GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 1446

Short Title:  Orange Omnibus Local Act of 2000.	(Local)

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Sponsors: Senators Kinnaird; and Lee.

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Referred to:  Finance.

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May 25, 2000

A BILL TO BE ENTITLED
AN ACT MAKING OMNIBUS CHANGES TO CERTAIN GENERAL AND LOCAL LAWS AFFECTING ORANGE COUNTY.
The General Assembly of North Carolina enacts:
PART I.  ORANGE COUNTY ADDED TO THOSE COUNTIES USING ATTACHMENT AND GARNISHMENT IN THE COLLECTION OF AMBULANCE SERVICE FEES

Section 1.  G.S. 44-51.8 reads as rewritten:
"§ 44-51.8.  Counties to which Article applies.
The provisions of this Article shall apply only to Alamance, Alexander, Alleghany, Anson, Ashe, Beaufort, Bladen, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Caswell, Catawba, Chatham, Cherokee, Chowan, Cleveland, Columbus, Craven, Cumberland, Dare, Davidson, Davie, Duplin, Durham, Edgecombe, Forsyth, Franklin, Gaston, Graham, Granville, Greene, Guilford, Halifax, Harnett, Haywood, Henderson, Hertford, Hoke, Hyde, Iredell, Johnston, Jones, Lee, Lenoir, Lincoln, McDowell, Macon, Madison, Mecklenburg, Mitchell, Montgomery, Moore, Nash, New Hanover, Onslow, Orange, Pasquotank, Person, Pitt, Polk, Randolph, Richmond, Robeson, Rockingham, Rowan, Rutherford, Sampson, Scotland, Stanly, Stokes, Surry, Swain, Transylvania, Tyrrell, Union, Vance, Wake, Warren, Washington, Watauga, Wilkes, Wilson, Yadkin and Yancey Counties."

PART II.  REGULATION OF OPEN BURNING

Section 2.  G.S. 153A-136 reads as rewritten:
"§ 153A-136.  Regulation of solid wastes.
(a)	A county may by ordinance regulate the storage, collection, transportation, use, disposal, and other disposition of solid wastes. Such an ordinance may:
(1)	Regulate the activities of persons, firms, and corporations, both public and private.
(2)	Require each person wishing to commercially collect or dispose of solid wastes to secure a license from the county and prohibit any person from commercially collecting or disposing of solid wastes without a license. A fee may be charged for a license.
(3)	Grant a franchise to one or more persons for the exclusive right to commercially collect or dispose of solid wastes within all or a defined portion of the county and prohibit any other person from commercially collecting or disposing of solid wastes in that area. The board of commissioners may set the terms of any franchise, except that no franchise may be granted for a period exceeding 30 years, nor may any franchise by its terms impair the authority of the board of commissioners to regulate fees as authorized by this section.
(4)	Regulate the fees, if any, that may be charged by licensed or franchised persons for collecting or disposing of solid wastes.
(5)	Require the source separation of materials prior to collection of solid waste for disposal.
(6)	Require participation in a recycling program by requiring separation of designated materials by the owner or occupant of the property prior to disposal. An owner of recovered materials as defined by G.S. 130A-290(a)(24) retains ownership of the recovered materials until the owner conveys, sells, donates, or otherwise transfers the recovered materials to a person, firm, company, corporation, or unit of local government. A county may not require an owner to convey, sell, donate, or otherwise transfer recovered materials to the county or its designee. If an owner places recovered materials in receptacles or delivers recovered materials to specific locations, receptacles, and facilities that are owned or operated by the county or its designee, then ownership of these materials is transferred to the county or its designee.
(7)	Include any other proper matter.
(b)	Any ordinance adopted pursuant to this section shall be consistent with and supplementary to any rules adopted by the Commission for Health Services or the Department of Environment and Natural Resources.
(c)	The board of commissioners of a county shall consider alternative sites and socioeconomic and demographic data and shall hold a public hearing prior to selecting or approving a site for a new sanitary landfill that receives residential solid waste that is located within one mile of an existing sanitary landfill within the State. The distance between an existing and a proposed site shall be determined by measurement between the closest points on the outer boundary of each site. The definitions set out in G.S. 130A-290 apply to this subsection. As used in this subsection:
(1)	"Approving a site"refers to prior approval of a site under G.S. 130A-294(a)(4).
(2)	"Existing sanitary landfill"means a sanitary landfill that is in operation or that has been in operation within the five-year period immediately prior to the date on which an application for a permit is submitted.
(3)	"New sanitary landfill"means a sanitary landfill that includes areas not within the legal description of an existing sanitary landfill as set out in the permit for the existing sanitary landfill.
(4)	"Socioeconomic and demographic data"means the most recent socioeconomic and demographic data compiled by the United States Bureau of the Census and any additional socioeconomic and demographic data submitted at the public hearing.
(d)	As used in this section, "solid waste"means nonhazardous solid waste, that is, solid waste as defined in G.S. 130A-290 but not including hazardous waste.
(e)	A county may by ordinance regulate and prohibit the open burning of trees, limbs, stumps, and construction debris.  A county may, as a condition of approval of any permit for a subdivision, clearing, and development of land or construction of buildings within the planning jurisdiction of the county, regulate and prohibit the open burning of trees, limbs, stumps, and construction debris associated with the permitted activity."

PART III.  LOCAL IMPACT TAX FOR PUBLIC SCHOOL CAPITAL IMPROVEMENTS

Section 3. Definitions. – The following definitions apply to this part:
(1)	Commercial building enclosed floor space. – All enclosed floor space used for any purpose except:
a.	Dwelling units and accessory structures to dwelling units.
b.	Recreational facilities constructed as part of a residential development and used primarily by residents of the development.
c.	Buildings owned by the United States, the State of North Carolina, any county, or any municipal corporation.
d.	Buildings owned and operated by nonprofit entities for noncommercial and nonresidential purposes.
e.	Schools or day care centers.
(2)	Dwelling unit. – An enclosure containing sleeping, kitchen, and bathroom facilities designed for and used or held ready for use as a permanent residence by one family.
(3)	Land development. –
	a.  Land development includes any of the following:
1.	Construction of any dwelling unit, other than one excluded under sub-subdivision b. of this subdivision, for which a building permit was issued or should have been issued after the effective date of an ordinance adopted under this part.
2.	Construction of any commercial building enclosed floor space for which a building permit was issued or should have been issued after the effective date of an ordinance adopted under this part.
3.	Conversion of a building that adds one or more new dwelling units or that creates new commercial building enclosed floor space.
4.	The initial location of a manufactured home or other dwelling or commercial structure within Orange County.
b.	For purposes of determining the impact of land development for this part, land development does not include:
1.	Construction of an addition to a dwelling unit.
2.	The relocation within Orange County of any structure located within the county on the effective date of an ordinance adopted pursuant to this part or any structure with respect to which an impact tax pursuant to this part has been paid.
3.	Within the county, the reconstruction or replacement of one dwelling unit by another or the replacement or reconstruction of commercial building enclosed floor space that was in existence on the effective date of an ordinance adopted pursuant to this part or of any such floor space with respect to which an impact tax adopted pursuant to this part has been paid.
(4)	Net proceeds. – The gross proceeds of the tax less the cost to the county of collecting and administering the tax.
(5)	Person. – An individual, a partnership, a corporation, a limited liability company, or another legal entity.
(6)	Person responsible for the impact of land development. – The owner of any dwelling unit or commercial building enclosed floor space on the date an occupancy permit is issued for the dwelling unit or commercial floor space or, if no occupancy permit is issued, the date the dwelling unit or commercial floor space is occupied.
Section 4.  Authorization of School Capital Impact Tax. – (a) Except as provided in subsection (b) of this section, Orange County may adopt an ordinance levying a tax on the impact of land development within the county and provide for the administration, enforcement, and collection of the tax.
Section 4.(b)	Orange County may not adopt an ordinance pursuant to this part if there is in effect any ordinance pertaining to a system of impact fees to provide for capital improvements to public schools within the county adopted pursuant to Sections 17 through 18.1 of Title IV of Chapter 460 of the 1987 Session Laws, as amended by Chapter 324 of the 1991 Session Laws.
Section 5.  Use of Tax Proceeds. – The purpose of the tax authorized by this part is to generate funds to partially offset the cost of constructing new school capital facilities or replacing, expanding, or improving existing school capital facilities necessitated in part by new growth within Orange County.  Accordingly, the net proceeds generated by the tax authorized by this part shall be deposited by Orange County in its capital reserve improvements fund or funds established under Part 2 of Article 3 of Chapter 159 of the General Statutes and may be expended, to the extent otherwise authorized by law, only for capital improvements projects related to public schools.
Section 6.  Liability; Administration. – An ordinance adopted pursuant to this part shall provide that:
(1)	A person responsible for the impact of land development shall pay an impact tax for each square foot of dwelling space and commercial building enclosed floor space for which an occupancy permit is issued or, if no occupancy permit is issued, for each square foot of dwelling space in an occupied dwelling and for each square foot of occupied enclosed floor space in a commercial building.
(2)	The tax shall be due on or before the date an occupancy permit is initially issued for the dwelling unit or commercial building enclosed floor space in question or, if no occupancy permit is issued, the date the dwelling unit or commercial floor space is initially occupied.  However, no tax due shall be considered delinquent until 60 days after the tax becomes due.  There shall be added to delinquent taxes interest at the legal rate.
(3)	Taxes authorized by this part may be collected pursuant to G.S. 153A-147 or G.S. 160A-207.  In addition, taxes authorized by this part may be recovered in a civil action in the nature of debt including an award of reasonable attorneys' fees as part of costs.
Section 7.  Rates. – Orange County shall establish annually at the time of the adoption of its annual budget the tax rate to be levied per square foot of dwelling space and per square foot of commercial building enclosed floor space for the ensuing fiscal year.  Different tax rates may be established for different types of dwelling units and different types of commercial building enclosed floor space.
Section 8.  Disclosure Requirements. – Whenever the sale of real property located in Orange County involves new construction, the seller shall prepare and sign, and the buyer shall receive and sign, a disclosure statement.  The disclosure statement shall either be included in a contract or sale or contained in a separate document executed prior to the execution of a sales contract.  This disclosure statement shall fully and completely disclose that the owner of the property at the time an occupancy permit issued for the new construction or, if no occupancy permit is issued, the date the new construction is occupied, may be subject to a tax levied by the county on the impact of land development.  If a seller fails to make this disclosure and the buyer suffers injury as a result of the seller's failure to disclose, the seller is liable to the buyer to the extent of the buyer's injury.
Section 9. Relationship with Impact Fee. – Orange County may repeal part or all of an ordinance pertaining to a system of impact fees to provide for capital improvements to public schools within the county, adopted pursuant to Sections 17 through 18.1 of Title IV of Chapter 460 of the 1987 Session Laws, as amended by Chapter 324 of the 1991 Session Laws.  With respect to an ordinance pertaining to a system of impact fees to provide for capital improvements to public schools within the county, Orange County may not adopt an ordinance pursuant to Sections 17 through 18.1 of Title IV of Chapter 460 of the 1987 Session Laws, as amended by Chapter 324 of the 1991 Session Laws, while an ordinance adopted pursuant to this part is in effect.
Section 10. Effective Date. – This part becomes effective January 1, 2001.

PART IV.  APPLICABILITY AND EFFECTIVE DATE

Section 11.  This act applies to Orange County only.
Section 12.  This act is effective when it becomes law.