Street • P.O. Box
54 • Pittsboro, NC 27312
919/542-8204 (P) • 919/542-2698 (F) |
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GENERAL
RELATED LINKS
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Frequently Asked Questions Regarding the
Joint Planning Effort between Chatham County and the Town of
Cary |
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Q: What exactly is the Chatham-Cary Joint Land
Use Plan?
A:
The Joint Land Use Plan will establish the official long-range
direction for growth and development in the study area, which is
generally located east of Jordan Lake, west of the Wake County
Line, south of the Durham County Line, and north of White Oak
Creek. Once completed, the Joint Plan will establish a common
long-term vision for future land uses, transportation, parks,
open space, and the environment. |
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Q: What is the purpose of the Open House on June
7, 2006 at North Chatham Elementary School?
A:
The meeting is a project “kick-off” meeting where citizens can
learn about and talk with County and Town staff about the
planning process. You can also view maps and displays to get a
better understanding of the local and regional context of the
study area. This meeting is also an opportunity for you to
share your wishes, concerns, and suggestions with County and
Town staff. |
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Q: Does that mean that the Plan hasn’t been
prepared yet?
A:
Correct. The June 7th meeting is a public “kick-off” for the
planning process, which will occur over the summer and fall. |
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Q: Why is this Plan being prepared ?
A:
In response to increased growth and development pressures in
this part of the Triangle over the last several years, the
Chatham County Board of Commissioners and the Cary Town Council
passed joint resolutions in December 2005 to work as partners in
developing a long-range land use plan for this portion of
Chatham County. |
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Q: Once completed, how does the Plan become
official?
A:
In order for the Plan to become official, it must ultimately be
adopted by separate acts of the Chatham County Board of
Commissioners and the Cary Town Council. |
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Q: Once
completed, how will the Plan be used?
A:
The Plan will become an official policy document, expressing
both Chatham County’s and the Town of Cary’s official long-range
vision for the area. The Plan will be used by these two local
governments to help guide infrastructure planning (roads, water,
sewer, parks, etc.). Both Chatham and Cary staff and officials
will use the Plan to evaluate private development and zoning
proposals submitted to either of these local governments. All
future development and zoning proposals submitted to these local
governments will be evaluated against the recommendations of the
Plan. Lastly, private landowners, area residents, and
businesses will use the Plan to help guide their own investment
decisions. |
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Q: Will
adoption of the Land Use Plan change my zoning?
A:
No. The Land Use Plan is only a policy document, and
will not change either Chatham County’s or Cary’s Zoning Maps or
Ordinances. Changes in zoning must follow a separate process. |
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Q: Will adoption of the Land Use Plan cause my
property to be annexed?
A: No.
This Plan will be a policy document establishing
a common long-term vision for future land uses, transportation,
parks, open space, and the environment. It is not an annexation
ordinance or proposal. |
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Q:
Will my taxes increase as a result of the Joint
Land Use Plan?
A:
The development of a joint land use plan will not
result in an increase in your taxes. As described in a
preceding question, this policy planning effort is not an
annexation plan, and will not result in any Town-initiated
annexation. Thus, properties within the study area that are
outside Cary’s municipal limits will continue to just pay
Chatham County property taxes, while properties within the study
area that are currently within Cary’s limits (such as Amberly
and Weldon Ridge) will continue to pay both Chatham County and
Town of Cary property taxes.
The
value of your property is established by the Chatham County Tax
Office during their re-evaluation every 4 years, with the last
one occurring in 2005. You can view information about the tax
department’s re-evaluation process at the following website
under the Appraisal heading:
http://www.co.chatham.nc.us/dept/tax/web/TaxHome.htm
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The County tax rate is set by the Chatham Board of Commissioners
annually. Similarly, the Cary tax rate is set by the Cary Town
Council annually. Both bodies are currently reviewing their
next fiscal year budget to determine next year’s tax rates. Tax
rates are applied and do not change based on where you live
within a jurisdiction. |
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Q:
Will property owners within the study area be
forced to obtain water and sewer from Cary or otherwise have to
pay if it is made available but they do not use these services?
A:
No. The Chatham-Cary Joint Land Use Plan is an effort to map
out the long-range direction for future development within the
study area, regardless of whether such growth happens under
Chatham's or Cary's jurisdictions. In fact, one of the issues
to be explored in this planning process is that of identifying
and developing a common governmental policy with respect to when
and where future development would be best served
by either private well and septic systems, community package
systems, or municipal water or sewer. As a side note, while the
Town of Cary typically requires new subdivisions being
constructed within its corporate limits to connect to municipal
utilities, the Town has no policy requiring existing
subdivisions to connect, whether inside or outside of Cary. |
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Q:
Will property owners within the study be subject
to the development ordinances that Cary has adopted but that
Chatham County has not adopted?
A:
If a property is located in Chatham County but not within the
Cary municipal limits, then that property is only subject to
Chatham County development ordinances, and any requests for
development plan approval and building permits must be submitted
to Chatham County.
Development plans submitted for approval to
Chatham County will be subject to Chatham County development
regulations.
If a property is
located both within Chatham County and also within the Cary
municipal limits (such as is the case for portions of Amberly
and Weldon Ridge), then that property is subject to Town of Cary
development ordinances, and any requests for development plan
approval and building permits must be submitted to the Town of
Cary. Other Town of Cary ordinances also only apply to
properties located within the Town of Cary. |
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Q:
Why is Cary interested in planning for this
area? Why is Chatham County?
A:
Cary has and is continuing to receive voluntary
annexation requests from property owners and developers of land
in Chatham County. Similarly, Chatham County also continues to
receive subdivision requests in this area. But, neither Chatham
County nor the Town of Cary has an adopted Land Use Plan Map for
this specific area to help guide and direct future growth.
(Chatham County does have a countywide Land Conservation and
Development Plan, but it does not include a Land Use Map to
apply specific policy recommendations to specific geographic
areas. This document can viewed at the following website:
http://www.co.chatham.nc.us/dept/planning/planning_dept/ordinances/ordinances.htm
) .
Regardless of whether future development within the study area
occurs under Chatham County or the Town of Cary, both local
governments share a common interest in sound growth planning,
including environmental protection for the Jordan Lake water
supply. In fact, one goal of this plan will be to jointly
recommend reasonable and appropriate future land use types,
densities, and infrastructure for this environment, in order
that both local governments can be assured of adequate
protection of the water supply. |
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Q: Does the Town of Cary have an
extraterritorial jurisdiction (ETJ) in Chatham County, if so how
far does it extend, and what is an ETJ?
A: The Town of Cary does not
have an ETJ in Chatham County. An ETJ is an additional area
beyond a municipality’s corporate limit where the municipality
exercises land use controls, such as subdivision, zoning, and
watershed regulations and issuing building permits. In Chatham
County, the Town of Pittsboro and Town of Siler City have an ETJ,
whereas the Town of Goldston and Town of Cary do not. To view a
map with municipalites in Chatham County and the ETJ's for
Pittsboro and Siler city
click here.
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Q: How can residents and landowners participate
in this planning process?
A:
By attending community forums such as the one this evening, and
by communicating directly with Planning and other staff from
Chatham County and the Town of Cary, either in writing, via
email, by phone, or in person. The planning approach that was
specified by the Joint Resolution (of the Chatham County Board
of Commissioners and Cary Town Council, in December 2005)
recommended that community meetings be held in order to gather
input from residents and landowners within the study area. |
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Q: What are the next steps in the process, after
today?
A:
In their December 2005
joint
resolutions, the Chatham Board of Commissioners and the Cary
Town Council proposed a draft project schedule. At present,
we’re running behind schedule, so following the June 7th meeting
the joint planning staffs will report back to their elected
bodies for updated direction and revisions to the project
schedule. However, once a draft plan is ready for public
review, we will schedule another community open house, similar
to the June 7th meeting, where area residents and landowners can
provide comment and feedback. |
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Q: How will I learn about future community
meetings?
A:
All area landowners will continue to be notified of community
meetings by a direct mail postcard. If you are not a landowner
of record in the study area, but wish to receive mail
notification, please forward your mailing address to
joint.plan@ncmail.net
and indicate that you want to be added to the distribution
list. Public meetings will also be advertised on the project
Web page. |
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Q. I’m
still concerned that someday my property may be annexed against
my wishes. What are the state laws regarding Town-initiated
annexation?
A. Under
NC state law, there are very strict tests that must be satisfied
in order for any municipality to initiate the annexation
of a property. The subject parcels must be:
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Adjacent to the
municipality’s Town limits; and
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Have a total population
density of at least 2.3 persons per acre;
Or
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Have a total population of
at least 1 person per acre and be subdivided into lots such
that at least 60% of the total acreage within its boundary
consists of lots 3 acres or less in size and of these lots
at least 65% of the total number of lots are 1 acre or less
in size;
Or
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The land must be so
developed that at least 60% of the total number of lots and
tracts are used for residential or non-residential purposes
and the residential properties are subdivided such that at
least 60% of the total acreage consist of lots 3 acres or
less in size.
If none of these
situations apply to your property, you cannot be annexed
by a municipality unless the owner(s) of the land specifically
request to be annexed. Since the vast majority of the existing
residential properties are larger than three acres in size in
this part of Chatham County and/or the properties are not
adjacent to Cary’s existing Town limits only a handful of
residential properties even qualify for Town-initiated
annexation.
You can also view the North Carolina
General Statutes references here:
Voluntary
Annexations,
Voluntary Satellite Annexations,
Involuntary
Annexations for Municipalities with a Population over 5,000 |
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Q:
What is the alternative
to developing a joint Chatham-Cary Land Use Plan?
A:
In the absence of a joint plan, Chatham County and the Town of
Cary could either continue to use their individual existing
Comprehensive Plans and development policies, or they could
update those plans and policies individually. |
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Q. Are
municipalities allowed to cross County Lines? What is Cary’s
status in Chatham County?
A.
Cary is one of four municipalities in Chatham County, the other
three being Pittsboro, Siler City, and Goldston. In North
Carolina, municipalities are a separate unit of government from
counties, and are chartered by the state for different
purposes. In North Carolina, municipalities are free to cross
county lines, and this is in fact a regular occurrence in the
state. For example, in the Triangle area, the City of Raleigh
crosses over into Durham County, the City of Durham crosses over
into Wake County, and the Town of Chapel Hill crosses over into
Durham County. Also, extensions of municipal limits does not
require County consent or approval in North Carolina. This is
true for all 100 counties in North Carolina. However, County
approval is required to grant a municipality extraterritorial
zoning jurisdiction beyond its corporate limits. |
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Q.
Why is Cary allowed to draw water from Jordan Lake Reservoir?
A.
The Jordan Lake Reservoir is a federal facility, owned and
operated by the U.S. Army Corps of Engineers as a regional
reservoir. It is not a county-owned lake. In fact it was
originally constructed with the intent of serving areas such as
western Wake County, as well as Chatham County. Water
allocations from the reservoir are granted by the North Carolina
Division of Water Resources (NC DWR). The NC DWR weighs and
considers reservoir water allocation requests from numerous
local governments, including applications from Chatham County,
Cary and Apex, as well as from local governments far removed
from the Triangle.
For more
information about Jordan Lake click
here.
For more
information about water allocation from the reservoir by the NC
Division of Water Resources click
here. |
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