GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 718

Short Title:  Chatham Impact Fee Amendments.	(Local)

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Sponsors: Senator Hobbs.

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Referred to:  Finance

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April 13, 1995

A BILL TO BE ENTITLED
AN ACT MODIFYING THE AUTHORITY OF CHATHAM COUNTY TO IMPOSE IMPACT FEES.
The General Assembly of North Carolina enacts:
Section 1.  Section 12.1 of Title III of Chapter 460 of the 1987 Session Laws reads as rewritten:
"Sec. 12.1.  This title shall apply only to Chatham County, and applies only within the planning jurisdiction of Chatham County.  Provided, however, that any portion of a Chatham County ordinance that contains a system of impact fees to provide for capital improvements to public schools within Chatham County applies everywhere within Chatham County, including within the corporate limits and the extraterritorial planning jurisdiction of any city, town, or municipal corporation within Chatham County."
Sec. 2.  Subsection (b) of Section 4 of Title III of Chapter 460 of the 1987 Session Laws reads as rewritten:
"(b)	For purposes of this title, the term 'capital improvements' includes the acquisition of land for open space and greenways, capital improvements to public streets, schools, bridges, sidewalks, bikeways, on- and off-street surface water drainage ditches, pipes, culverts, and other drainage facilities, water or sewer facilities, and public recreation facilities, and the term 'costs' includes obligations incurred or assumed for payments with respect to borrowed money and for payments under leases which are required to be capitalized in accordance with generally accepted accounting principles and under installment sale contracts in connection with such capital improvements."
Sec. 3.  Title III of Chapter 460 of the 1987 Session Laws, including the amendments made by this act, shall be liberally construed to effectuate its purposes.  Insofar as the provisions of Title III of Chapter 460 of the 1987 Session Laws, including those herein amended, are inconsistent with the general law, the provisions of Title III of Chapter 460 of the 1987 Session Laws shall control.  If any provision of Title III of Chapter 460 of the 1987 Session Laws, as herein amended, or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the part which can be given effect without the invalid provision or application, and to this end the provisions of Title III of Chapter 460 of the 1987 Session Laws as herein amended are severable.
Sec. 4.  G.S. 153A-331 is amended by identifying the existing provisions as subsection (a) and by adding as subsequent sections thereof the provisions of Title III of Chapter 460 of the 1987 Session Laws, as amended herein.
Sec. 5.  G.S. 153A-340 is amended by identifying the existing provisions as subsection (a) and by adding as subsequent sections thereof the provisions of Title III of Chapter 460 of the 1987 Session Laws, as amended herein.
Sec. 6.  All laws and clauses of laws in conflict herewith are hereby repealed to the extent of such conflict.
Sec. 7.  This act is effective upon ratification.