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HomeMy WebLinkAboutUDOMark 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 *** CONFIDENTIAL COMMUNICATION *** The information contained in this message may contain legally privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or duplication of this transmission is strictly prohibited. If you have received this communication in error, please notify us by telephone or email immediately and return the original message to us or destroy all printed and electronic copies. Nothing in this transmission is intended to be an electronic signature nor to constitute an agreement of any kind under applicable law unless otherwise expressly indicated. Intentional interception or dissemination of electronic mail not belonging to you may violate federal or state law.