Orange County NC Website
- • f <br /> PAGE 2 <br /> the bill. The local governments would like to make the impact tax a replacement for the <br /> impact fees because impact fees, where they are in place, have proven to be difficult to <br /> administer and inflexible to changing local priorities. The tax is easier to administer <br /> and the revenues can be flexibly applied to the capital needs on an ongoing basis. The <br /> legislation itself does not put the tax in place. Orange County would have to adopt an <br /> ordinance. The tax will be imposed on the impact of land development and the person <br /> responsible for paying the tax will be the owner of the property where the construction <br /> occurs. The method of applying the tax will be that it will be applied on each square <br /> foot of dwelling space in the case of a dwelling and each square foot of commercial <br /> building enclosed floor space. The tax will be collected at the time an occupancy permit <br /> is issued or at the time the building is occupied where someone occupies the building <br /> without obtaining an occupancy permit. Generally speaking the latter doesn't occur and <br /> the tax will be imposed at the time the occupancy permit is issued. The tax rate will be <br /> established annually by Orange County after consultation with Carrboro and Chapel Hill. <br /> The rate will be uniform countywide. It may vary depending on the type of construction. <br /> The bill also provides for a disclosure statement which is intended to provide notice to <br /> homeowners of the obligation to pay this tax. The authorization to impose this tax <br /> applies only to Orange County excluding the Town of Hillsborough. <br /> Michael Brough, Attorney for the Town of Carrboro, went through the provisions of the <br /> bill section by section. A copy of this proposed bill is in the permanent agenda file in <br /> the Clerk's Office. He reviewed some of the definitions that are stated in the proposed <br /> bill. He listed the types of facilities that would be exempt from the tax. Section III <br /> explains the purpose and relates to how the funds may be expended. Orange County can <br /> spend these funds for capital improvements related to specific areas as listed in the <br /> bill. Section IV deals with the mechanics of how the bill would operate and how the tax <br /> would be collected. Section V states that the Board of Commissioners will set the rate at <br /> budget time. Section VI establishes the distribution formula. It provides that Orange <br /> County will distribute Co Chapel Hill and Carrboro 75% of the net proceeds received by the <br /> county due to development that has taken place within those municipalities' corporate <br /> limits, extraterritorial planning jurisdictions and transition areas as has been <br /> established by the Joint Planning Agreement. <br /> Roy Williford listed some significant points of the Impact Tax. The estimated cost of <br /> all the capital improvements anticipated to occur within the municipalities and the County <br /> during the next ten years totals more than two hundred million dollars. Between 1980 and <br /> 1988, 1,626 units (housing and commercial) were constructed annually in Orange County, <br /> including municipalities. Using transparencies, Williford showed an example of what <br /> revenues would be generated by using fifty cents per square foot for residential and $1.00 <br /> per square foot for commercial development. The revenues generated annually by this tax <br /> would total approximately $1,500,000. Over a ten year period approximately $15,000,000 <br /> would be generated by this tax. This would be 7-1/2 or 8% of the total amount needed to <br /> fund the capital improvements that are anticipated over the next ten years. This tax will <br /> assist all the citizens in Orange County in meeting the expansion of the infrastructure <br /> for these new units being added in the county. <br /> THE PUBLIC HEARING WAS OPEN FOR PUBLIC COMMENTS <br /> LARRY CARROLL spoke representing the Home Builders Association of Durham and Chapel <br /> Hill. (His complete statement is in the permanent agenda file in the Clerk's Office). He <br /> stated that in general the Home Builders Association opposes impact taxes because of their <br /> negative affect on affordable housing and the long term economic health of the County. <br /> However, he recognized that any development should pay their fair share for the cost <br />