Orange County NC Website
' Single - Family $3,458 <br />Duplex, Triplex, Quadplex $ 863 <br />Garden Apartment $ 766 <br />' Townhouse $1,583 <br />Mobile Home $2,611 <br />' In the sections that follow, final adjustments will be made to <br />the fees, based on the benefit received by new development and <br />credits to the developer for constructing capital improvements. <br />1 <br />BENEFIT CONSIDERATIONS <br />' The amount of an impact fee is only one factor considered in <br />terms of the legality of any impact fee program. The sufficiency of <br />t the benefits that are received by fee payers is another criterion <br />for determining the reasonableness of an impact fee. <br />There are three standards that may be used in determining <br />' sufficiency of benefit. The main difference among these standards <br />is just who will benefit from (make use of) the facilities to be <br />financed, in whole or in part, with the impact fees. The first <br />1 standard is exclusive benefit, the second is substantial benefit, <br />and the third is reasonable benefit. In practice, the methods of <br />implementing the latter two are almost identical. <br />' A benefit would be exclusive if no one other than the <br />occupants of the development that paid the impact fee could use the <br />facilities provided with those fees. Complying with this standard <br />' would imply that the improvements be on-site or in close proximity <br />to the development. Minimal distance between facility and <br />development becomes the indicator of the degree of benefit to the <br />' individuals in that development as opposed to those in other <br />developments. <br />' When facilities such as public schools are provided, it is <br />impossible to see how use could be confined to individual <br />developments. To a great extent, the provision of exclusive benefit <br />and impact fees are not compatible. However, few jurisdictions <br />' employ a strict exclusive benefit rule. Rather, the standard is <br />what may be considered to be a preponderance of benefit going to <br />the development paying the fees. In''such cases, consideration <br />t should be given to the use of relatively small geographic areas for <br />both the collection and expenditure of'impact fees. Such small <br />areas would be the evidence of benefit (use). This would involve <br />identifying a number of subareas of the community and establishing <br />' impact fee trust funds for each subarea. All receipts coming from <br />such subareas would be spent within those areas. <br />' Title VI, Chapter 460, of the 1987 Session Laws addresses the <br />issue of benefits and subareas through the following provision: <br />IPage - 14 <br />