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HomeMy WebLinkAboutAgenda - 01-12-1995 - 1a FY 1993-94 ANNUAL REPORT ORANGE COUNTY EDUCATIONAL FACILITIES IMPACT FEE ORDINANCE December, 1994 Background The Educational Facilities Impact Fee Ordinance was adopted on June 7, 1993. The ordinance requires that a report be made to the Board of County Commissioners each year showing. • Where public school impact fees have been collected; • What projects have been constructed with such fees; and • What reimbursements have been made. The Board of County Commissioners is also required to review the report to determine if, within each benefit area, all areas of new construction are being benefitted by the fees. If the Board determines that areas of new construction are not being benefitted, then it must readjust the capital improvements program to correct the condition.If, after review of the methods and data used to calculate the Schedule of Public School Impact Fees, the Board determines that adjustments are required in the Schedule, then it shall direct the County Manager and staff to prepare a report which outlines recommended changes for its consideration. Collection of Fees Public School Benefit Area Trust Funds. Public school impact fees collected by Orange County pursuant to this ordinance are kept separate from other revenue of the County.A separate trust fund has been established for each of the benefit areas corresponding to the school district boundaries illustrated on the attached map labeled Public School Benefit Areas. Revenues collected in each school district are shown in the table below. I1VJ€PtC ` Tl<t1IST FUND REVENUES .! FY 1993-94 FY 1994-95 School District (7/1/93-6/30/94) (7/1/94-10/31/94) Total Orange County Impact Fees $ 111,750 $ 93,750 $ 205,500 Interest* $ 845 $ 0 $ 845 Total $ 112,595 $ 93,750 $ 206,345 Chapel Hill-Carrboro Impact Fees $ 219,750 $ 100,500 $ 320,250 Interest* $ 1,662 $ 0 $ 1,662 Total $ 221,412 $ 100,500 $ 321,912 *NOTE: Interest earned in FY 1994-95 has not yet been allocated to Trust Funds by the Finance Department. Source: Orange County Finance Department Annual Report 1 PUBLIC SCHOOL B E N E F IT AREAS Annual Report 2 Revenues collected in the Orange County School District during FY 1993-94 represented 27 percent of the revenues estimated in the Impact Fee Technical Report ($410,250). For the Chapel Hill- Carrboro School District, revenues during FY 1993-94 represented 28 percent of the Technical Report estimates ($784,500). A major reason for the shortfall in revenues in the Orange County School District was the rush to obtain building permits before impact fees became effective on July 1, 1993. As shown on the accompanying chart, new residential permits peaked in June at a level two to three times higher than normal. For the six month period following the effective date, the number of residential permits Residential Permits Issued was approximately half the number typically Orange County Jurisdiction' issued. (January, 1992 — October, 1994) Soon after the beginning of 1994, the 140 Number of Permits number of residential permits issued returned to 120 100 levels occurring prior to the establishment of e0 impact fees. This trend is also reflected in the 60 revenue received from such fees in the School 40 District.During the period of July-October, 1994, 20 $93,750 in impact fees was collected or an average OJFMAMJJASONDJFMAMJJASONDJF MAMJJASO of $23,437 per month. If this trend continues Mouth through FY 1994-95,revenues from impact fees in — 1992 — 1993 --- 1994 the Orange County School District will total $281,250 or 66 percent of the revenues projected *Includes Town of Hillsborough Permits for FY 1994-95 in the Technical Report. ISSUE: A review of building permits issued indicates that replacement mobile homes (for which an impact fee is not collected) may have been mixed in with new mobile homes. "Permit Listing" reports beginning with FY 1993-94 must be reviewed to separate out replacement mobile homes so that an accurate assessment of building permit projections and impact fee collections can be undertaken. ISSUE: While the computerized permit system has been revised to allow entry of the school district in which construction occurs, a reporting system has not been developed to compile such data. Data Processing is working to establish a system whereby the Planning Department can create its own reports. In the interim, this information must be compiled by reviewing monthly "Permit Listing"reports.The information is also needed for an accurate assessment of building permit projections and impact fee collections by school district. ISSUE: The"Technical Report"provided projections of impact fee revenues based on past building trends.The Budget Department has included revenues in the CIP based on half the Technical Report projections.Should projections and budget figures be included in the discussion of the "shortfall" above? Fee Collection Responsibility. All public school impact fees must be paid to Orange County prior to a certificate of occupancy being issued for a dwelling unit.The fees are collected by Orange County or by interlocal agreement between Orange County and a municipality located therein. At the time of collection by Orange County,all public school impact fees are properly identified by the appropriate benefit area and transferred for deposit in the appropriate trust account. Annual Report 3 Where there is an interlocal agreement in effect for collection of the public school impact fees by a municipality, the municipality must remit the fees to Orange County as provided in the agreement, including a report of the amount of funds collected and the benefit area from which the fees were collected. Upon receipt, the County deposits the fees in the appropriate trust fund. On September 7, 1993, the Board of Commissioners approved in principle a draft Impact Fee Collection Interlocal Agreement and authorized the Administration to forward the draft agreement to the municipalities for consideration. Major provisions of the draft agreement included the following. • The impact fee must be collected at a time no later than the time the municipality issues the certificate of occupancy for a dwelling unit.This provision allows the municipalities to collect impact fees when either the building permit or certificate of occupancy is issued. • _ Impact fees collected by the municipalities must be delivered quarterly to the County. • The agreement may be terminated at the end of any fiscal year by giving six months written notice. The City of Mebane declined to participate in the Interlocal Agreement, electing instead to direct residents to Hillsborough to make payment of impact fees. ISSUE: No definitive record of impact fees paid by persons building within Mebane City Limits and ETJ in Orange County exists.In lieu of contacting Mebane and reviewing all building permit applications, can Data Processing generate report showing residential units constructed in 1993 and 1994 (by tax map, block,and lot number)through which to verify that all impact fees have been paid?If impact fees are outstanding,what process is established for identifying and notifying persons responsible for payment of such fees?Who collects the fees??Does a process need to be established for"flagging"impact fees paid on residential construction in Mebane's jurisdiction? The Carrboro Board of Aldermen authorized the Town Manager to execute the Interlocal Agreement on December 7, 1993. Similar action was taken by the Chapel Hill Town Council on January 26, 1994.Both municipalities elected to collect impact fees at the time of building permit issuance and have been submitting quarterly reports with impact fees collected since execution of the agreements. ISSUE: A gap exists between the effective date of impact fees and execution of the Interlocal Agreements. Both Carrboro and Chapel Hill have provided lists of Permits issued between these dates. Can these lists, in combination with the quarterly reports submitted to date,be used to verify that all impact fees have been paid? If impact fees are outstanding, what process is established for identifying and notifying persons responsible for payment of such fees?Who collects the fees? ISSUE: Both municipalities collect impact fees at the time of building permit issuance. Should Orange County amend the ordinance to permit it to do the same? Expenditure Limitations.Funds withdrawn from public school impact fee trust accounts must be used only for the following purposes: • For capital costs associated with the construction of new public school space, including Annual Report 4 new buildings or additions to existing buildings where the expansion is related to new residential growth. Such capital costs include actual building construction, design, engineering, and/or legal fees, land acquisition and site development; equipment and furnishings; and/or infrastructure improvements. • For capital improvements within the benefit area from which the funds were collected. • For providing permitted reimbursements. ISSUE: Enabling legislation was obtained through Senate Bill 1679, Chapter 642,will allows Orange County to use impact fee revenues to"construct,equip,improve, renovate, or otherwise make available property for use by a school administrative unit within the county."The bill also the expands the definition of "costs" to include debt service payments and payments under leases. An ordinance amendment is required to include provisions which reflect the new legislation. No funds may be used for public school operating expenses, periodic or routine maintenance, or the administration of this public school impact fee program.Though not applicable at this point,funds must be expended within five(5)years following collection.The five-year period is the time frame coinciding with the public school facilities capital improvements program (CIP) school impact fee period. The disbursal of public school impact fee funds shall require the approval of the Board of County Commissioners upon recommendation of the County Manager. ISSUE: Interest on Fees.Any public school impact fee funds on deposit and not immediately necessary for expenditure must be invested as allowed in N.C. General Statute 159-30 for other public monies. All income derived must be deposited in the applicable trust fund. ISSUE: Interest earned on the investment of impact fee revenues have been identified previously.However,some general description of how such funds are invested and how interest is allocated should be provided. This information is needed since no interest data for FY 1994-95 is available for inclusion in the table at the beginning of this report. Reimbursements. Any funds not expended within the five-year time frame noted above must be returned to the feepayer, or the land owner if the address of the feepayer provided to Orange County is not current, with interest at a rate not to exceed that being paid on public school impact fees. If the Schedule of Public School Impact Fees is reduced, the difference between the old and new fees must also be returned to the feepayer(or land owner).If the Schedule is increased,no additional fees are to be collected from new construction for which certificates of occupancy have been issued. ISSUE: No provision is made for reimbursement of impact fees collected erroneously. Likewise,no provision exists for situations where the impact fee has been paid, and the applicant subsequently files for and is granted an exception. Such reimbursements have been made,however,an ordinance amendment is needed to address this situation.Examples of the"exception"situation may be cited to illustrate the need for the amendment. Annual Report 5 ISSUE: Habitat for Humanity and Orange Community Housing Corporation have requested that a "policy" regarding "reimbursement" of impact fees be established for homes purchased by families earning less than sixty percent of median income. The proposed "policy" would not apply to rental units. Such "reimbursements" would be accomplished through special appropriations to those(and similar)agencies,following submission of a funding request as part of the County's annual budget process. The request cannot be dealt with simply as a policy issue. It must be handled through an ordinance amendment.A more recent request involves payment of impact fees on an installment basis (e.g., a down payment followed by payments based on a specific construction or phasing plan). An "installment plan" provision may be appropriate for Section 5.B. Collection of Fees - Responsibility for Fee Collection.The installment approach does raise the issue of whether similar provisions should apply to all residential projects or just those involving afforable housing. Associated with the issue of affordable housing, what V limit defines median income? ISSUE: About a year ago, an impact fee exception was requested by a resident receiving AFDC. The request was referred to DSS to determine if any "discretionary fund" existed through which to pay the fee. Marti Pryor-Cook responded that none existed and suggested that if such a fund were established, it could be administered as a component of DSS emergency assistance. A question to be resolved is whether such situations fall into the same category as those identified by Habitat and OCHC or should DSS request an appropriation (through the annual budget process) for this purpose. Administration& Enforcement Public school impact fees are charged to new residential dwelling units located within Orange County, including those within municipalities and their extraterritorial planning jurisdictions. No person may occupy any new residential dwelling unit until all applicable public school impact fees have been paid in full. No certificate of occupancy or other type of occupancy permit is issued for any new residential dwelling unit until the public school impact fees have been paid. Exceptions. Provision is made in the Educational Facilities Impact Fee Ordinance to allow exceptions from payment of impact fees in the following circumstances: • Buildings or structures, including alterations, repairs, renovations or additions thereto, which are to be occupied and used solely for non-residential purposes. • Residential dwelling units for which a building permit was obtained prior to the effective date of this ordinance. • Alterations, repairs, renovations or additions to a residential dwelling unit. 0 Replacement of a building or structure or mobile home with a new building or structure or mobile home of the same dwelling type. • Accessory buildings and structures,including, but not limited to,garages, decks,storage buildings, and similar structures,provided they are not used for residential purposes. Annual Report 6 • Temporary buildings and structures,provided they are not used for residential purposes. However,public school impact fees shall not be levied in the following cases: • A mobile home being used to provide custodial care under the provisions of an approved Special Use Permit. • A mobile home being used as a temporary residential dwelling during the installation of a replacement mobile home or the construction of a stick-built dwelling unit. ISSUE: The County Attorney has corresponded with a resident of Chapel Hill who constructed a home in the Town's historic district.Aside from"rational nexus" issues, the resident has questioned whether an exception should be granted, based on a requirement that he secure a Certificate of Appropriateness(COA) from the Historic District Commission.The resident started the COA approval process before the impact fee became effective,and the requirement delayed him from securing a building permit prior to the effective date. The issue of "regulatory delays" as related to this case as well as other situations (such as mobile home parks)should be discussed and amendments,if needed,proposed. ISSUE: One of the difficult aspects of administering the impact fee ordinance involved when and when not to grant exceptions for"replacement"units..Soon after the ordinance became effective, questions arose such as the following: • A farm house existed on the property 20 years ago. Is an impact fee required? • A mobile home existed on the property two years ago.Is a fee required? Because of the number of such questions, the following interim policy was employed: If a dwelling unit(or mobile home)is being placed on a lot(or mobile home spare)which has been vacant for one year or less, it is permissible to issue a building permit without charging impact fees. If the situation involves a lot (or mode home space) which has been vacant for more than one year, the applicant must submit a letter which explains his/her situation and why the lot(space)has been vacant for an extended period of time. The letter,along with the completed building permit application,must be submitted to the Planning Director for review.Following consultation with the County Manager and the County Attorney, a decision will be rendered regarding the request An acceptable reason for excepting impact fees for spaces or lots which have been vacant for more than a year includes the inability of the mobile home park owner to locate homes on spaces due to a County or State prohibition resulting from a failing septic system or contaminated well. This situation mary include the time involved to extend public water and sewer service to the site or the installation of a new septic and/or well system. The above policy was initially drafted in August, 1993.It was revised again in October, 1993, to add the provision regarding failing septic systems and contaminated wells.Since the policy was instituted,13 exception requests have been handled involving 61 dwellings.A summary of the requests and actions Annual Report 7 taken is as follows: Justification Project/Units Action Failing septic systems • Mobile home park 6 M1-11P/55 Spaces Approved • Individual lot 1 Lot/1 Unit Approved Subdivision approval • Approval time 1 Lot/l Unit Denied • Unit moved 1 Lot/l Unit Approved Temporary housing • Damaged unit 1 Lot/l Unit Approved Other • Loan delay 1 Lot/1 Unit Denied • Time/finances 1 Lot/1 Unit Denied ISSUE: An exception request was considered which involved a failing septic system on an individual lot. Because of the situation, it was necessary for an elderly couple to move their mobile home to another location,requiring them to pay the impact fee.The person who rented them the lot where they originally lived could have replaced the unit without being charged a fee.However, the high cost to provide a septic field deterred him from locating another unit on the site.He granted permission for the elderly couple to use his exception;e.g.,he transferred his exception to another party. Although the exception was approved in this case,the"transfer"question is not addressed in the ordinance. If such situations are deemed appropriate exceptions, an ordinance amendment is warranted. ISSUE: Of all the exception requests considered to date, the most time consuming to explain and/or process have been those associated with mobile home parks. Several owners have cited other reasons for controlling the flow of units in and out of a park (other than failing septic systems). One reason cited more than any other was the desire to locate desirable tenants in the parks. The owners noted that it is time consuming as well as expensive to remove undesirable tenants,and,once removed,they have been deliberately selective to avoid such situations in the future. Another reason cited by the park owners is the desire not to end up with failing septic systems.Some parks have spaces which are served by individual systems as well as community systems.Park owners have deliberately left some spaces vacant for a limited time period or been very selective in the size (number of bedrooms) of the home to avoid overtaxing individual systems. Finally,park owners have indicated that mobile home parks are somewhat like apartment complexes; e.g.,vacancy rates vary from one year to the next,and there is no real way of knowing whether the park will be near capacity or left with many vacant spaces. These situations as well as the administrative time associated with processing mobile home park requests(and replacement units in general)suggest a return to the original intent of the ordinance; e.g., essentially a "grandfather" provision. One exception is noted,though,and it is the need to establish some time limit on vacant lots or spaces.Five years prior to the effective date of the Annual Report 8 ordinance is suggested, since that period has been used as a general amortization period for nonconforming signs and uses in North Carolina communities.An ordinance amendment is necessary to establish a time limit. ISSUE: The current ordinance (Section 4.4) allows the replacement of residential building or mobile home with the same dwelling type.This provision does not recognize that a family living in a mobile home may wish to replace it with a stick-built structure. An ordinance amendment is needed to provide such flexibility. Schedule of Fees. The amount of the public school impact fee is $750 per residential dwelling unit. The fee is the same in both the Orange County and Chapel Hill-Carrboro school districts. ISSUE: Annual Report 9