GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 717

Short Title:  Garner Transp. Impact Fees.	(Local)

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Sponsors: Senator Miller.

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Referred to:  Finance.

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April 1, 1999

A BILL TO BE ENTITLED
AN ACT CONCERNING TRANSPORTATION IMPACT FEES BY THE TOWN OF GARNER.
Whereas, the Town of Garner has experienced rapid and continued growth requiring additional transportation improvements and therefore requests the authority to conduct, in the future, a transportation impact study consistent with the laws and Constitutions of the State of North Carolina and the United States, establishing the basis and framework for a possible transportation impact fee system in order to maintain the level of service delivery presently available to Town of Garner area residents, and if feasible and necessary, to implement such a fee system; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  Article V of the Charter of the Town of Garner, captioned "Public Improvements", being Chapter 333 of the 1977 Session Laws, is amended by adding a new Section 5.9 to read:
"Section 5.9.  Transportation Impact Fees.  The Board of Aldermen may, as a part of the land-use ordinance of the Town of Garner, require a developer to pay transportation impact fees to be used by the Town to pay for part of the capital costs of transportation projects necessitated by the developer's particular subdivision or other new construction.  It is the purpose and intent of this section to provide the Town of Garner with the right, power, and authority to impose and collect fees to finance additional transportation improvements within the Town of Garner corporate limits and extraterritorial jurisdiction; these additional transportation improvements being caused by rapid and continued growth within the Garner area.  This section provides authority to actually develop and implement such a fee system, but does not in any way describe or detail the actual fee structure and rate classification.  An extensive study shall be relied upon to establish the basis and framework for the fee system should the system be deemed necessary in order to maintain the level of service delivery presently available to Garner residents."
Section 2.  The Town of Garner may enact ordinances, resolutions, rules, and regulations that are necessary or expedient to implement this act.
Section 3.  The powers conferred in this act shall be supplementary to all other powers and procedures authorized by any other general or local law.  Assessments, charges, fees, rates, or impact fees authorized by any other general or local laws are not affected by this act.
Section 4.  This act shall apply only to the Town of Garner and its area of extraterritorial planning jurisdiction.
Section 5.  This act is effective when it becomes law.