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Agenda - 11-15-2016 - 7-a - School Impact Fee Updates
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Agenda - 11-15-2016 - 7-a - School Impact Fee Updates
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11/10/2016 2:55:26 PM
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11/11/2016 8:26:57 AM
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BOCC
Date
11/15/2016
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
7a
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Minutes 11-15-2016
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Path:
\Board of County Commissioners\Minutes - Approved\2010's\2016
ORD-2016-034 Ordinance Amending Chapter 30, Article II - Educational Facilities Impact Fee of the OC Code of Ordinances
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\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2016
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3 <br /> When updated impact fees were last adopted in 2008, the initial fee amount was set at a level <br /> (32% of the 2008 MSIF) expected to collect $1.6 million in the Chapel Hill — Carrboro district in <br /> order to reach the amount budgeted for debt service in that district. The "breakeven point" was <br /> not calculated in 2008 (i.e., the MSIF percentage point was based on budget needs). <br /> Additionally, a four-year implementation period was adopted since the starting point of 32% of <br /> the MSIF provided a very low partial cost recovery. The fee started at 32% of the MSIF on <br /> January 1, 2009 and moved to 40%, 50%, and 60% each January 1 of subsequent years, <br /> completing the annual increases in 2012. <br /> The proposed Ordinances (Attachments 2 and 3) include the section of the County's General <br /> Code of Ordinances that pertains to the Educational Facilities Impact Fee with proposed <br /> amendments shown in "track changes" format. Proposed amendments to this section of the <br /> Code of Ordinances include: <br /> • Adding definitions for the various housing types. <br /> • Updating the schedule of public school impact fees in Section 30-33. <br /> • Adding language in Section 30-33 that would require age restricted units that do not <br /> remain age restricted for at least 20 years be required to pay the difference between the <br /> age restricted fee paid and the non-age-restricted fee in effect at the time a unit is no <br /> longer age restricted. <br /> • Adding language in Section 30-35(e) clarifying under what conditions a refund would be <br /> issued if impact fees were reduced for a particular housing unit type. <br /> • Adding language in Section 30-38 to recognize conditional zoning, which was adopted in <br /> 2011 when the UDO was adopted. <br /> The proposed Ordinances differ as follows: <br /> • Attachment 2 is the Ordinance that assumes a multi-family bedroom split of 50/50 (0-2/3+ <br /> bedrooms) <br /> o Attachment 2 would adopt the impact fee levels at 37% of the MSIF, effective <br /> January 1, 2017 with an increase to 47% of the MSIF on January 1, 2018 and a <br /> final increase to 57% of the MSIF on January 1, 2019. <br /> • Attachment 3 is the Ordinance that assumes a multi-family bedroom split of 75/25 (0-2/3+ <br /> bedrooms) <br /> o Attachment 3 would adopt the impact fee levels at 43% of the MSIF, effective <br /> January 1, 2017 with an increase to 53%% of the MSIF on January 1, 2018 and a <br /> final increase to 63% of the MSIF on January 1, 2019. <br /> • The sole difference between the two Ordinances is the Schedule of Public School Impact <br /> Fees in Section 30-33, reflecting the information in the above bullets. <br /> The adopting Ordinance for both options contains language clarifying building permit application <br /> deadlines and by when a building permit would have to be issued in order to pay the 2016 fee <br /> levels (this is relevant for housing unit types that had a lower 2016 fee). This language is <br /> included to ensure that genuine projects are given ample time to go through the normal <br /> permitting process (which can include required revisions prior to permit issuance) while <br /> discouraging premature applications containing inadequate information but which are submitting <br /> for the purpose of beating fee increase deadlines. <br /> The version of the Ordinance presented at the October 18 BOCC meeting allowed 120 days to <br /> obtain a building permit. As a result of stakeholder comments, this timeframe has been <br /> extended to 180 days. Additionally, in response to stakeholder comments, staff has added <br />
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