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7 <br /> KNAPP Institute of Government CHAPEL HILL.INC2751•A <br /> TELEPHONE(EtE)66637p1 <br /> The University of North Cnrntiva at Chapel Hi1I <br /> May 30, 1982 <br /> - <br /> Mr. Jim Polatty1 <br /> Orange County Planning Director <br /> Courthouse, 1061 Margaret Lane <br /> Hillsborough, Ni rth Carolina 27278 <br /> Dear Mr. Polattyt <br /> John Sanders passed on to me your letter of May 6 in which you requested <br /> several of us at the Institute to review the draft ordinance establishing an <br /> Orange County Perm Preservation Program. I have received written comments <br /> from all of they faculty members on your list and have incorporated them in my <br /> reply below. In addition, I have enclosed the written comments of Joe Ferrell <br /> and Dave Lawrence, which are more detailed than some of the others. <br /> First, a flew general observations. We at the Institute seem to agree <br /> that substantial work still remains in refining the program concepts and the <br /> legislative drafts before this package is ready for legislative consideration. <br /> In addition, if state-wide legislation is required, as is suggested below, <br /> significant attention must be given to building the proper base of political <br /> support necessary for favorable reception in Raleigh. For these reasons we <br /> = 'believe that_any-pYsna to- present this proposal to the State Legislature in <br /> its upcoming 1982 session would be premature. Presentation of a revised <br /> program for the session beginning in January, 1983 may be a more realistic <br /> target. i <br /> Local vs. Stake-Wide Legislation <br /> It is clear that the proposed program will require legislative <br /> authorization b the North Carolina General Assembly. Also, we believe that <br /> in its present form the program will require more than local enabling <br /> legislation ap lying only to Orange County (or several counties). As Joe <br /> Ferrell points out in his memo, the North Carolina Constitution requires the <br /> classification lof property and the taxation of it to be carried out by the <br /> General Assembly by means of uniformly applicable laws. Particular local <br /> units of government may not establish their own classifications and taxing <br /> systems either on their on initiative (by ordinance) or pursuant to local <br /> legislation. Therefore unless the proposed Orange County system of granting a <br /> 102 reduction lin the use value assessment for Class C farms and a ZOZ <br />