HomeMy WebLinkAboutAgenda - 03-08-1995 - VII-A - 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 8, 1995
SUBJECT: Public Hearing on 1995 Legislative Goals
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DEPARTMENT County Attorney PUBLIC HEARING YES X NO
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ATTACHMENT(S) INFORMATION CONTACT
County Attorney's Letter Geof Gledhill, 732-2196
Resolution TELEPHONE NUMBER
Draft Legislation Hillsborough 732-8181
Draft Board Chair Letter Chapel Hill 968-4501
Mebane 227-2031
Durham 688-7331
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PURPOSE: To conduct a public hearing on legislative matters of
interest to Orange County to be submitted to the North Carolina General
Assembly; and to adopt a resolution requesting members of the Orange
County legislative delegation to introduce in the General Assembly the
County's legislative package.
BACKGROUND: At the February 21 meeting, the Board of Commissioners
discussed legislative issues it would like to consider for introduction
by the Orange County delegation- to the North Carolina General
Assembly. The Board also set March 8 as the date to conduct a public
hearing on proposed legislation for consideration by the 1995 Session
of the General Assembly. The County Attorney has prepared the attached
draft legislation on issues specified by the Board at the February 21
meeting. The attached resolution would formally communicate a request
from the Orange County Board of Commissioners to the Orange County
legislative delegation to introduce the County's 1995 legislative
package in the General Assembly.
RECOMMENDATION: The Manager and the County Attorney recommend that the
Board conduct the public hearing and adopt the resolution.
LAW OFFICES 2
COLEMAN, GLEDHILL & HARGRAVE ALONZO BROWN COLEMAN,JR.
A PROFESSIONAL CORPORATION GEOFFREY E.GLEDHILL
129 E.TRYON STREET DOUGLAS HARGRAVE
P.O.DRAWER 1529 KIM K.STEFFAN
HILLSBOROUGH,NORTH CAROLINA 27278 JANET B.DUTTON
(919)732-2196 DOUGLAS P.THOREN
FAX(919)732.7997 SAMUEL ELY COLEMAN
March 2, 1995
Moses Carey, Jr. , Chair
Bill Crowther
Alice Gordon
Stephen Halkiotis
Don Willhoit
Orange County Board of Commissioners
Post Office Box 8181
Hillsborough, North Carolina 27278
RE: Local Legislation - 1995 Session of the North Carolina
General Assembly
Dear Board Members:
With this letter is a proposed resolution for your
consideration concerning legislative matters . The resolution can
be considered by you following the public hearing on this topic
to occur during your March 8, 1995 Board meeting. I will
transmit the resolution in its adopted form to the County's
legislative delegation as in the past following its adoption. I
have also enclosed for your consideration a draft of a letter
from Moses Carey to the board chairs of Alamance, Caswell and
Person Counties concerning the boundary establishment local bill .
Very truly yours,
COLEMAN GLEDHILL & HARGRAVE, P.C.
f-frey E edhill
GEG/lsg
Enclosures
xc: John M. Link, Jr.
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NORTH CAROLINA
RESOLUTION REGARDING
ORANGE COUNTY LEGISLATIVE MATTERS
BE IT RESOLVED by the Board of 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 ADDING ALAMANCE, CASWELL AND PERSON COUNTIES TO
THOSE COUNTIES AUTHORIZED BY CHAPTER 357 OF THE 1985 SESSION LAWS
OF THE GENERAL ASSEMBLY OF NORTH CAROLINA TO ESTABLISH THE
BOUNDARIES BETWEEN AND AMONG THEM BY THE USE OF ORTHOPHOTOGRAPHY
(Exhibit A to this Resolution) .
2 . AN ACT TO AUTHORIZE ORANGE COUNTY TO PROVIDE NOTICE OF
ZONING REGULATION AND ZONING BOUNDARY CHANGES BY FIRST CLASS MAIL
(Exhibit B to this Resolution) .
3 . AN ACT TO AUTHORIZE ORANGE COUNTY TO ENFORCE ITS
ORDINANCES BY ALTERNATIVE REMEDIES AUTHORIZED BY LAW (Exhibit C to
this Resolution) .
BE IT FURTHER RESOLVED that the Board of Commissioners of
Orange County requests its legislative delegation to support:
1. legislation which would authorize counties not to collect
tax bills for property valued under $300;
2 . legislation which would authorize municipalities,
counties, or special entities to use special obligation bond
proceeds for landfill site acquisition;
3 . additional state funding for facilities and services to
the developmentally disabled, severally mentally ill, children with
mental disabilities, and to those in need of alcohol and drug abuse
4
treatment in accordance with the State's long range plans and to
end reliance on county general fund sources for specialized and
individual treatment programs needed for treatment of persons in
the groups listed because of the lack of State funding and State
facilities needed to accomplish the State's long range plans;
4 . limiting county responsibility in the area of inmate
medical care in accordance with the initiative of the Association
of County Commissioners .
Upon motion of Commissioner seconded by
Commissioner the foregoing resolution was
adopted this the day of 1995 .
Ayes
-Noes
I, Beverly 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 as relates
in any way to the adoption of the foregoing and that said
proceedings are recorded in Minute Book No. of the minutes of
said Board, beginning at page and ending at page
WITNESS my hand and the seal of said County, this day of
1995 .
Clerk to the Board of Commissioners
lsg\home3\1995.leg
5
EXHIBIT A
AN ACT ADDING ALAMANCE, CASWELL AND
PERSON COUNTIES TO THOSE COUNTIES
AUTHORIZED BY CHAPTER 357 OF THE
1985 SESSION LAWS OF THE GENERAL ASSEMBLY
OF NORTH CAROLINA TO ESTABLISH THE BOUNDARIES
BETWEEN AND AMONG THEM BY THE USE OF ORTHOPHOTOGRAPHY
The General Assembly of North Carolina enacts:
Section 1. Alamance, Caswell and Person Counties are hereby
added to those counties authorized by Chapter 357 of the 1985
Session Laws to establish the boundary between each of them and any
other county pursuant to North Carolina General Statutes S 153A-
18(a) by the use of base maps prepared from orthophotography as
provided in Chapter 357 of the 1985 Session Laws .
Section 2. This act applies only to Alamance, Caswell and
Person Counties.
Section 3. This act is effective upon ratification.
EXHIBIT B 6
AN ACT TO AUTHORIZE ORANGE COUNTY TO I
PROVIDE NOTICE OF ZONING REGULATION AND
ZONING BOUNDARY CHANGES BY FIRST CLASS MAIL
The General Assembly of North Carolina enacts:
Section 1. Subsection (b) of North Carolina General Statutes
S 153A-343 is amended to read:
(b) The first class mail notice required under
subsection (a) of this section shall not be required in the
following situations:
( 1) The total rezoning of all property within the
boundaries of a county or a zoning area as defined
in G.S. 153A-342 unless rezoning involves zoning of
parcels of land to less intense or more restrictive
uses . If rezoning involves zoning of parcels of
land to less intense or more restrictive uses,
notification to owners of these parcels shall be
made by mail in accordance with subsection (a) of
this section;
(2) The zoning is an initial zoning of the entire ,
zoning jurisdiction area;
(3) The zoning reclassification action directly affects =
more than 50 properties, owned by a total of at�
least 50 different property owners;
(4) The reclassification is an amendment to the zoning
text; or
(5) The county is adopting a water supply watershed
protection program as required by G.S. 143-214 .5 .
In any case where this subsection eliminates the notice
required by subsection (a) of this section, a county shall
publish once a week for four successive calendar weeks in a
newspaper having general circulation in the area maps showing
the boundaries of the area affected by the proposed ordinance
or amendment. The map shall not be less than one-half of a
newspaper page in size. The notice shall only be effective
for property owners who reside in the area of general
circulation of the newspaper which publishes the notice.
Property owners who reside outside of the county's
jurisdiction or outside of the newspaper circulation area,
according to the address listed on the most recent property
tax listing for the affected property, shall be notified by
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nai--rcf. the board of commissioners that fact,
7
and the certificates shall be deemed conclusive in the absence
of fraud: In addition to the published notice, a county shall
post one or more prominent signs immediately adjacent to the
subject area reasonably calculated to give public notice of
the proposed rezoning.
Section 2. Section 1 of this act shall apply only to Orange
County.
Section 3. This act is effective upon ratification.
EXHIBIT C 8
AN ACT TO AUTHORIZE ORANGE COUNTY TO ENFORCE ITS
ORDINANCES BY ALTERNATIVE REMEDIES AUTHORIZED BY LAW
The General Assembly of North Carolina enacts:
Section 1. North Carolina General Statutes S 153A-123 ( f) is
amended to read:
(f) Subject to the express terms of the ordinance, a
county ordinance may be enforced by any one or more of the
remedies authorized b this section.
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Section 2. This act applies only to Orange County.
Section 3. This act is effective upon ratification.
9
March 2, 1995
Chair, County Board of
Commissioners
RE: Boundary with Orange County
Dear
The Orange County Board of Commissioners is asking its
legislative delegation to introduce and support a local bill which
will permit the resolution of boundary uncertainties between
County and Orange County by orthophotographic means . In
1985 Orange County received authorization from the General Assembly
to reestablish its boundary with Chatham County by this method.
That process proved extremely helpful and efficient. Orange County
now has a modern surveyed boundary with Chatham County that was
accomplished at relatively low cost.
As you know, there is more and more interest in developing
land along the boundary between our counties. It has become more
and more important to persons purchasing property along the
boundary to know now and forevermore in which county their property
is located. We know this because we are receiving increasingly
more requests for assurance on this point. Real estate contracts
are more and more conditioned on this assurance and since Orange
County cannot provide it, do not "close. " The uncertainty of the
location of the boundary also forces land owners near the border of
our county to record their real estate transaction instruments in
both counties to insure their titles.
I hope that in the future we can resolve boundary questions
involving our two counties by this orthophotographic method. In
the meantime, all that the local bill that we are submitting to the
legislature will do will be to authorize this process. It will in
no way require our counties to proceed under this process . In that
regard, the local bill will only pertain to North Carolina General
10
Page 2
March 2, 1995
Statutes S 153A-18(a) which is, in its entirety, permissive and not
mandatory.
Thank you for your support of this legislative initiative.
Sincerely,
Moses Carey, Jr.
Chair,
Orange County Board of Commissioners
MC/GEG/lsg
Enclosures
xc: Chair,
County Board
of Commissioners
Chair,
County Board
of Commissioners
1sg\home3\m0ses.1tr
:g
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i
1 §153A-17 ART, 3. BOUNDARIES §153A-18
ARTICLE 3.
Boundaries.
§ 153A-17. Existing boundaries.
The boundaries of each county shall remain as presently estab-
lished, until changed in accordance with law. (1973, c. 822, s. 1.)
§ 153A-18. Uncertain or disputed boundary.
(a) If two or more counties are uncertain as to the exact location
of the boundary between them, they may cause the boundary to be
surveyed, marked, and mapped. The counties may appoint special
commissioners to supervise the surveying, marking and mapping
A commissioner so appointed or a person surveying or marking the
boundary may enter upon private property to view and survey the
boundary or to erect boundary markers. Upon ratification of the
survey by the board of commissioners of each county, a map show-
ing the surveyed boundary shall be recorded in the office of the
register of deeds of each county in the manner- provided by law for
the recordation of maps or plats and in the Secretary of State's
office. The map shall contain a reference to the date of each resolu-
Lion of ratification and to the page in the minutes of each board of
commissioners where the resolution may be found. Upon recorda-
tion. the map is conclusive as to the location of the boundary.
(b) If two or more counties dispute the exact location of' the
boundary between them, and the dispute cannot be resolved pursu-
ant to subsection (a) of this section, any of the counties may apply to
a superior court judge who has jurisdiction pursuant to G.S.
7A-47.1 or 7A-48 in any of•the districts or setts of districts is defined
in G.S. 7A- I1.1 in which ,illy of the counties is located for appoinl-
ni, hoilildnr�• cuniniissiun. Tllc' nIpplicilncni sliall identify the
disputed boundary and ask that a boundary commission be ap-
pointed. Upon receiving the application, the court shall set a date
for a hearing on whether to appoint the commission. The court shall
cause notice of the hearing to be served on the other county or
counties. If, after the hearing, the court finds that the location of
the boundary is disputed, it shall appoint a boundary commission.
The commission shall consist of one resident of each disputing
county and a resident of some other county. The court may appoint
one or more surveyors to assist the commission. The commission
shall locate, survey,and map and may mark the disputed bound-
ary. To do so it may take evidence and hear testimony, and any
commissioner and any person surveying or marking the boundary
may enter upon private property to view and survey the boundary
or to erect boundary markers. Within 45 days after the day it is
appointed, unless this tirne is extended by the court, the commis-
sion shall make its report (which shall include a map of the sur- �g
veved boundary) to the court. To be sufficient, the report must be
c:nncurred in by a majority of the commissioners. 1f the court is
satisfied that the commissioners have made no error of law, it shall fir'
ratify the report, after which the map shall be recorded in the office
of the register of deeds of each county in the manner provided by
law for the recordation of maps or plats and in the Secretary of
17
i 'f r
12
i
'v
§153A-19 CH. 153A. COUNTIES §153A-19
V. State's office. Upon recordation, the map is conclusive as to the
location of the boundary.
The disputing counties shall divide equally the costs of locating,
surveying, marking, and mapping the boundary, unless the court
finds that an equal division of the costs would be unjust. In that
case the court may determine the division of costs. (1836; c. 3; R.C.,
c. 27; Code, s. 721; Rev., s. 1322; C.S., s. 1299; 1925, c. 251; 1973, c.
822, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 121.)
Local Modification. — Chatham:
tJ 1985, c. 357, ss. 4, 5; Orange: 1985, c.
y 357, ss. 4, 5.
J,
§ 153A-19. Establishing and naming ,townships.
` (a) A county may be resolution establish and abolish townships,
change their boundaries, and prescribe their names, except that no
such resolution may become effective during the period beginning
January 1, 1988, and ending January 2, 1990, tend any resolution i
;I providing that thc; buundM'ics of<i tuwusliil) 51ia11 chnngc autolrnuti-
,;� cally with changes in the boundaries of a city shall not be effective
:n during that period. The current boundaries of each township within
Xa county shall at all times be drawn on a map, or set out in a
written description, or shown by a combination of these techniques.
This current delineation shall be available for public inspection in
h the office of the clerk.
(b) Any provision of a city charter or other local act which pro-
vides that the boundaries of a township shall change automatically
upon a change in a city boundary shall not be effective during the
period beginning January 1, 1988, and ending January 2, 1990.
(c) Township boundaries and changes in those boundaries shall s
be reported to the United States Bureau of the Census in the
Boundary and Annexations Survey. In responding to the surveys,
each county shall consult with the county board of elections and
other appropriate local agencies as to the location of township
boundaries. (1868, c. 20, s. 8; Code, s. 707; Rev., s. 1318; C.S., s.
1297; 1973, c. 822, s. 1; 1987, c. 715, s. 1; c. 879, s. 2.)
CASE NOTES
I
Editor's Note. — The cases cited be- within the power of the legislature to
f low were decided under corresponding subdivide the territory of the State and
sections of former law. invest the inhabitants of such subdivi-
Townships are within the power sions with corporate functions. More-
and control of the General Assembly, over, it-is not essential that such subdi-
just as are counties, cities, towns and visions be created directly by legislative
Y other municipal corporations. It may enactment, certain agencies may be re-
;; confer upon them, or any single one of quired by statute to establish them.
them,corporate powers,with the view to McCormac v. Commissioners of
r! accomplish any lawful purpose. Such Robeson, 90 N.C. 441 (1884).
powers may be conferred for a single As to former corporate powers of
purpose as well as many.Brown v.Com- townships and former boards of
t missioners of Hertford, 100 N.C. 92, 5 township trustees, see Mitchell v.
'r S.E. 178(1888);Jones v. Commissioners Board of Trustees, 71 N.C. 400 (1874);
of Person County, 107 N.C. 248, 12 S.E. Wallace v. Board of Trustees, 84 N.C.
9i 69 (1890). 164(1881);Jones,Gaskill&Co. v. Com-
i. Power to Subdivide Territory and missioners of Rowan, 85 N.C. 278.
Bestow Corporate Functions.—It is (1881); Brown v. Commissioners of
18
GENERAL ASSEMBLY OF NORTH CAROLINA 13
SESSION 1985
RATIFIED BILL
CHAPTER 357
HOUSE BILL 690
AN ACT CONCERNING LOCAL BATTERS IN ORANGE AND CHATHAM COUNTIES.
The General Assembly of North Carolina enacts :
Section 1 . . Chapter 660 of the Session Laws of 1969 (the
Carrboro Town Charter) is amended by adding a new section to
read :
"Sec. 5. 05. Off-Street Parkinq Fund. The Board of Aldermen
may establish a fund into which payments from individual firms ,
persons, corporations , or property owners shall be deposited for
the purpose of providing off-street parking facilities, and from
which appropriations shall be made exclusively for the purpose of
organizing, establishing, developing , or enlarging off-street
parking facilities within the Town. . The Board of Aldermen nay
provide in its land use ordinance that all developers must either
provide adequate off-street parkinq (on site or off site) tc
serve their developments, or pay a fee to the Town' s off-street
parking facilities fund based on the number of required parking
spaces not provided. " _
Sec. 2. Chapter 660 of the Session Laws of 1969 (the
Carrboro Town Charter) is amended by adding a new Article to
Chapter V, Subchapter E, to read :
"ARTICLE 4. IMPACT FEES.
"Sec . 5. 131 . Impact. Fees Authorized. (a) The Board of
AIdcI:m(III may provLid(` by oI.'(li1)aI1(:o for-7 a r;rtem of impact fees to
be paid by developers to help defray the costs to the town of
constructing certain capital improvements, the need for which is
created in substantial part by the new development that takes
place within the town and - its extraterritorial planning area.
(b) For purposes of this Article , the term capital
improvements includes capital improvements to public streets,
bridges, sidewalks, bikeways , and on and off street surface water
drainage ditches, pipes, culverts, and other drainage facilities.
(c) An ordinance adopted under this Article may be made
applicable to all development that occurs within the town and its
extraterritorial planning area, as established by local act or
pursuant to the procedures set forth in G. S. _ 160A-360. .
(d) The town may, with the approval of the Orange County Board
of Commissioners , construct capital improvements outside the town
limits but within the towns extraterritorial planning area and
may cooperate with the State in the construction of capital
improvements to State highway system streets within this area as
well as within the town.
11 Sec. 5. 132. . Amount of Fees. (a) In establishing the amount
of any impact fee, the town shall endeavor to approach the
objective of having every development contribute to a capital
improvements fund an amount of revenue that bears a reasonable
relationship to that development 's fair share of the costs of the
capital improvements that arc- needed in part because of that
I4
development. in fulfilling tijis objective the of Aldermen
shall, among other steps and actions :
Estimate the total cost oJ2 'improvements by catc-qocy
(e .g. , streets , sidewalks, drainage ways, etc. )
that will b(-- needed t.o provide in a reasonable
manner foc the public health , safety and welfare of
persons residing within the town and its
extraterritorial plannin�T area ducinq a reasonable
planning period not to exceed 20 years. The Board
may divide the town and its extraterritorial area
into two or tuore districts --ind k=stimatt,-_, the costs
of needed improvements within each district. These
estimates shah b(, periodically reviewed and
updated, and the planning Pe r i Ofl used may t E
changed from time to time,
( 2) Establish a percentage of the total costs of each
category of improvement that , in kcepinq with the
objective set forth abovo, should fairly be borne
by those paying the impact
(3) Est aoiish a formula that fairly and objectively
apportions the total costs that are to be. borne by
those 1)a y.i n q i lu 1)ri(:1: L t`c:; '1111t I(I V,lVioll.,; typu."5 uL
U Y way 1: t c a t io n without
m i L a t.i oil:
a. 11. the casE! of stceet 1 the -impact
tee atay be related to the number ot trips per
day generated by different types of uses
according to recognized estimates ;
b. It) the ca s,e of drainage improvements, the
impact fee may be Eeiated to t he size of a
d(�V e to p me 11 t , the -a oo uu L u.L .1 iopervious surf acr=
the development 11as , or other factors that
bear upon the degree to which a development
c=ontribute; to the need for drainaqE
i 4i p i:(.)v em&.-:n L s tu ad at puclic expense.
"=Sec. 5. 133. Capital, Rt�serv� F.unds ; Expenditures.
7
(cL Impact fees L:ece2.v(-.!d by the town shaii be deposited in a
capital improvements. 1:4E-!s e 1: v(., fund or funds established under
Chapter 159 of the General Statutes, ki:tici-2 3, Part 2. , Such
funds may be expended only on the type of capital improvements
for which such impact fees were established, and then only in
accordance with the provision of subsection (b) of this section.
(b) In order to ensure -that impact .Lees paid by a particular
development are expended on capital improvements that benefit
that development, the town shall establish for each category of
capital improvement for which it collects an impact fee at least
two geographical distrIcts or zones, and impact fees generated by
developments Within those districts or zones must be spent on
improvements that are located within or that benefit property
located within those districts or zones.
"Sec. 5 . 134. , Credits for I2_prAvemeats. An ordinance adopted
under this Article shall' make provision for credits against
required fees when a developer installs improvements 'of a type
that gen'erally would be paid for by the .town out of a -.-capital
reserve account funded by impact fees. The ordinance- may spell
2 House Bill 690
15
out the circumstances under which a developer will be allowed to
install such improvements and receive such credits.
"Sec. 5. 135. Appeals Procedure. An ordinance adopted under
this Article may provide that any person aggrieved by a decision
regarding an impact fee may appeal to the Carrboro Board of
Adjustment. If the ordinance establishes an appeals procedure,
it shall spell out the time within which the appeal must be taken
to the board of adjustment , the possible grounds for an appeal
and the board's authority in the matter , whether the fee must be
paid prior tc resolution of the appeal , and other procedural or
substantive matters related to appeals'. Any decision by the
board of adjustment shall be subject to review by the superior
court by proceedings in the nature of certiorari in the same
manner as is provided in G. S. 160A-388 (e) .
I'S ec 5 . 136. Payment of Impact Fees. An ordinance adopted
under this Article- shall spell out when in the process of
development approval and coristruction impact fees shall be paid
and by whom. By way of illustration without limitation, the
ordinance may 1)C 0 v id e t 11 a t an applicant for a building permit
-;hcili zju1jui_iA Lht: impLict- Lt�u �iluticj with tho pecini. t. application and
that building permits shall not be issued until the impact fee
has been paid.
"Sec. 5. 137. R t.
Lunds. If this Article or any ordinance
t
adopted thereunder -i.s declared to be unconstitutional or
otherwise invalid , then any impact fees collected shall be
refunded to the person paying them together with interest at the
rate established under G. S. 105-241. .1, being the same rate paid
by the Secretary of Revenue on refunds for tax overpayments.
"Sec . 5. .138. . Limitations on Actions. (a) Any action
contesting the validity of an ordinance adopted under this
Article m ust be commenced not later than nine months after the
effective date of such ordinance.
(b) Any action seeking to recover an impact fee must be
commenced not later than nine months after the impact fee is
paid. ',
Sec . 3 . Chapter 660 of the Session Laws of 1969 (the
Carrtoro Town Charter) is amended by adding a new section to
Chapter VII to read:
flsEc. 8 . 02. Recreation Fees in Lieu of Facilities. . The Board
of Aldermen may establish a fund into which payments from
developers or property owners may be deposited for the purpose of
providing open space areas or recreational facilities and from
which appropriations shall be made exclusively for the purpose of
acquiring or improving open space areas or recreational
facilities that are reasonably expected to benefit or serve the
residents of the dev;�lopment generating such funds. The Board of
Aldermen may provi(je in its land use ordinance that all
developers or developers of certain types of projects shall
either provide open space and recreational facilities according
to standards set forth in the ordinance or pay a fee in
accordance with a town-established schedule to the town.'s open
space and recreational facilities fund. The town may also
provide in the land use ordinance that under specified
circumstances such fee shall be required in lieu of the
House Bill 690' 3
l
16
reservation or dedication o open space or recreational
facilities. "
Sec. 4 . G. S. 153A- 18 is amended by addinq a new
subsection (c) to read :
" (c) Two or more counties may establish the boundary between
them pursuant to subsection (a) , above , by the use of base maps
prepared from orthophotography , which base maps show the
monuments of the United States Geological Survey and North
Carolina State Plane Coordinate System established pursuant to
Chapter 101 of the General Statutes. . Upon ratification of the
location of the boundary determined from orthophotography by the
board of commissioners of each county, tae. map showing the
boundary and the monuments of the United States Geological Survey
and North Carolina State Plane Coordinate System shall be
recorded in the Office of the Register of Deeds of each county
and in the Secretary of state' s office. The map shall contain a
reference to the date of each resolution of ratification and to
the page in the minutes of each board of commissioners where the
resolution may be found. Upon recordation , the map is conclusive
as to the location of the boundary. "
Sec . 5. Section 4 of this act applies to Oranqe and
Chatham Counties only.
Sec . 6. Chapter 660 'of the Session Laws of 1969, (the
Carrboro Town Charter) is amended, by adding a new Section 5. 90 to
read :
"Sec. 5. 90. . Sprinkier Syst.2ms. Notwithstanding any provision
of the North Carolina State Building Code or any general or local
law to the contrary, the Board of Aldermen may adopt an ordinance `
requiring that sprinkler systems be installed in all of the
following types of buildings constructed within the town or its
extraterritorial planning jurisdiction : (i) buildings in excess
of 50 feet in height ; (ii) nonresidential buildings containing at
least 5, 00 0 square feet of floor surface area ; or (iii) buildings
designed for assembly occupancy (as defined in the North Carolina
State Building Code) that accommodate more than 25 people. This
ordinance appli es to existing buildings only to the extent and
under the circumstances that the provisions of the North Carolina
State Building Code apply to preexisting buildings. "
Sec . 7. _ This act is effective upon ratification.
In the General Assembly read three times and ratified,
this the 7th day of June, 1985.
ROBERT S. JURDAN III
Robert B. Jordan III
President of the Senate
LISTON B. RAMSEY____ _
Liston B. _ Ramsey
Speaker of the House of Representatives
4 House Bill 690