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(12) The provisions of Section 2 of Chapter 1023, 1987 Session Laws, <br /> incorporated as Section 2.4 of the Charter of the Town of Chapel <br /> Hill, requiring campaign reporting in Town of Chapel Hill <br /> elections, shall apply to all candidates and political committees as <br /> defined in Article 22A of Chapter 163 of the General Statutes in <br /> Town of Chapel Hill recall elections. <br /> (13) No recall petition shall be filed against an officer who has been <br /> subjected to a recall election and not removed thereby, until at <br /> least six months after that election." <br /> Sec. 3. The Charter of the Town of Chapel Hill, being Chapter 473, <br /> Session Laws of 1975, is amended by adding the following new section to read: <br /> "Sec. 5.7A. `Denver Boot' or `Wheel Lock' Devices. The Town of Chapel Hill may <br /> provide by ordinance for the use of wheel locks on illegally parked vehicles for which <br /> there are outstanding, unpaid, and overdue parking tickets. The ordinance shall <br /> provide for notice or warning to be affixed to the vehicle, immobilization, towing, <br /> impoundment, appeal hearing, an immobilization fee not to exceed fifty dollars <br /> (550.00), and charges for towing or storage. The Town shall not be responsible for <br /> any damage to an immobilized illegally parked vehicle resulting from unauthorized <br /> attempts to free or move such vehicle." <br /> Sec. 4. The North Carolina Department of Transportation may lease a <br /> portion of the "air rights" area of the right-of-way on the east side of U.S. 15-501 <br /> Business.(Columbia Street) between Franklin Street and Cameron Avenue in Chapel <br /> Hill to a development company owning property adjacent to the right-of-way if all of <br /> the following conditions are met: <br /> (1) The leased right-of-way is used in connection with a development <br /> for which a special use permit has been approved by the governing <br /> board of the Town of Chapel Hill pursuant to Chapter 160A of the <br /> General Statutes. <br /> (2) The Department of Transportation determines that the use <br /> authorized by the lease will not unreasonably interfere with or <br /> impair any property rights or easements of abutting owners or <br /> unreasonably interfere with or obstruct the maintenance of the <br /> highway structure located on the right-of-way. <br /> (3) The State is held harmless for any injury occurring on the leased <br /> property; and the lease agreement contains any other reasonable <br /> terms and conditions the Department of Transportation considers <br /> appropriate. <br /> Sec. 5. Section 1 of Chapter 478 of the 1989 Session Laws reads as <br /> rewritten: <br /> "Section 1. The Charter of the Town of Chapel Hill, being Chapter 473. Session <br /> Laws of 1975, is hereby amended by adding a new Section 5.20 to read as follows: <br /> `Sec. 5.20. Ordinances permitting low and moderate housing and providing density <br /> bonuses. <br /> (a) For the purpose of increasing the availability of housing for persons of low <br /> and moderate income, and thereby promoting the public health, safety and welfare, <br /> the Town of Chapel Hill may grant a density, bonus or provide other incentives of <br /> equivalent financial value to a developer of housing within• the Town and its <br /> extraterritorial planning jurisdiction, if the developer agrees: <br /> (1) To construct at lcaA up to but no more than twenty-five percent <br /> (25c7c) of the total units of a housing development for persons and <br /> families of low or moderate income; or, or <br /> • <br /> Page 4 Senate Bill 809 <br />