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HomeMy WebLinkAboutORD-2017-011 Ordinance - Article II - Educational Facilities Impact Fee, Section 30-31 OPD Pf9F S-& air'? Sal ARTICLE II. - EDUCATIONAL FACILITIES IMPACT FEE Sec. 30-31. - Legislative findings. The Orange County Board of Commissioners makes the following legislative findings: (1) Orange County public school facilities are vital to the health, safety, welfare, and economic prosperity of Orange County; (2) That public school facilities in Orange County must be expanded in order to maintain current levels of service if new development is to be accommodated without decreasing current levels of service; (3) To finance the expansion of the public school facilities in Orange County necessary to maintain current levels of service while accommodating new residential growth, several methods of finance will be employed, one of which will require new residential development to pay an appropriate share of the reasonably anticipated new educational facilities in the form of school impact fees; and (4) These school impact fees will provide, in a reasonable manner, for the public health, safety, and welfare of persons residing within Orange County by providing a portion of the costs of new school facilities which bears a relationship to the benefits of the new school facilities to the new residential growth in Orange County. Sec. 30-32. - Definitions. For the purposes of this Ordinance, the following terms shall have the following definitions: Accessory Dwelling Unit. A dwelling unit located on the same lot as another dwelling unit and recognized as an accessory use by the local zoning code. Certificate of Occupancy. A certificate issued by Orange County or a municipality located therein allowing the occupancy or use of a dwelling unit and certifying that the building or structure has been constructed and will be used in compliance with all applicable codes and ordinances. Dwelling Unit. A room or group of rooms forming a single independent habitable unit with facilities used or intended to be used for living, sleeping, cooking, and eating by one family. Types of dwelling units include Manufactured Homes, Multifamily, Single Family Attached, and Single Family Detached. Each dwelling type may be Age Restricted or not. Dwelling Unit, Age Restricted Unit. A dwelling unit, regardless of type (detached, attached, multi- family, etc.), located in a development that restricts the number of units with occupants aged under 55 years old and whereby the age restriction is achieved by deed restrictions, homeowners association documents, and/or restrictive covenants. Dwelling Unit, Manufactured Home. A dwelling unit built in a factory in accordance with the federal Manufactured Home Construction and Safety Standards, commonly referred to as the 'HUD' Code. Dwelling Unit, Multifamily. A group of dwelling units which share a common floor-to-ceiling wall or share the wall of an attached garage or porch with an adjacent dwelling, but not otherwise defined as a Single Family Attached Dwelling Unit. Dwelling Unit, Single Family Attached. A group of dwelling units which share a common floor-to- ceiling wall or share the wall of an attached garage or porch with an adjacent dwelling and in which all units have a ground-floor living space. Units located above ground floor non-residential (i.e. retail or office) uses are not included in this definition. Dwelling Unit, Single Family Detached. . A dwelling unit which is neither a Manufactured Home Dwelling Unit, Accessory Dwelling Unit, or attached to other dwelling units (as with Multifamily or Single Family Attached). Page 1 Feepayer. The person constructing or responsible for having constructed a new dwelling unit or new dwelling units. In the case of a mobile home, the person installing or responsible for having installed a new mobile home or new mobile homes. Sec. 30-33. -School impact fees imposed on new residential dwelling units. In addition to all other charges prescribed by ordinance or resolution now or hereafter in effect, there shall be public school impact fees charged to new residential dwelling units located within Orange County, and within the municipalities and their extraterritorial planning jurisdictions located within Orange County. No person may occupy any new residential dwelling unit until all applicable public school impact fees contained in the following schedule have been paid in full. No certificate of occupancy or other type of occupancy permit shall be issued for any new residential dwelling unit until the public school impact fees hereby required have been paid in full. Payment of such fees shall not relieve the feepayer from the obligation to comply with applicable land development regulations of Orange County or the municipalities located within Orange County. Schedule of Public School Impact Fees The amount of public school impact fee shall be as shown in the following tables: Chapel Hill—Carrboro City Schools District Fee Dwelling Unit Type Effective May 17, 2017 Single Family Detached $11,423 Single Family Detached $1,655 <800 sq. ft. Single Family Attached $6,610 Multifamily $1,286 Manufactured Home $4,939 Age Restricted Unit $325 Orange County Schools District Fee Dwelling Unit Type Effective May 17, 2017 Single Family Detached $5,623 Page 2 Single Family Detached $1,426 <800 sq. ft. Single Family Attached/ $1,743 Multifamily Manufactured Home $2,678 Age Restricted Unit $268 New residential dwelling units qualifying for the age restricted impact fee must remain age restricted for a minimum period of 20 years after the impact fee is paid. The owner of any age restricted dwelling unit changed to a non-age-restricted unit before the 20-year period expires shall be required to pay the difference between the age restricted impact fee paid and the impact fee in effect for the dwelling unit type at the time of the change. Sec. 30-34. -Public school impact fee exceptions. Public school impact fees as provided in Section 30-33 shall not be imposed in the following circumstances: (1) Buildings or structures, including alterations, repairs, renovations or additions thereto, which are to be occupied and used solely for non-residential purposes. (2) Residential dwelling units for which a building permit was obtained prior to the effective date of this Ordinance. (3) Alterations, repairs, renovations or additions to a residential dwelling unit. (4) Replacement of a building, structure or mobile home used for residential purposes, including the following: a. Installation of a replacement mobile home on a separate lot or mobile home park space when an educational facilities impact fee for such lot or space has been previously paid pursuant to this Ordinance or where a residential mobile home legally existed on such lot or space on or before the effective date of this Ordinance. For the purposes of this Ordinance, "legally existed" shall mean that a mobile home was located on the lot or space during the five-year period prior to the date of adoption of this Ordinance. b. Replacement of a building, structure or mobile home damaged, destroyed or partially destroyed by: the exercise of eminent domain; human acts, such as riot, fire, accident, explosion; or flood, lightning, wind or other natural calamity, with a new building, structure or mobile home. A residential building, structure or mobile home may be replaced with a new building, structure or mobile home of the same or dissimilar dwelling type. For example, a mobile home may be replaced with a mobile home. Likewise, a mobile home may be replaced with a stick-built structure. In either case, however, the number of dwelling units may not be increased. (5) Accessory buildings and structures, including, but not limited to, garages, decks, storage buildings, and similar structures, provided they are not used for residential purposes. (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: Page 3 a. A mobile home being used to provide custodial care under the provisions of an approved Special Use Permit. b. 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. Sec. 30-35. -Collection of fees. (a) Creation of public school benefit area trust funds. Public school impact fees collected by Orange County pursuant to this Ordinance shall be kept separate from other revenue of the County. There shall be one trust fund established for each of the benefit areas. The benefit areas correspond to the school district boundaries as determined by the School Districts and as illustrated on the attached map labeled Public School Benefit Areas. (b) Responsibility for fee collection. (1) All public school impact fees are due to Orange County and shall be paid to Orange County prior to a certificate of occupancy being issued for a dwelling unit. The fees will be collected by Orange County and/or by interlocal agreement between Orange County and a municipality located therein. All public school impact fees shall be properly identified by the appropriate benefit area and transferred for deposit in the appropriate trust account. (2) Where there is an interlocal agreement in effect for collection of the public school impact fees by a municipality, the municipality shall 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 shall deposit the fees in the appropriate trust fund. (c) Limitation on expenditure of funds. Funds withdrawn from public school impact fee trust accounts shall be used solely in accordance with the following provisions: (1) Funds shall be used for capital costs associated with the construction of new public school space, including new buildings or additions to existing buildings or otherwise converting existing buildings into new public school space 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; infrastructure improvements; and/or debt service payments and payments under leases through which to finance such costs. (2) Funds shall be used exclusively for capital improvements within the benefit area from which the funds were collected. (3) Funds may be used for providing reimbursements as permitted in subsection (e)of this Section. (4) No funds shall be used for public school operating expenses, periodic or routine maintenance, or the administration of this public school impact fee program. (5) Following their collection, funds shall be expended within ten (10) years, 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. (d) Interest on fees. Any public school impact fee funds on deposit and not immediately necessary for expenditure shall be invested as allowed in N.C. General Statute 159-30 for other public moneys. All income derived shall be deposited in the applicable trust fund. (e) Reimbursement of fees. (1) Any funds not expended within the time frame established in subsection (c)(5) of this Section. shall be returned to the feepayer, or the land owner if the address of the feepayer provided to Page 4 Orange County is not current, with interest at a rate not to exceed that being paid on public school impact fees deposited in accordance with subsection (d) of this Section. (2) If the Schedule of Public School Impact Fees as contained in Section 30-33 is reduced due to an updated school impact fee study that results in changes to impact fee levels charged, no refund of previously paid fees shall be made. If the Schedule of Public School Impact Fees as contained in Section 30-33 is reduced due to reasons other than an updated school impact fee study, the difference between the old and new fees shall 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 deposited in accordance with subsection (d) of this Section. If the Schedule of Public School Impact Fees as contained in Section 30-33 is increased, no additional fees shall be collected from new construction for which certificates of occupancy have been issued. (3) Where an impact fee has been collected erroneously, or where an impact fee has been paid, and the feepayer subsequently files for and is granted an exception as permitted in Section 30- 34, the fee shall be returned to the feepayer. (f) Annual report. A report shall 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 report shall,also include an evaluation of this Ordinance, including its effectiveness and enforcement, and the methods and data used to calculate the Schedule of Public School impact Fees contained in Section 30-33. The Board of County Commissioners shall review the report to determine if, within each benefit area, all areas of new construction are being benefited by the fees. If the Board of County Commissioners determines that areas of new construction are not being benefited, then it shall readjust the capital improvements program to correct this condition. If, after review of the methods and data used to calculate the Schedule of Public School Impact Fees, the Board of County Commissioners 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. Sec. 30-36. -Credits. (a) Any conveyance of land for a public school site or construction of new school facilities received and accepted by Orange County, a municipality located in Orange County, and/or the Orange County or Chapel Hill-Carrboro School Board from a landowner may, at the election of the landowner, be credited against the public school impact fee due if the conveyance or construction meets the same needs as the public school impact fee in providing new public school facilities. If the landowner elects to receive credit against the amount of the public school impact fee due for such conveyance or construction, the landowner shall, prior to the agreement to convey land for or construct new public school facilities, or the conveyance of land for or construction of new school facilities, enter into a fee agreement with the County. The fee agreement shall provide for the establishment of credits and payment of the fee in a specified manner and time, and shall, upon its execution by the landowner and the County, be binding upon the heirs and assigns of the landowner. (b) The value of land conveyed or facilities constructed by a landowner and accepted by the County, municipality or school board for purposes of this Section shall be determined by an appraisal based on the fair market value of the land or facilities as established by the County. Construction shall be in accordance with applicable County, municipal, school board, and State standards. Any land conveyed for credit under this Section shall be conveyed no later than the time at which public school impact fees are required to be paid. The portion of the public school impact fee represented by a credit for construction shall be deemed paid when the construction is completed and accepted for maintenance or when adequate security for the completion of the construction has been provided. Sec. 30-37. -Penalties. Page 5 (a) In addition to any other remedy allowed by N.C. General Statute 153A-123, the failure to pay a public school impact fee is hereby declared to subject the person responsible for payment of the public school impact fee to a civil penalty. The amount of the penalty shall be equal to the amount of the unpaid school impact fee, plus an interest charge of one-half percent(1/2%) per month compounded monthly and a service charge of one hundred dollars($100.00). (b) The County may assess this penalty against the landowner whereon new construction has occurred without payment of the public school impact fee. However, no service charge will be assessed when the County staff has made an error in the fee determination. Furthermore, no penalty shall be assessed until the person or persons alleged to be in violation are served by registered mail, certified mail- return receipt requested, or personal service with notice to pay. (c) The County Attorney is hereby authorized to institute a civil action in the name of Orange County in the appropriate division of the General Court of Justice in Orange County for recovery of the penalty. All moneys recovered shall be deposited in the appropriate trust fund. Sec. 30-38. - Legal status provisions. (a) All ordinances and clauses in conflict herewith are hereby repealed to the extent of said conflict. If any clause or Section of this Ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of this ordinance which can be given separate effect, and, to this end, the provisions of this Ordinance are declared to be severable. (b) This Ordinance shall not diminish any prior contractual, conditional zoning, or special or conditional use district zoning obligation to pay for or install road, park or other improvements required by Orange County or a municipality located therein, nor shall the fulfillment of those obligations diminish any applicable public school impact fee owed to the County. This Ordinance shall not diminish any prior obligation of the County or a municipality located therein to reimburse persons for road, parks or other improvements, nor shall the fulfillment of those obligations by the County or a municipality diminish any applicable credit owed to the feepayer. Secs. 30-39-30-70. -Appeal to the Orange County Board of Adjustment [Reserved]. Sec. 30-80. - Effective date. This Ordinance shall be effective from and after the 1st day of July, 1993. This Ordinance shall only apply to residential dwelling units for which building permits are issued on and after the effective date of the Ordinance or any amendment thereto. Page 6 RES-2017-031 RESOLUTION OF AMENDMENT AN ORDINANCE AMENDING CHAPTER 24 OF THE ORANGE COUNTY CODE OF ORDINANCES AND A RESOLUTION REPEALING RESOLUTIONS 2016- 083 AND2017-018 WHEREAS, the State of North Carolina authorizes Orange County to impose impact fees through Title VI of Chapter 460 of the Session Laws of 1987, as amended by Chapter 324 of the Session Laws of 1991 and Part 4 of Chapter 642 of the Session Laws of 1993; and WHEREAS, the General Assembly is considering amending the County's authority to impose impact fees through House Bills 406 and 436; and WHEREAS, in order to study how best to remain in compliance with the proposed laws and to study issues raised by the General Assembly and collect further data; and WHEREAS, the Orange County Board of Commissioners, believing it to be in the best interest of the citizens and residents of Orange County, hereby determines that Chapter 30 of the Orange County Code of Ordinances should be amended to repeal the impact fee amounts adopted on November 15, 2016 and . NOW THEREFORE BE IT ORDAINED that the Code of Ordinances, Orange County, North Carolina, Chapter 30, by majority vote of the Orange County Board of Commissioners, is hereby amended by amending section 30-33, which section reads as shown in the attached revised ordinance amending the Educational Facilities Impact Fee in Orange County. BE IT FURTHER RESOLVED, that Resolutions 2016-083 and2017-018 adopted on December 13, 2016 and April 4, 2017, respectively, are hereby repealed. BE IT FURTHER RESOLVED that the County Manager is authorized to refund that portion of any impact fees paid between January 1, 2017 and May 16, 2017 that exceeds the amount of impact fees that would have been paid for the same project on January 1, 2012. This Amendment shall become effective upon adoption. Adopted by the Orange County Board of Commissioners this 16th day of May, 2017. By: Attest: Mark Dorosin, Chair Donna 13a ker, oard Orange County Board of Commissioners i 7 5z ��rt�! Q[ati4``fie