To incorporate or not (crime, major, park, development)

[xray731]

We recently moved down with our son to a rural area outside of Prattville. Al. It's a beautiful area with many subdivisions but now the specific area wants to incorporate to prevent overgrowth of the area. I'm very unfamiliar with this and the reasons given were so that they would receive gov't money - which they don't get now and to keep the area contained vs having too many subdivisions popping up all over.

My son is on the fence as he feels that it will raise the taxes due to the fact this incorporation, while getting a small share of money, will end up having to make their own contracts with services such as ambulances, trash pick up ect.

What is everyone's thoughts or have any of you gone through this and what were the results. The vote is coming up on 9/26 and I'd like to have more info - pro and con - before I vote.

[Hemlock140]

We moved here in 1993, and were unincorporated, subject to county regulation. Then we incorporated in 1999. By then the county had already approved way too much development and it continued until the new city council was able to set a temporary moratorium until they could develop their own master plan. Eventually it became much more balanced, with fewer woods being clearcut, more parks developed, and improvements in the infrastructure. Because of the high property values the city has enough property tax funds to keep things maintained. In fact during the recession of 2008 the only city staff layoffs were in the building permit section, due to lack of work. A few years ago several new councilmembers were elected and they started to approve a lot more new home developments again. In the next election cycle they were all replaced by the voters in favor of new slow-growth advocates. The main improvement from incorporation was local control. The county council back then was concerned about the whole county, and we had little say in what they did. Our contracted police services are doing great, with very low crime, and we are generally happy with the contracted trash services. Out taxes are going up every year but mostly due to higher property values. We paid $190k in 1993, currently we are appraised at $1.3 million.

[xray731]

TY so much for your input. Right now the sheriffs cover us and I'd expect that to continue but I assume they'd have to have a new contract with them if they incorporated.

[ckhthankgod]

This may be a matter of if you are getting the services you need currently or not. A lot of moves to incorporate is due to services, as some unincorporated areas don't get all of the services they need or may not get the services in an efficient manner. So, that is something to consider in terms of the services that are or aren't available.

[pvande55]

While it differs by State, the most common reason to incorporate is to have control over land use. Otherwise it reverts, usually to the County. They might approve a landfill or power plant across the road in the extreme example. Probably the second most common reason is to keep another city from taking control, as in most States cities cannot annex parts of other incorporated municipalities.

[xray731]

Thank you all - I at least understand why they want to incorporate.

Could you possibly give me a reason(s) why it isn't a good idea - beside the possibility that taxes would be higher. Just the past few days I've seen a lot of signs to vote against incorporating.

As I said it's rural but the area we are in comes out on one of the major bypasses to the thruway and we're not far from the intersection. Traffic is busy enough as far as I'm concerned.

[Hemlock140]

I can only think of one real disadvantage, and that's the lack of experience and funding for the initial operations. In your rural area it could take a substantial property tax increase to cover the financial shortfall. What I saw here and in another place I lived is the perception by some residents that by becoming a city they will lose their small town rural feel, and suddenly there ill be huge developments, street lights and shopping malls. The fact is that with local control growth can be managed, and such a change is more likely under county control.

[engineman]

In this area a number of small cities contract with the county sheriff to provide police protection.

[IC_deLight]

Originally Posted by xray731

Thank you all - I at least understand why they want to incorporate.

Could you possibly give me a reason(s) why it isn't a good idea - beside the possibility that taxes would be higher. Just the past few days I've seen a lot of signs to vote against incorporating.

As I said it's rural but the area we are in comes out on one of the major bypasses to the thruway and we're not far from the intersection. Traffic is busy enough as far as I'm concerned.

An incorporated area means you've formed a new layer of local government which can impose restrictions and mandates over the property and citizens. The level of mandate and restrictions are going to depend upon the law of the state you are in. For example, some powers might be:


i) the power to impose zoning - therefore making some land uses unlawful that were previously lawful

ii) additional authority to adopt ordinances restricting land use - therefore making other land uses unlawful that were previously lawful such as raising different kinds of animals, growing crops, or running various types of businesses.

iii) taxes

iv) forcing tap fee and mandating you become a customer of municipal utilities including water, wastewater

v) outlawing septic

vi) outlawing water wells
•••

In addition, in some states municipalities have a further limited ability to restrict uses in the "extra territorial jurisdiction" which is a defined area outside the municipal boundaries.

Incorporation is also used as a defense to defeat the risk of being annexed by a neighboring municipality.

[xray731]

TY for that info! I talked to another resident who has been here for a long time and asked what they thought. He's in favor of it as he said even though there is a fire station 5 minutes away - it's not manned and when there is a fire they depend on another city's fire dept to respond. That's a concern.

Another one you raised which concerns me is the ability of the new incorporation to outlaw certain dog breeds. We have a pit mix who is 11 yrs old and a good old girl - there are towns in the state that prohibit them and why we checked before moving here on whether she could come with us as I won't give her up.