Loading...
HomeMy WebLinkAboutRES-2001-019 Resolution Regarding Legislative Matters-Xas- 2 ©a1 -o1 79 NORTH CAROLINA RESOLUTION REGARDING ORANGE COUNTY LEGISLATIVE MATTERS " BE IT RESOLVED by the Board of County Commissioners of Orange County that the Board hereby requests the Senators and Representatives representing Orange County to introduce and support the following legislative matters: 1. AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY A TAX ON THE IMPACT OF LAND DEVELOPMENT FOR THE PURPOSE OF GENERATING REVENUES TO PAY PART OF THE COSTS OF SCHOOL CAPITAL FACILITIES (Exhibit A) ; 2. AN ACT TO AUTHORIZE CITIES AND COUNTIES IN NORTH CAROLINA WITH POPULATIONS OF 100,000 TO ENACT ORDINANCES PROHIBITING DISCRIMINATION (Exhibit B); 3. AN ACT AMENDING AN ACT AUTHORIZING ORANGE COUNTY TO REGULATE OPEN BURNING (Exhibit C). Upon motion of Commissioner Jacobs, seconded by Commissioner Carey, the foregoing resolution was adopted this the 6th day of March, 2001. s5 I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on March 6, 2001 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. 30 of the minutes of said Board. WITNESS my hand and the seal of said County, this 7th day of March, 2001. of IC \11'111 a$ Clerk to t Board �of C issioners Exhibit A A BILL TO BE ENTITLED AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY A TAX ON THE IMPACT OF LAND DEVELOPMENT FOR THE PURPOSE OF GENERATING REVENUES TO PAY PART OF THE COSTS OF SCHOOL CAPITAL FACILITIES The General Assembly of North Carolina enacts: Section 1. The following definitions apply to this act: (1) Commercial building enclosed floor space. All enclosed floor space used for any purpose except: a. dwelling units and accessory structures to dwelling units; b. recreational facilities constructed as part of a residential development and used primarily by residents of the development; C. buildings owned by the United States, the State of North Carolina, any county or any municipal. corporation; . d. buildings owned and operated by non - profit entities for noncommercial and nonresidential purposes; e. schools or day care centers. (2) Dwelling Unit. An enclosure containing sleeping, kitchen, and bathroom facilities designed for and used or held ready for use as a permanent residence by one family. (3) Land development. a. Land development shall mean: 1. construction of any dwelling unit, other than one excluded under subsection (b) of this Section, for which a building permit was issued or should have been issued after the effective date of an ordinance adopted under this act; 2. construction of any commercial building enclosed floor space for which a building permit was issued or should have been issued after the effective date of an ordinance adopted under this act; 3. conversion of a building that adds one or more new dwelling units or that creates new commercial building enclosed floor space; or 4. the initial location of a manufactured home or other dwelling or commercial structure within Orange County. b. For purposes of determining the impact of land development for this act, land development shall not include: 1. construction of an addition to a dwelling unit; 2. the relocation within Orange County of any structure located within the County, on the effective date of an ordinance adopted pursuant to this act or any structure with respect to which an impact tax pursuant to this act has been paid; 3. within the County, the reconstruction or replacement of one dwelling unit by another or the replacement or reconstruction of commercial building enclosed floor space that was in existence on the effective date of an ordinance adopted pursuant to this act or of any such floor space with respect to which an impact tax adopted pursuant to this act has been paid. (4) Net proceeds. The gross proceeds of the tax less the cost to the County of collecting and administering the tax. (5) Person. An individual, partnership, corporation, or other legal entity. (6) Person responsible for the impact of land development. The owner of any dwelling unit or commercial building enclosed floor space on the date an occupancy permit is issued for such dwelling unit or commercial floor space or, if no such permit is issued, the date the dwelling unit or commercial floor space is occupied. Section 2. Authorization. The Orange County School Capital Impact Tax. (a) Except as provided in subsection (b) of this Section, Orange County may adopt an ordinance levying a tax on the impact of land development within the County and provide for the administration, enforcement and collection of the tax. (b) Orange County may not adopt an ordinance pursuant to this act if any ordinance pertaining to a system of impact fees to provide for capital improvements to public schools within Orange County, adopted pursuant to Sections 17 -18.1 of Chapter 460 of the 1987 Session Laws and Chapter 324 of the 1991 Session Laws, is in effect. Section 3. Use of Tax Proceeds. The purpose of the tax authorized by this act is to generate funds to partially offset the cost of constructing new school capital facilities or replacing, expanding or improving existing school capital facilities necessitated in part by new growth within Orange County. 'Accordingly, the net proceeds generated by the tax authorized by this act shall be deposited by Orange County in its capital reserve improvements fund or funds established under Part 2 of Article 3 of Chapter 159 of the General Statutes and may be expended, to the extent otherwise authorized by law, only for capital improvements projects related to public schools. Section 4. Liability; Administration. An ordinance adopted pursuant to this act shall provide that: (1) A person responsible for the impact of land development shall pay an impact tax for each square foot of dwelling space and commercial building enclosed floor space for which an occupancy permit is issued or, if no such permit 6 is issued, for each square foot of dwelling space in an occupied dwelling and for each square foot of occupied enclosed floor space in a commercial building. (2) The tax -shall be due on or before the date an occupancy permit is initially issued for the dwelling unit or commercial building enclosed floor space in question or, if no such permit is issued, the date such dwelling unit or commercial floor space is initially occupied. However, no tax due shall be considered delinquent until sixty (60) days after the tax becomes due. There shall be added to delinquent taxes interest at the legal rate. (3) Taxes authorized by this act may be collected pursuant to G.S. 153A -147 or G.S. 160A -207. In addition, taxes authorized by this act may be recovered in a civil action in the nature of debt including an award of-reasonable attorney fees as part of costs. Section 5. Rates. Orange County shall establish annually at the time of the adoption of its annual budget the tax rate to be levied per square foot of dwelling space and per square foot of commercial building enclosed floor space for the ensuing fiscal year. Different tax rates may be established for different types of dwelling units and different types of commercial building enclosed floor space. Section 6. Provisions for repeal of other local acts, disclosure requirements and effective date. (a) Orange County may repeal all or part of an ordinance pertaining to a system of impact fees to provide for capital improvements to public schools within Orange•County, adopted pursuant to Sections 17 -18.1 of Chapter 460 of the 1987 Session Laws and Chapter 324 of the 1991 Session Laws. With respect to an ordinance pertaining to a system of impact fees to provide for capital improvements to public schools within Orange County, Orange County may not adopt an ordinance-pursuant to Sections 17 -18.1 of Chapter 460 of the 1987 Session Laws and Chapter 324 of the 1991 Session Laws while an ordinance adopted pursuant to this act is in effect. Section 7. Disclosure Requirements. Whenever the sale of real property located in Orange County involves new construction, the seller shall prepare and sign, and the buyer shall receive and sign, a disclosure statement. The disclosure statement shall either be included in a contract of sale or contained in a separate document executed prior to the execution of a sales contract. This disclosure statement shall fully and completely disclose that the owner of the property at the time an occupancy permit issued for the new construction or, if no occupancy permit is issued, the date the new construction is occupied, may be subject to a tax levied by the County on the impact of land development. If a seller fails to make such a disclosure and the buyer suffers injury as a result of the seller's failure to disclose, the seller shall be liable to the buyer to the extent of the buyer's injury. Section 8. Refunds. If this act or any ordinance adopted under this act is declared to be unconstitutional or otherwise invalid, by a final decision of a court of competent jurisdiction, then any impact taxes collected under this act shall be refunded to the person paying them together with interest at the same rate paid by the Secretary of Revenue on refunds for tax overpayments. Section 9. Limitations on Actions. (a) Any action contesting the validity of an ordinance adopted under this act must be commenced not later than nine months after the effective date of such ordinance. (b) Any action seeking to recover an impact tax must be commenced not later than nine months after the impact tax is paid. Section 10. This act applies to Orange County only. Section 11. This act is effective when it becomes law. mydocuments /impactbill.doc Exhibit B A BILL TO BE ENTITLED AN ACT TO AUTHORIZE CITIES AND COUNTIES IN NORTH CAROLINA WITH POPULATIONS OF 100,000 TO ENACT ORDINANCES PROHIBITING DISCRIMINATION The General Assembly of North Carolina enacts: Section 1. The governing body of any city or county is hereby authorized to adopt an ordinance (hereinafter "an Ordinance" or "the Ordinance ") designed to prohibit discrimination in employment, housing, and public accommodations. The bases of discrimination which may be prohibited include, but are not limited to, race, color, religion, gender, national origin, age, disability, marital status, familial status, and veteran status. Section 2. The governing body of any city or county within the State that has adopted an Ordinance may, in the Ordinance,, adopt procedures and delegate powers to a Human Relations Commission (hereafter "the Commission ") which are necessary and proper for carrying out and enforcing the Ordinance. To assist in the enforcement of the Ordinance, the Commission has, but is not limited to, the following powers: (1) Receiving and reviewing complaints that allege a violation of the Ordinance has occurred, is occurring, or is about to occur; (2) Conducting investigations into the basis of complaints. In this regard, the Commission may issue subpoenas compelling the production of documents or compelling witnesses, or both, to appear before the Commission to give testimony and to take depositions and serve interrogatories in accordance with the North Carolina Rules of Civil Procedure. In the event any person refuses to comply with a subpoena or discovery request, the Commission may apply to the superior court for an order to compel compliance with the subpoena or discovery request. Information and records discovered by the Commission during an investigation or conciliation, may be maintained in confidence by the Commission and are not subject to the provisions of G.S. 132 -6 and G.S. 132 -9 until and unless they are offered into evidence in a judicial proceeding authorized by this act and an Ordinance; (3) Applying to the superior court for mandatory and /or prohibitory injunctive relief pursuant to Rule 65 of the North Carolina Rules of Civil Procedure if it determines, after a preliminary investigation, that prompt judicial action is necessary to carry out the purposes of the Ordinance; (4) Making a determination of whether or not there is reasonable cause to believe that an unlawful discriminatory practice has occurred, is occurring, or is about to occur; (5) Dismissing complaints in such cases as the Commission determines that reasonable cause does not exist; (6) Issuing a right -to -sue letter to any complaining party where the Commission has failed to make a determination on the issue of reasonable cause in a timely manner; determines that reasonable cause does not exist; where conciliation efforts have failed; and where the Commission has made a determination that there is probable cause to believe that discrimination took place; (7) Attempting to conciliate a resolution of the complaint between the parties; (8). Entering. into conciliation agreements in such instances where conciliation efforts have been successful; and (9) administrative cause determinations. The city or county enacting an Ordinance may in the Ordinance delegate the powers of the Commission under this act and the Ordinance to an Administrative Department of the city or county. Section 3. The Ordinance may provide that complainants who receive a right -to -sue letter from the Commission may bring a civil action in superior court against the respondent within one year of the issuance of the right -to- sue letter. The Ordinance shall provide that in a civil action filed which seeks damages from the respondent, either the complainant or the respondent may request, and upon request, is entitled to a jury trial. The superior court judge or jury, as appropriate, shall be authorized to impose mandatory and prohibitory injunctive relief; compensatory . damages; and, unless otherwise prohibited by law, punitive damages; and any other appropriate relief, provided that: (1) Punitive damages may be ordered only if the fact finder finds that the respondent engaged in a practice made unlawful under the Ordinance with malice or with reckless indifference to the protected rights of the complainant; and (2) In cases involving unlawful employment practices, the fact - finder may order reinstatement, hiring, and /or back pay. In any action brought in the superior court pursuant to the Ordinance, the court may allow the prevailing party reasonable costs and attorneys' fees from the other party or parties. Attorneys' fees, however, may not be awarded to the Commission, and a prevailing respondent may be awarded court costs and reasonable attorneys' fees only upon a showing that the case is frivolous, unreasonable, or without foundation. Section 4. The governing body of any city or county within the State that has adopted an Ordinance may enter into worksharing agreements with the State and the federal government. Section 5. If an Ordinance is adopted by a county, it applies to any part of the county not within a municipally incorporated city, town, or village in the county. The governing board of a city, town, or village within the county adopting an ordinance may, by resolution, permit an Ordinance adopted by the county to be applicable within its corporate boundaries. A city, town, or village may, by resolution, withdraw its permission. If it does so, it shall_ give .written notice to the county of its withdrawal of permission. Thirty days after the date the county receives the permission withdrawal notice, the Ordinance ceases to be applicable, within the city, town, or village. Section 6. This act applies to cities and counties with a population equal to or in excess of 100,000 people. Section 7. This act is effective when it becomes law. lsg: orangecounty \antidiscdraft.hrc.doc Exhibit C A BILL TO BE ENTITLED AN ACT AMENDING AN ACT AUTHORIZING ORANGE COUNTY TO REGULATE OPEN BURNING The General Assembly of North Carolina enacts: Section 1. Section 3 of Session Law 2000 -107, House Bill 1768, reads as rewritten: Section 3. Section 1 of this act applies to Carteret, Orange, and Pender Counties only. Section 2 of this act applies to Orange County only, pEeelnets.. Section 2. This act is effective when it becomes law. lsg :orangecounty\openburnbill.doc Z,