Agenda - 04-21-1998 - 10b - Laserfiche WebLink

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AANC M Apartment Association of North Carolina Representing the Multi - Family Housing Industry in North Carolina January 23, 1998 Mr. John Link Orange County Manager P.O. Box 8181 Hillsborough, NC 27278 Re: Orange County School Impact Fees Dear Mr. Link PS/ �J "09- V Our Association continues to have a keen interest in having a conversation with yourself, Orange County Attorney Jeff Gledhill, and the Orange County Board of County Commissioners on the subject of the calculation of Orange County school impact fees. We contend that the imposition of these fees on multi-family rental housing, which is a readily identifiable class of properties that by its very nature houses fewer children than single - family housing and thus has demonstrably less of an impact on educational facility costs, is inequitably high and very possibly illegal. Please see the attached letter written to Mr. Gledhill on September 30, 1997. The North Carolina Court of Appeals, in a 1989 case, adopted the "rational nexus" test requiring exactions to be properly and fairly related to the need for new public facilities generated by a new development. In our view, apartment developers have, since 1993, paid and are continuing to pay school impact fees in your county which are substantially beyond that portion of the cost which is reasonably attributable to the needs created by new apartment construction. Our Association commissioned an independent University of North Carolina study on this subject last year. We have shared all of the findings with Mr. Gledhill, and Mr. Collins and Mr. Bell of the Planning Department. UNC's Dr. Emil Malizia wrote, "Charging impact fees on apartment units at half the fee charged to single - family or less would be more consistent with the actual impacts on public schools. Furthermore, the impact fee would be far less regressive as a result ". We note that the consultant for neighboring Chatham County states that the maximum supportable impact fees per housing unit are $3,529 for single - family and $1,164 for multi- family. Units of government have a duty to achieve the highest possible level of equity in attempting to recover actual costs, or in forecasting future cost recovery. I will phone you next week for your reaction to this letter and for your advice on how to best proceed. Thank you. Sincerely, Kenneth N. Szymanski, AICP Executive Director cc Mr. Jeff Gledhill 711 Fast Morehead St. • Suite 201 • Charlotte, North Carolina 28202.7043349511 • FAX 704 - 333 -4221