Agenda - 08-17-1982 - Laserfiche WebLink

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Dave Lawrence Special assessments Section 2.3(b) of the proposed ordinance would excuse from special assess- ments for water and sewer extensions farmland in classes 13, Co and D, until such time as the property was connected to the system. This result can be I reached by either of two methods, both of which require local legislation from the General Assembly. Present law (G.S. 160A-237 for cities and G.S. 153A-201. for counties and . water and sewerlauthorities) permits units levying special assessments for water or sewer projects to hold the assessments in abeyance. The period of abeyance is the shorter of either 10 years or until such time as the property is connected to the system. A local act amendment to the existing legislation, applicable to Orange County only, could be secured to extend the 10-year period of abeyance. The abeyanC le authorization is voluntary with the unit levying the assess- : -- ments. If the county is unwilling to rely on the voluntary participation of all units levying special assessments, local act legislation could be obtained exempting farmland meeting the classification standards from special assess- ments, until_thei property is connected to the system. There is precedent for completely exempting property from assessment, under circumstances that indicate that the property does not benefit from the improvement; G,S, 160A-222 and 153A-188 exempt property that is occupied by railroad tracks from special assessments. Thl legislature could reasonably make a finding that farmland is not immediately benefitted by water and sewer extensions and so constitu- tionally exempt Such property from assessment until it does in fact connect.