Orange County NC Website
v <br />O R A N G E C O U N T Y <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: May 26, 1992 <br />Agenda Abstract <br />Item # C– / <br />SUBJECT: IMPACT FEES FOR PUBLIC SCHOOL FACILITIES <br />DEPARTMENT: Planning PUBLIC HEARING: —X —Yes No <br />ATTACHMENT(8): INFORMATION CONTACT: <br />Technical Report Planning Director X2592 <br />(Separate enclosure) <br />Proposed Ordinance PHONE NUMBERS: <br />(Separate enclosure) <br />5/4/92 Chapel Hill Town Hillsborough 732 -8181 <br />Council Correspondence Mebane 227 -2031 <br />5/11/92 Hillsborough Town Durham 688 -7331 <br />Board Resolution Chapel Hill 967 -9251 <br />5/4/92 Draft Public Hearing <br />Minutes <br />Excerpts - FY 1992 --97 CIP <br />PURPOSE: To receive citizen comment on a technical report and <br />implementing ordinance concerning a system of impact <br />fees to help finance a portion of school capital <br />needs in Orange County. <br />BACKGROUND: For several years, Orange County has pursued an <br />objective of helping to fund school capital needs <br />created by growth. During the 1987 Session, the <br />General Assembly authorized the County to levy <br />impact fees in its planning jurisdiction for a <br />number of needs, including school capital. A joint <br />governmental work group investigated the <br />possibilities of an impact tax in the county in <br />1988 -89. The County proposed legislation in the 1991 <br />Session of the General Assembly seeking authority to <br />impose an impact tax for school capital needs. The <br />legislation was withdrawn due to local opposition. <br />However, the County did receive authority in the <br />1991 Session to impose impact fees for school <br />capital needs throughout the county, not just within <br />the County's planning jurisdiction. <br />Impact fees are still a relatively new funding <br />mechanism, and case law concerning them is still <br />developing. There are some complicated statutory and <br />constitutional considerations involving setting an <br />impact fee. For this reason, the County staff <br />