Minutes 01-20-2011 - Laserfiche WebLink

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� On January 4, 2011 I realized that the Duke power had been shut off I a vacant residence which I own at 3320 Southern Drive in Efland. The home in question is a 3 bedroom 2 bath single family house. I initially purchased the home in November of 2009 from a house move named Rich Swain. The house was a 4 bedroom duplex at that time and was moved from University Station in Chapel Hill to a vacant lot which I own in Efland. Following the move, I hired THD Construction to build the foundation, set the home, and complete the renovations. A commercial office development has now been built on the lot the home was removed from in Chapel Hill. When I contacted Duke Power regarding the disconnection, they advised me that the permanent power could not be turned on prior to receiving a certificate of occupancy (CO) from Orange County. When I contacted the Orange County Building Department, they advised me that needed to pay $3,000.00 for"impact fees" before they would issue a CO. The renovation of this building was completed in April of 2010, all final inspections were approved and the power had been turned on. The first I heard of these "impact fees" was yesterday. While I have 2 children currently attending the Orange County School system, I cannot understand why the County now insists that I pay an impact fee for a home that was simply moved within the County. In fact, Section 4 of the ordinance, entitled "Public School Impact Fee Exceptions," contains the following language which applies to my home: `Residential dwelling units for which a building permit was obtained prior to the effective date of this ordinance' (effective date July 1, 1993). A `dwelling unit' is defined under the ordinance as, `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.' Clearly, the ordinance accepts homes built prior to July 1, 1993. My home falls within this exception as the original building permits were issued and approved in the 1970's when the duplex was originally constructed. Unfortunately, the building department seems to think that this is of no relevance in assessing this fee. The focus of the building department seems to be that the dirt in Efland was previously undeveloped; therefore, the fee is proper. Unfortunately, the ordinance makes no reference to the lot, and only refers to the "dwelling unit," which in my case, by statutory definition, was permitted and built well before the 1993 ordinance. Furthermore, the ordinance accepts homes which are merely renovated. Once the house was set, the siding was replaced and utilities installed. The house was painted, carpets installed and the wood floors refinished. These types of renovations are clearly accepted from the impact fees by Section 4(3). The ordinance aside, and speaking in common sense only, I have in fact removed a duplex from Chapel Hill which could have housed as many as six school aged children (the parents having separate bedrooms). A commercial development has now replaced this lot and no children will live on that property again in our lifetimes. The house has now been reduced to a 3 bedroom single family residential unit and may house as many as four children. In all fairness, I have in fact REDUCED the impact on the Orange County School System rather than increased it. Should the county continue to exact these fees from small time owners like myself, they will, in effect, be placing an unfortunate burden on the ecosystem. Rather than being moved and renovated, as here, reusable homes will simply be destroyed and sent to the dump based