HomeMy WebLinkAboutRe UDO capacity fee TASo system development fees are the statutory replacement for impact/capacity fees. The legislature adopted the legislation in response to all of the impact fee lawsuits that have been
filed in the state including us. So now we no longer charge capacity fees
Sent from my iPhone
On Jan 25, 2022, at 2:08 PM, Jay Sikes <jsikes@harnett.org> wrote:
Chris…..I’m trying toad some info for my staff report. So is this change is due to a revised General Statue or lawsuit?
Thanks,
Jay Sikes, CFM
Assistant Development Services Director/ Manager of Planning Services
Harnett County Development Services
420 McKinney Pkwy (Physical)
PO Box 65 (Mailing)
Lillington, NC 27546
910-893-7525, x2
910-814-6418
910-814-6459 (fax)
www.harnett.org/planning <http://www.harnett.org/planning>
From: Christopher Appel <cappel@harnett.org>
Sent: Wednesday, December 1, 2021 9:43 AM
To: Jay Sikes <jsikes@harnett.org>; Mark Locklear <mlocklear@harnett.org>
Subject: UDO
Mark and Jay,
I was talking with Glenn the other day about our capacity fee lawsuit and noticed in the UDO that we didn’t update it when we went from “capacity fees” to “system development fees”.
We will need to amend those sections at some point.
Bottom of page 162 Section 6.2.1(c):
C. Subject to Capacity Sufficiency
In the event that a development should meet the distance specification requirements of
Subsection “Connection” of this Section, and the County owned or operated water supply and
distribution system to which the development would connect shall be of insufficient capacity to
permit the the delivery of water to said development, the subject development shall be relieved
of the requirement to connect to such County system. In no case shall capacity be guaranteed
until such time that plans have been approved and permitted by DENR and capacity fees are
paid in full.
Page 164, Section 6.3.1(C)
C. Subject to Capacity Sufficiency
In the event that a development should meet the distance specification requirements of
Subsection “Connection” of this Section, and the County owned or operated sewage disposal
system to which the development would connect shall be of insufficient capacity to permit the
collection and treatment of sewage from said development, the subject development shall be
relieved of the requirement to connect to such County system. In no case shall capacity be
guaranteed until such time that plans have been approved and permitted by DENR and capacity
fees are paid in full.
Page 264 General Definitions
Capacity Fee
Requirement of the developer to dedicate or pay for all or a portion of land or costs of public facilities as a
condition of development approval.
Christopher W. Appel
Senior Staff Attorney
County of Harnett
455 McKinney Pkwy
Post Office Box 238
Lillington, NC 27546
P: 910-814-6111
F: 910-814-8261
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