Orange County NC Website
5/ 26/ 99 <br /> 2 . Impact Fees and Impact Taxes <br /> An impact fee requires the developer . to pay a fee representing the <br /> prorated cost of providing, community - wide and area - wide recreational <br /> facilities required, by this new development . The use of the * fee <br /> requires authority from the legislature through enabling' legislation , <br /> and Orange . County currently has the authority to levy* such impact . <br /> fees . Orange County also has a Public School . Facilities Impact Fee , but <br /> no other impact fee is currently in use in the county for any other <br /> services . . In using these fees , there must . be exhibited a correlation <br /> showing the ( 1 ) actual need created by the impact of the development <br /> and ( 2 ) benefits provided to the particular subdivision . <br /> By contrast , an impact tax allows for recognition that all impacts are <br /> not equal . . Impact taxes may be assessed in graduated levels and do <br /> not require the " one size fits. all " regressive nature fee scale that exists <br /> for impact .fees . Orange County has , in previous years , tsought impact <br /> tax legislation from the State to provide for possible reassessment of <br /> the Public School Impact Fee program . <br /> C . Current Status of Payment- in - Lieu. Throughout <br /> the County <br /> Methods of assessi-ng a development 's recreation impact vary across <br /> the different jurisdictions . within Orange County . Appendix . G indicates <br /> the method by which . Orange County a. nd Carrboro calculate their <br /> payment required for the payment - in - lieu program . Orange County <br /> also has tspecial legislation which allows . payments to be collected and <br /> spent on a " district " basis . Instead of using . a set schedule of <br /> payments , Chapel Hill negotiates based on individual development <br /> proposals while Hillsborough seeks dedication of Land instead of <br /> payments . The appendix also shows the efforts of other selected <br /> jurisdictions throughout the country in acquiring land for recreation <br /> and open space :needs . . <br /> In terms of the reality of the programs , in Carrboro , many , <br /> developments choose - to provide private recreation facilities rather <br /> 41 <br /> than payment - in - lieu . Carrboro has collected $ 453 , 000 to date . Both <br /> Chapel Hill and Hillsborough do � not have . detailed central . records of the . <br /> results of payments or individually negotiated fees and land donations . <br /> Orange County . has required payments since 1988 , , and has <br /> accumulated these payments in a fund totaling '$ 488 , 000 . <br /> It is clear in a broad , overview , - however, that the current system of , <br /> land acquisition has been insufficient to meet citizens ' . needs . Several <br /> problems arise in assessing the current adequacy of our parklands and <br />