Title: S.L. 2015-127
Subject: Session Law 2015-127
Category: Introduced Bill 2011

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015

SESSION LAW 2015-127
HOUSE BILL 307

AN ACT amending the charter of the town of zebulon to remove restrictions on the use of certain fees collected by the town.

The General Assembly of North Carolina enacts:

SECTION 1.  Section 8.30 of the Charter of the Town of Zebulon, being Chapter 386 of the 1973 Session Laws, as amended by Chapter 606 of the 1989 Session Laws, and renumbered as Section 6.29 by Town Ordinance No. 2015‑09 adopted pursuant to G.S. 160A‑496, reads as rewritten:
"Sec. 6.29.  Road or Drainage Projects Fees.
…
(c)	Requirements and limitations.
…
(3)	The amount of each fee imposed and collected hereunder shall be based upon reasonable and uniform considerations of capital costs to be incurred by the Town as a result of new construction and shall bear a reasonable relationship to such capital costs. In addition, the fee shall be rationally related to and no greater than the amount roughly proportional to the impact reasonably expected to be generated by the new construction. Such fee shall be based upon reasonable classifications and rates which shall be uniformly applied to all members of a class; however, the fees may differ within zones which may be established depending on the special needs and costs of road and drainage projects in such zones. To the extent that the developer installs and dedicates road or public storm drainage improvements for which the use of the fee is designated, which immediately become the property of the Town or another unit of government, and which are not otherwise reimbursed by the Town, the fee shall be reduced by an amount equal to the value of the improvements or dedications.
(4)	All monies from fees collected hereunder shall be placed in a separate trust fund. No expenditures from such trust fund shall be made for any purpose other than a road or drainage project undertaken by the Town, or by the Town in conjunction with other units of government. All expenditures from the trust fund for any road or drainage project shall be in accordance with the general laws of the State of North Carolina. Road or drainage project fees shall be spent for those community service facilities authorized by this section within 10 years after its collection."
SECTION 2.  Section 8.31 of the Charter of the Town of Zebulon, being Chapter 386 of the 1973 Session Laws, as amended by Chapter 606 of the 1989 Session Laws, and renumbered as Section 6.30 by Town Ordinance No. 2015‑09 adopted pursuant to G.S. 160A‑496, reads as rewritten:
"Sec. 6.30.  Open Space Project Fees.
…
(c)	Requirements and limitations.
…
(3)	The amount of each fee imposed and collected hereunder shall be based upon reasonable and uniform considerations of capital costs to be incurred by the Town as a result of new construction and shall bear a reasonable relationship to such capital costs. In addition, the fee shall be rationally related to and no greater than the amount roughly proportional to the impact reasonably expected to be generated by the new construction. Such fee shall be based upon reasonable classifications and rates which shall be uniformly applied to all members of a class; however, the fees may differ within zones which may be established depending on the special needs and costs of open space projects in such zones. To the extent that the developer acquires and dedicates open space for open space projects for which the use of the fee is designated, which immediately becomes the property of the Town, or another unit of government, and which is not otherwise reimbursed by the Town, the fee shall be reduced by an amount equal to the value of the open space dedications.
(4)	All monies from fees collected hereunder shall be placed in a separate trust fund. No expenditures from such trust fund shall be made for any purpose other than an open space project undertaken by the Town, or by the Town in conjunction with other units of government. All expenditures from the trust fund for any open space project shall be in accordance with the general laws of the State of North Carolina. Open space project fees shall be spent for those community service facilities authorized by this section within 10 years after its collection."
SECTION 3.  Section 8.32 of the Charter of the Town of Zebulon, being Chapter 386 of the 1973 Session Laws, as amended by Chapter 606 of the 1989 Session Laws, and renumbered as Section 6.31 by Town Ordinance No. 2015‑09 adopted pursuant to G.S. 160A‑496, reads as rewritten:
"Sec. 6.31.  Recreation Project Fees.
…
(c)	Requirements and limitations.
…
(3)	The amount of each fee imposed and collected hereunder shall be based upon reasonable and uniform considerations of capital costs to be incurred by the Town as a result of new construction and shall bear a reasonable relationship to such capital costs. In addition, the fee shall be rationally related to and no greater than the amount roughly proportional to the impact reasonably expected to be generated by the new construction. Such fee shall be based upon reasonable classifications and rates which shall be uniformly applied to all members of a class; however, the fees may differ within zones which may be established depending on the special needs and costs of recreational projects in such zones. To the extent that the developer acquires and dedicates recreational land or recreational facilities for which the use of the fee is designated, which immediately become the property of the Town, or another unit of government, and which are not otherwise reimbursed by the Town, the fee shall be reduced by an amount equal to the value of the land and recreational facilities so dedicated.
(4)	All monies from fees collected hereunder shall be placed in a separate trust fund. No expenditures from such trust fund shall be made for any purpose other than recreation projects undertaken by the Town, or by the Town in conjunction with other units of government. All expenditures from the trust fund for any recreation project shall be in accordance with the general laws of the State of North Carolina. Recreation project fees shall be spent for those community service facilities authorized by this section within 10 years after its collection."
SECTION 4.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 29^th day of June, 2015.

	s/	 Daniel J. Forest
	 President of the Senate

	s/	 Tim Moore
	 Speaker of the House of Representatives

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