Loading...
HomeMy WebLinkAboutAgenda - 12-11-2008 - 6d lateREVISED- 12/9/08 Abstract and New Attachments ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 11, 2008 Action Age d~ Item No. ro SUBJECT: Educational Facilities Impact Fee Ordinance DEPARTMENT: Planning /Budget PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: 1. Proposed Ordinance Changes Craig Benedict, 245-2592 (changes are indicated in strike- Donna Coffey, 245-2151 through/underline format) Perdita Holtz, 245-2611 2. Letters from CHCCS and OCS 3. Impact Fee at Various Levels and Projected Revenue Produced 4. Existing and Proposed Impact Fees - Changes in 2009 5. Adopted Student Generation Rates and Results of 2007 Study and Relationship to SAPFO (Schools Adequate Public Facilities Ordinance) 6. Impact Fee Levels in Counties with legislative approval to Levy Impact Fees 7. Proposed Addition (Appendix C) to the TischlerBise, Inc. School Impact Fee Reports PURPOSE: To authorize an additional appendix to the School Impact Fee Reports prepared by TischlerBise, Inc.; make a decision regarding an amendment to the Educational Facilities Impact Fee Ordinance to adopt updated impact fee levels effective January 1, 2009 and provide for incremental increases until 2013; to accept the student generate rate calculated in the TischlerBise, Inc. reports; and to direct staff to begin the process outlined in the Schools Adequate Public Facilities Ordinance (SAPFO) to update the student generation rates used in SAPFO. BACKGROUND: Orange County adopted the Educational Facilities Impact Fee Ordinance in 1993 and last updated impact fee levels in 2001. In 2007, the County contracted with TischlerBise, Inc. to produce an updated impact fee study. Copies of the draft reports were sent to the School Districts, BOCC, and municipal Planning Directors on July 22, 2008 and the Board formally received the draft Educational Facilities Impact Fee reports at its October 7, 2008 regular meeting. This topic was also discussed at the September 25, 2008 Joint Schools REVISED- 12/9/08 Abstract and New Attachments meeting and at the October 14, 2008 BOCC work session. Letters received from the school districts are included as Attachment 2. On December 1, 2008, the BOCC conducted a public hearing on the consultant reports. Seven (7) persons, all homebuilders and/or realtors, spoke at the public hearing in opposition to raising the impact fee. The staff proposed fee level ranges considered at the public hearing were as follows: • $5,069 - $11,423 for a new single-family detached dwelling in the Chapel Hill -Carrboro City Schools (CHCCS) district, and • $3,000 - $5,623 for a new single-family detached dwelling in the Orange County Schools (OCS) district. For reference purposes the current impact fees adopted in 2001 are shown in the table below: Adopted School Impact Fees (2001) [NOTE: Fee levels were adopted at 60% of the Maximum Supportable Im act Fee MSIF for CHCCS and 56% of the MSIF for OCS Chapel Hill-Carrboro Orange County Schools Schools Single-Family & Multi-wide $4 407 $3 000 Manufactured Homes , , Multi-Family & Single-wide $1 979 $1 420 Manufactured Homes , , The County Attorney has indicated to staff the County should adopt impact fees at the same percentage of the respective MSIF in each school district. Based on budget needs and comments heard at the public hearing, staff is proposing impact fee levels be increased on an incremental basis as shown in the following tables. Chapel Hill -Carrboro City Schools Staff Recommended Educational Facilities Impact Fee Levels Effective Effective Effective Effective January 1, July 1, January 1, January 1, 2009 2009 2011 2013 32% MSIF 40% MSIF 50% MSIF 60% MSIF Sin le-Famil Detached $6,092 $7,616 $9,520 $11,423 Sin le-Famil Attached $3,525 $4,406 $5,508 $6,610 Multifamil $686 $858 $1,072 $1,286 Manufactured Homes $2,634 $3,293 $4,116 $4,939 REVISED- 12/9/08 Abstract and New Attachments Orange County Schools Staff Recommended Educational Facilities Impact Fee Levels Effective Effective Effective Effective January 1, July 1, January 1, January 1, 2009 2009 2011 2013 32% MSIF 40% MSIF 50% MSIF 60% MSIF Sin le-Famil Detached $3,000 $3,749 $4,686 $5,623 Single-Family Attached / Multifamil $g30 $1,162 $1,453 $1,743 Manufactured Homes $1,428 $1,785 $2,232 $2,678 As the tables show, the impact fee for single-family detached dwellings in OCS is currently at 32% of the MSIF and will not change from the current impact fee amount of $3,000 until July 1, 2009 when it is proposed to increase to $3,749. In keeping with the County Attorney's recommendation that impact fees be set at the same percentage of the MSIF in each school district, staff is recommending the impact fee also be set at 32% of the MSIF in CHCCS which will result in an increase of $1,685 per new single-family detached dwelling effective January 1, 2009. Because of current economic conditions, staff is recommending future increases in the impact fee occur gradually beginning on July 1, 2009 with additional increases effective January 1, 2011 and January 1, 2013. Since the recommended fee levels are well below the MSIF, linking increases to a construction index is not necessary at this time and could provide less certainity as to expected fee levels should the construction index flucuate significantly from year to year. Because of refinement in the categories of dwelling types, some types of new dwellings will experience an increase in impact fee levels while other dwelling types will experience a decrease in fee levels (see Attachment 4). Impact fees are paid at the time a Certificate of Occupancy is issued for a dwelling. In response to questions raised after the public hearing, staff is recommending an additional Appendix (Appendix C) be added to the reports prepared by TischlerBise, Inc. The recommended appendix describes the various housing types, as used in the impact fee calculations (see Attachment 7). It is generally recommended impact fee studies be updated every 3-5 years depending on the level of development occurring in a local government's jurisdiction. Updates are recommended at this frequency to keep reasonably current on construc#ion costs, types of new housing being constructed, and student generation rates. Therefore, the County should schedule a formal update to the educational facilities impact fee ordinance in fiscal year 2013-14. After adoption of updated fee levels by the BOCC, Planning Department staff will post notices in the Building Permit office advising people of the change in impact fees and the effective dates and will provide notices to the municipalities so they may do the same. Student generation rates were calculated as part of the impact fee update process as the rates are part of the formula to determine the MSIF. The Schools Adequate Public Facilities Ordinance (SAPFO) also uses student generation rates as part of the SAPFO processes. The REVISED- 12/9/08 4 Abstract and New Attachments SAPFO Memorandum of Understanding (MOU) contains the process to be followed when making changes to SAPFO methods. While there is not sufficient time to follow the process and adopt updated student generation rates before the February 1 deadline stipulated in the MOU, the BOCC may direct staff to begin the process outlined in the MOU. The SAPFO Technical Advisory Committee (SAPFOTAC) can then consider this issue concurrent with the annual SAPFOTAC Report that is prepared each spring. FINANCIAL IMPACT: Projected revenue generation to offset part of debt service incurred to add capacity at educational facilities have been calculated at various fee levels and are shown in Attachment 3. RECOMMENDATION(S): The Manager recommends the Board: 1. Authorize the addition of Attachment 7 as Appendix C to the 2007 TischlerBise School Impact Fee reports; 2. Accept the student generation rates calculated in the 2007 TischlerBise School Impact Fee reports; 3. Adopt the impact fee levels and effective dates as detailed above and contained in the attached Ordinance; and 4. Direct staff to begin the process of updating and incorporating student generation rates into the Schools APFO. Attachment 1 ORANGE COUNTY EDUCATIONAL FACILITIES IMPACT FEE ORDINANCE SECTION 1 - 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 ifi new development is to be accommodated without decreasing current levels of service; 3. 'To finance the expansion of the public schoo[ facilities in Orange County necessary to maintain current levels of service while accommodating new .residential growth, several methods of finance wilt 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 weifare of persons residing within Orange County by providing a portion of the costs of new schoo! facilities which bears a relationship to the benefits of the new school facilities to the new residential growth in Orange County. SECTION 2 -DEFINITIONS For the purposes of this ordinance, the following terms shall have the following definitions: . Certificate of Occupancy. A certificate issued by Orange County- or a municipality {acated therein allowing the occupancy or use of a dwelling unifi 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. Feepaver. The person constructing or responsible for having constructed a new dwelling unit or new dwel[ing units. In the case of a mobile home, the person ~insfialling or responsible for having installed a new mobile home or new mobile homes. tmpaat Fee Ordinance 1 SECTION 3 - SCN40L. IMPACT FEES IMPOSED ON NEW RESIDENTIAL f~WEI.LING 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 ail applicable public school impact fees contained in the following schedule have been paid in foil. 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 -Per-s~iegls-#a+~ily ~ The amount of public school impact ~e shall be as shown in the followinci tables:2 Chapel Hill ~ Carrboro City Schools Diistrict Effective Januar~l. 2009 Effective ~ July 1. 2009 Effective Januar~1, 201'1 Effective January 1. ~ 2093 Sin ie-Famil Detached 6 092 7 6'16 9 520 19 423 Sin le-Famii Attached 3 525 406 5 508 6 610 Multifamil 686 858 1 072 286 Manufactured Homes 2 634 3 293 4 196 939 z Amended December 71 2008• effective dates as specified in 'cables. Impact l=ee Ordinance 2 Oran~te County Schools District Effective ~ Effective Effective Effective January 1, July 11, January 'i . .January 1. 2009 2009 2091 2013 Sin le-Famil Detached 3 000 3 749 4 686 5 623 Sin Iq eiFamily Attached ! g30 1 162 9 453 1 743 Multifamil Manufactured Homes 1 428 1 785 2 232 2 678 SECTION 4 -PUBLIC SCHOOL IMPACT FEE EXCEPTIONS Public school impact #ees as provided in Section 3 shall not be imposed in the foNowing circumstances: 1. Buildings or structures, including alterations, repairs, renovatians 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. 4.3 Replacement of a building, structure or mobile home used for residential purposes, including the following: a. Installation of a replacement mobile dome on a separate lat 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 fihe 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, Errs, 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 $ Amended Apra[ 3,1995. Impact Fee Ordinance 3 type. For example, a mobile home may be replaced with a mobile home. Likewise, a mobile home may be replaced with astick-built structure. In either case, however, the number of dwelling units may not be increased. 5. Accessory buildings and structures, including, but nvt limited to, garages, decks, storage buildings, and similar structures, .provided ifiey are not used for residential purposes. 6 a 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. _ 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 construe#ion of a stick-built dwelling unit. ° Amended Aprti 3, 1985. Impact Fee ordinance 4 SECTION 5 -COLLECTION OF FEES A, CREATION OF PUBLIC SCHOOL BENEFIT AREA TRUST FUNDS Pu61ic 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 far 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 Ail 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 property identified by the appropriate benefit area and transferred for deposit to the appropriate trust account. Where there is an interlocal agreement in effect far collection of the public school impact fees by a municipality, the municipality shall remit the fees to Orange County as provided in the agr®ement, 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: I.~ 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 schaol 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; andfor 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 Section 5.E. s Amended April 3,1995; February 26, 1996. Impact Fee Ordinance 5 !~ 4. No funds shalt 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 ofi 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. Genera! Statute 159-30 for other public moneys. All income derived shall be deposited fi the applicable trust fund. E.~ REIMBURSEMENT OF FEES Any funds not expended within the time frame established in Section 5.C.5. shall be returned to the feepayer, or the [and owner if the address of the feepayer provided to Orange County is not cun'ent, with interest at a. rate not to exceed that being -paid on public school impact fees deposited in accordance with Section 5.D. if the Schedule of Public School Impact Fees as contained in Section 3 is reduced, the difference between the old and new fees shalt be retumed 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 Section S.D. if the Schedule of Public School Impact Fees as contained in Section 3 is increased, no additional fees shalt be collected from new construction for which certificates of occupancy have been issued. 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 4, the fee shalt be retumed to the feepayer. s Amended April 3, 1995. Impact Fee Ordinance 6 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 5chooi impact Fees contained in Section S. 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. I#, 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 s#aff to prepare a report which outlines recommended changes for its consideration. SECTION 6 - CRE©ITS7 Any conveyance of land for a pubiic school site or construction of new school facilities received and accepted by Orange County, a municipality located in Orange County; andlor the Orange County or Chapel Hill-Carrboro School Board from a landowner may, at the election of the landowner, be credited agains# 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 far or construct new public school facilifies, or the conveyance of land for or construction of new school facilities, enter into a fee agreement with the Bounty. The fee agreement shall provide'for the establishment of credits and payment of the fee in a specified manner and time, and shah, upon its execution by the landowner and the Coun#y, be binding upon the heirs and assigns of the landowner. The value of land conveyed, or facilities constructed by a landowner and accepted by the County, municipality or school board #or 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 whit 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 constnuction has been provided. s Revised February 26, 1896. Impact Fee Ordinance 7 SECTION 7 -PENALTIES In addition to any ether remedy allowed by N.C. General Statute 153A-123, the failure to pay a public school impact fee is hereby declared to subjec# the person responsible for paymen# 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 (1I2%) per month compounded monthly and a service charge of one hundred dollars ($1 ~OAO). 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 witl be assessed when the Coun#y 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. The County Attorney is hereby authoitized 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. SECTION 8 -LEGAL STATUS PROVISIONS Ali ordinances and clauses in conflict herewith are hereby repeated to the extent of said conflict. !f any clause or section of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shalF not affect other provisions or application of #his ordinance which can be given separate effect, and; to this end, the provisions of this ordinance are declared to be severable. This ordinance shah not diminish any prior contractual or special or conditional use district zoning obligation tv 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 #ulftllment of those obligations by the County or a municipality diminish any applicable credit owed to the feepayer. SECTION 9 -APPEAL TO THE ORANGE COUNTY BOARD OF ADJUSTMENT [Reserved] SECTION 74 -EFFECTIVE DATE Impact Fee Ordinance 8 This ordinance shalt be effective from and after the 1st day of July, 1993. This ordinance shall only' apply to residentla! dweiling units for which building permits are issued on and after the effective date of the ordinance or any amendment thereto. Adopted this 7th day of June 9 993. Amended: April 3, 1995 June 5, 1995. February 26, 1996 June 3, 1996 June 25, 2001 December 11 200$ Impact t=ee Ordinance 9 September 8, 2008 Barry Jacobs, Chair Board of County Commissioners PO Box 8189 Hilisborough~, NC 27278 Dear Commissioner Jacobs: .RFCF_ `~ `~TEI~ s~~ ~ ~ ~ zaos Y- At its meeting on September 3, 2008, the Chapel Hill-Carrboro Board of Education approved the following resolution: Be it, therefore, n:solved that the Board of Education urges the Orange County Board of Commissioners to increase the school impact fees in order to provide a source of funding to constnact new schools to keep pace with the district's growing student population and the escalating cost of construction. Be It further resolved that fine Board of Education urges the Orange County Board of Commissioners to cantinas to reimburse the impact fee far newly constructed affordable housing. We look forward to further discussion on this importan# topic at our joint meeting on September 25, 2008. Sincerely, `-'~7Y-~/~-~-~- Pamela S. Hemminger, Chair Board of Education C: Laura Blackmon Neil Pedersen ~ac~men-E Z IM Uncoln Center, 750 S_ Merritt Mill Road • Chapel Hili, NC 27618-2878 • {918) 987-8211 • www.chacs.kl2.nc.us -g ®~ae C®a~n Sc~®~~ - 20® ~.s~ ~n~ S~r~et Ha~lsbor®u~h,1~C 272'~~ G. Patrick Rhodes (919) 732-8126 Telephone Superintendent (919) 73Z-81?A Fax www.orange.kl2.nc.us September 19, 2048 lvlr. Craig Benedict, Director Orange County Plaguing and Inspections Deparbanent 306 F Revere Road, PO Box 8181 Hillsborough, NC 27278 Dear Mr. Benedict: ltE: School Impact Fees The Orange County Bcard of Education held a discussion at their September 2, 2008 Board meeting regarding the Draft School Impact Fees Report completed by'fischierBise. In response to the request for our Hoard tQ provide comments pertaining to the report, I am providing the following excerpt from the approved minutes of the September 2 meeting: Board members agreed by consensus to reply to the County Commissioners stating the Board of Education supports the County Commtastoners in all their efforts to fully fund our school district Administration recommends the percentage of the maximum supportabYe impact fee remain at 5640 The Orange County Hoard of Education fully supports the Board of Coumry Commissioners' efforts to fund 8~e Orange County Schools and supports the current impact fee leveis. Please let me lmow if you need any additional information. Sincerely, G. Patrick Rhodes Superintendent /pmc x: Orange County Board of Education g~P ~ 3 ~p08 Projected Impact Fee Revenue Produced at Various Levels The tables bebw provide impact fee levels at various percentages of the maximum supportable impact fee (MSIF) as defined In the 2007 technical re orts re ared by Tischler8lse, Inc. Current Impact Fee for S~gle Famiy Homes _. ........ _ ~ _ __ ,.,... r_ ~ __,_ IocaOed In CHCCS School pisdkt Current Impazt Fee for Single Family Homes n.~ o (`nnniv Gl~nnla ~~ ~ ~ ~i`~~ J 12/02/2008 10096 90% 809/e 70% a 64% 56% 50% 40°~ 32% 30°~ 20% 10% Sin le Famil Detached $9 372 $8435 $7 498 $6 560 5 623 $5 248 4 686 $3 749 000 2 812 $t 874 $937 Single Family $2,905 $2,615 $2,324 $2,034 $1,743 $1,627 $1,453 $1,162 $930 $872 $581 $290 Attached/Muitifami Manutacwred Homes $4,463 $4,017 $3.570 $3,124 2,678 $2499 $2,232 $1 785 1 428 $1,339 $893 446 Tetel protected Revenue 52,798,491 $2,518,642 $2,238,793 $7,956,944 $1,679,095 $1,567,061 51,399,246 $1,118,396 $895,784 $639,547 $559,698 $279,849 [`I- W Existing and Proposed Educational Facilities Impact Fees -Changes in 2009 Cha el Hill - Carrboro City Schools Existing Impact Fee Jan 1, 2009 Proposed ncrease (Decrease) Over Existing o ncrease Decrease. Over Existing Juiy 1, 2009 Proposed ncrease (Decrease) Over Existing o ncrease Decrease Over Existing SFD $4,407 $6,092 $1,6$5 38% $7,616 $3,209 73% SFA $1,979 $3,525 $1,546 78% $4 406 $2,427 123% MF $1,979 $686 $1,293 -65% $$58 $1,121 -57% SWMH $1,979 $2,634 $655 33%. $3,293 $1,314 66% MWMH $4,407 $2 634 $1,773 -40% $3,293 $1,114 -25% Orange Coun Schools Existing Impact Fee Jan 1, 2009 Proposed ncrease (Decrease) Over Existing o ncrease Decrease July 1, 2009 Over Existing Proposed ncrease (Decrease) Over Existing o ncrease Decrease Over Existing SFD $3 000 $3 000 $0 ~ 0% $3,749 $749 25% SFA $1420 $930 $490 -35% $1,162 $258 -18% MF $1,420 $930 $490 -35% $1,162 $258 -18% SWMH $1,420 $1,428 $8 1% $1,785 $365 26% MWMH $3 000 $1 428 $1,572 -52% $1,785 $1,215 -41% KEY SFD Single Family Detached SFA Single Family Attached ', MF Multi-Family/Efficiency Apt. SWMH Single Wide Manfactured Home MWMH Multi-Wide Manufactured Home S D Attachment 5 !g Adopted Student Generation Rates and Results of 2007 Study and Relationship to SAPFO (Schools Adequate Public Facilities Ordinance) Student generation rates have increased in both school districts from the rates calculated in 2001. The Adopted (2001) student generation rates are as follows: Ado fed Student Generation Rates 2001 C ha el Hil l-Carrbo ro Scho ols Ora n a Cou nt Sch oois Elem. Middle High Alf ~ Elem. Middle High All Grades Grades Single- 0.168 0.095 0.123 0.386 0.150 0.075 0.084 0.309 Famil Other 0.094 0.042 0.043 0.179 0.084 0.033 0.030 0.147 AI! Housing 0.134 0.070 0.086 0.290 0.140 0.068 0.076 0.284 T es The analysis for the 2007 draft report found the student generation rates in the following table. Some data was aggregated slightly differently for the school districts since the housing types found in each distric# vary. {i.e., Single Family Attached / Multifamily was combined for OCS since there is minimal single family attached housing in the OCS district}. 2007 Stud Student Gener ation Rates Cha I Hill-C arrboro Schools Ora n a Cou n Sch ools Elem. Middle High All Elem. Middle High Ail Grades Grades Single-Family 0 263 0.143 0.197 0.603 0.168 0.090 0.126 0.384 Detached Single-Family 158 0 0.077 0.115 0.350 - - - - Attached . Multifamil OA38 0.015 0.017 0.070 - - - - Single-Family Attached / - - - - 0.066 0.022 0.034 0.122 Multifamil ' Manufactured 0141 0.066 0.061 0.268 0.096 0.041 0.049 0.186 Homes All Housing 0.149 0.078 0.105 0.332 0.145 0.074 0.102 0.321 T es The contract with TischlerBise, Inc. included an update to student generation rates because student generation rates are a factor, along with school construction costs, in the Maximum Supportable Impact Fee calculation. The Educational Facilities Impact Fee Ordinance is independent of and preceded the Schools Adequate Public Facilities Ordinance (SAPFO) effective date. Student generation rates are also a part of SAPFO and the Certificate of Adequate Public Schools (CAPS). system that is component of SAPFO. Although it is logical to update SAPFO processes with the most up-to-date data available, there is not a requirement that SAPFO student generation rates be updated prior to or concurrent with changes to the Educational Facilities Impact Fee Ordinance. For example, the 2001 impact fee study included student generation rates which were adopted into SAPFO in 2003 because they were readily available. The SAPFO MOU contains a process for updating student generation rates (and other statistical methods). The process is as follows: 1. The Board may change the projected student membership growth rate, the methodology used to detem~ine this rate, or the student generation rate if the Board concludes that .such a change is necessary to .predict growth more accurately. 2. Before making any such change, the Board shall receive and consider the recommendation of a staff committee consisting of the planning directors of the Town(s) and the County and a representative of the School District appointed by the Superintendent. 3. The committee shall provide, in a timely manner, a copy of its recommendation to the governing boards at the time it provides such recommendation to the BOCC and the BOCC shall provide an opportunity for the governing boards to comment on the recommendation. 4. if a change is made, the BOCC shall inform the governing boards prior to February 1st in any year in which such change is intended to become effective what change was made and why it was necessary. Attachment 6 Impact Fee Levels in Counties with Legislative Approval to Levy Impact Fees Only two North Carolina counties other than Orange County have legislative approval to levy impact fees. All #hree counties gained approval in 1987 and the state legislature has not approved any requests since that time. The two other counties are Chatham and Catawba. Chatham County currently charges 100% of the Maximum Supportable Impact Fee. Within the last two months, Chatham County has entered into a contract with TischierBise, Inc. to update school impact fees. Current fee levels in Chatham County are as follows: $3,500 for manufactured homes and single-family dwelling units. $1,100 for multi-family residential dwelling units $1,100 for each accessory dwelling unit; this is in addition to the fee paid for the principal residential dwelling unit. Catawba County contracted with TischlerBise and received a report in 2007 but to date have not adopted. school impact fees. For informational purposes, the calculated Maximum Supportable Impact Fee was as follows: Catawba County School System -single-family $6,842, multi-family $1,992 Hickory Public Schools -single-family $7,318, multi-family $3,855 Newton-Conover City Schools- single-family $2,196, multi-family $416 Proposed Addition (Appendix C~ to the TischierBise, Inc. School Impact Attachment 7 Zt Fee Reports Appendix C -Housing Unit Types For the purposes of school impact fee analysis and calculations, the following housing type categories were used. A brief description of each housing category is provided. Single Family Detached: a detached building located on a single lot containing one dwelling unit. In situations where an accessory dwelling unit (i.e., a "mother-in-law suite" or "granny flat"} is located on the same lot, the principal dwelling is categorized as a Single Family Detached dwelling. Examples of single family detached dwellings are site-built houses and modular houses 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 aground-floor living space. Units are individually owned or intended to be individually. owned after initial sales are complete. Examples of single family attached dwellings are duplexes, triplexes, townhouses, row houses, and condominiums in which all uni#s have aground-floor living space. Multifamily: a group of dwelling units which share a common floor to-ceiling wall with an adjacent dwelling. All units may not have aground-floor living space. Units may be individually owned (as is the case with condominiums) or may be owned by one entity and rented/leased to tenants. Also included in this category are dwelling units located above ground-floor non-residential (i.e., retail or office) uses. In situations where an accessory dwelling unit (i.e., a mother-in-law suite, granny flat, or efficiency apartment} is located on the same lot as a principal dwelling, the accessory dwelling unit is categorized as a multifamily dwelling provided the accessory dwelling unit is categorized as such by the local zoning code (i.e., less than 750-800 square feet, depending on the specifics of the local code). Examples of multifamily dwellings include apartments, condominiums in a multi-story building in which all units do not have a ground floor living space, mother-in-law suites and granny flats located on a lot containing a separate principal dwelling, and dwellings located above non-residential uses. Manufactured home: a dwelling built in a factory in accordance with the federal Manufactured Home Construction and Safety Standards, commonly referred to as the 'HUD' Code. Examples of manufactured homes are single-wide, double-wide, and triple-wide "mobile" homes.