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  • Summary date: May 7 2024 - View Summary

    Identical to S 904, filed 5/7/24.

    Amends SL 1977-33 (Article VI of the Charter of the Town of Garner), as amended, concerning community facilities impact fees or facility fees (Fees), as follows.  Declares purpose of new section on Fees is to place an equitable share of the cost of providing new community service facilities in the Town of Garner upon all new inhabitants and upon those associated with the development process. Defines capital costs, community service facilities, developer, facility fees, and new construction.   

    Prevents a fee from being imposed until the town has prepared a report describing anticipated capital costs, description of the construction giving rise to the additional or expanded community service facilities, and a plan for providing one or more of those facilities. Specifies that the amount of each Fee imposed and collected will be based upon reasonable and uniform considerations of capital costs to be incurred by the town as the result of new construction. Directs that the amount of each Fee will be based upon qualified needs and specific classifications and rates, which will be uniformly applied to all members. Specifies that the classification will be based upon the amount, the cost, and the extent of the additional burden being placed upon the public facilities by particular types and sizes of development. Provides for different zones in establishing the Fees, trust funds for monies collected for each Fee, a process for a person who feels aggrieved by any action to appeal the Fee within 30 days after the person pays the Fee, and a hearing on the appeal subject to judicial review by the Superior Court of Wake County.  Describes powers conferred by the act as supplementary to all other powers and procedures by any other general or local law. Authorizes the town to enact laws and policies necessary and expedient for the effectiveness of the act. Applies to new development initiated on or after the date that the act becomes law.