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The Board of Commissioners may establish and collect acreage charges for making connections to the Town water and sewerage systems, both within and outside the corporate limits, to aid in the financing of new water mains and sewer outfalls and the replacement or enlargement of existing mains and outfalls. Such charges shall apply uniformly to all properties to which water or sewer service is extended subsequent to the establishment of such charges; provided, the Board may establish higher acreage charges for property to be developed for commercial, institutional, or industrial use than those established for property to be developed for other uses, may base acreage charges for residential development on the number of dwelling units per acre of land, and may establish higher acreage charges for property located outside the corporate limits than for property within the corporate limits.
(Session Laws of 1973, Chapter 386) (Ord. 2004-45, passed 4-4-2004)
(a) Site Plans. The Board of Commissioners may as part of its zoning regulations require that a site plan be submitted, and approved prior to the issuance of a building permit for new construction, excluding renovation and repair of existing structures, and excluding accessory uses and their structures, unless such renovations and repairs and accessory uses shall cause an increase in the off-street parking requirement or a change in occupancy as occupancy is defined by the North Carolina State Building Code. Such local law shall specify the elements to be included in site plans submitted for approval in accordance with standards of zoning code; such elements may include, where appropriate, those relating to off-street parking, driveway access, internal circulation, screening, signs, landscaping, architectural features, locations and dimensions of buildings, topography and grading, utilities, drainage structures, street and sidewalk improvements, loading and service areas, fire hydrants, and such other elements as may reasonably be related to the health, safety and general welfare of the community.
Where appropriate, approval of site plans may be conditioned to include that street and utility rights-of-way be dedicated to or reserved by the public, or street and utility improvements be made to the same extent as required by the local subdivision regulations. This provision shall not apply to additions of less than five percent (5%) of gross floor area on an annual basis unless such addition causes an increase in the off-street parking requirements or a change in occupancy as occupancy is defined by the North Carolina State Building Code. The Board of Commissioners shall prescribe procedures for review and approval of such site plans to insure that development of property shall conform to applicable zoning or other relevant laws or regulations, with approvals by designated Town staff, or the Board of Commissioners. Appeals shall lie from the staff to the Board of Commissioners. The Board of Commissioners may require that site plans be in conformity with previously approved subdivision plans for the same property; further, in the event of conflict between a requirement for site plan approval and requirements for previously approved subdivision plans, the latter shall control.
(Ord. 2015-09, passed 9-2-2014)
(a) Definitions. The following words in this section are defined as follows, unless the contrary clearly appears from the context:
(1) Capital costs means costs spent for developing new road or public storm drainage projects or road or public storm drainage improvements; such costs may include land acquisition, design, and construction, and no other.
(2) Road or drainage project mean improvements provided or established by the Town or in conjunction with other units of government which are required in addition to those required by the subdivision regulations.
(3) Developer means an individual, corporation, partnership, organization, association, firm, political subdivision, or other legal entity constructing or creating new construction.
(4) Road or drainage project fee means the charge imposed upon new construction pursuant to the grant of regulatory authority contained herein.
(5) New construction means any new development, construction, or installation that results in real property improvement or which requires a building permit. This term shall include the installation of a mobile home and factory built and modular housing. This term shall not include fences, billboards, poles, pipelines, transmission lines, advertising signs, or similar structures and improvements, or renovations and repairs, which do not generate the need for additional or expanded road or drainage projects upon completion of the new construction.
(b) Subject to the conditions hereinafter set forth, the Town of Zebulon, following the adoption of an ordinance or ordinances, may impose and collect a regulatory fee defined herein as a road or drainage project fee on all new construction within its Town limits and extraterritorial jurisdiction.
(c) Requirements and limitations.
(1) No road or drainage project fee shall be enacted until the Board of Commissioners has caused to be prepared a report containing: (I) a description of the anticipated capital costs to the Town of each additional or expanded road or drainage project; (ii) a description of the relevant characteristics of construction which give rise to additional or expanded road and drainage projects, such as population, trip generation, storm water runoff, and flow characteristics; (iii) a plan for providing one or more road or drainage projects.
(2) Before adopting or amending any road or drainage project fee ordinance authorized by this section, the Board of Commissioners shall hold a public hearing. A notice of the public hearing shall be given so as to conform with G.S. § 160D-601, as it may be amended from time to time. No such ordinance shall be adopted or amended without receiving the planning commission recommendation to the Board of Commissioners. If the planning commission shall fail to return a recommendation within 60 days of submittal of an ordinance, the ordinance shall be returned to the Board of Commissioners and deemed to have a favorable recommendation as submitted to the planning commission.
(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.
(Session Laws of 2015, Chapter 386) (Ord. 2015-09, passed 9-2-2014)
(a) Definitions. The following words in this section are defined as follows, unless the contrary clearly appears from the context:
(1) Capital costs means costs spent for the purchase only of land for open space but not for development thereof.
(2) Open space project means the acquisition of any space or area which is predominantly undeveloped land whose existing openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development.
(3) Developer means an individual, corporation, partnership, organization, association, firm, political subdivision, or other legal entity constructing or creating new construction.
(4) Open space project fee means the charge imposed upon new construction pursuant to the grant of regulatory authority contained herein.
(5) New construction means any new development, construction, or installation that results in real property improvement or which requires a building permit. This term shall include the installation of a mobile home and factory built and modular housing. This term shall not include fences, billboards, poles, pipelines, transmission lines, advertising signs, or similar structures and improvements, or renovations and repairs, which do not generate the need for additional or expanded open space projects upon completion of the new construction.
(b) Subject to the conditions hereinafter set forth, the Town of Zebulon, following the adoption of an ordinance or ordinances, may impose and collect a regulatory fee defined herein as an open space project fee on all new construction within its town limits and extraterritorial jurisdiction.
(c) Requirements and limitations.
(1) No open space project fee shall be enacted until the Board of Commissioners has caused to be prepared a report containing: (I) a description of the anticipated capital costs to the town of each additional or expanded open space project; (ii) a description of the relevant characteristics of construction which give rise to additional or expanded open space projects; (iii) a plan for providing one or more open space projects.
(2) Before adopting or amending any open space project fee ordinance authorized by this section, the Board of Commissioners shall hold a public hearing. A notice of the public hearing shall be given so as to conform with G.S. § 160D-601, as it may be amended from time to time. No such ordinance shall be adopted or amended without receiving the planning commission’s recommendation to the Board of Commissioners. If the planning commission shall fail to return a recommendation within 60 days of submittal of an ordinance, the ordinance shall be returned to the Board of Commissioners and deemed to have a favorable recommendation as submitted to the planning commission.
(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 6.30 within 10 years after its collection.
(Session Laws 2015) (Ord. 2015-09, passed 9-2-2014)
(a) Definitions. The following words in this section are defined as follows, unless the contrary clearly appears from the context:
(1) Capital costs means costs spent for the purchase of land and development of such land for the recreational needs of the citizens.
(2) Recreation project means the acquisition of land and development of the same in those areas needed as a result of new construction and development in order to enhance the present and potential value of abutting or accessible property surrounding such urban development and provide a more wholesome place to live.
(3) Developer means an individual, corporation, partnership, organization, association, firm, political subdivision, or other legal entity constructing or creating new construction.
(4) Recreation project fee means the charge imposed upon new construction pursuant to the grant of regulatory authority contained herein.
(5) New construction means any new development, construction, or installation that results in real property improvement or which requires a building permit. This term shall include the installation of a mobile home and factory built and modular housing. This term shall not include fences, billboards, poles, pipelines, transmission lines, advertising signs, or similar structures and improvements, or renovations and repairs, which do not generate the need for additional or expanded recreational projects upon completion of the new construction.
(b) Subject to the conditions hereinafter set forth, the Town of Zebulon, following the adoption of an ordinance or ordinances, may impose and collect a regulatory fee defined herein as recreational project fee on all new construction within its town limits and extraterritorial jurisdiction.
(c) Requirements and limitations.
(1) No recreational project fee shall be enacted until the Board of Commissioners has caused to be prepared a report containing: (I) a description of the anticipated capital costs to the town of each additional or expanded recreational project; (ii) a description of the relevant characteristics of construction which give rise to additional or expanded recreational projects; (iii) a plan for providing one or more recreational projects.
(2) Before adopting or amending any recreational project fee ordinance authorized by this section, the Board of Commissioners shall hold a public hearing. A notice of the public hearing shall be given so as to conform with G.S. § 160D-601, as it may be amended from time to time. No such ordinance shall be adopted or amended without receiving the planning commission’s recommendation to the Board of Commissioners. If the planning commission shall fail to return a recommendation within 60 days of submittal of an ordinance, the ordinance shall be returned to Board of Commissioners and deemed to have a favorable recommendation as submitted to the planning commission.
(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 6.31 within 10 years after its collection.
(Session Laws 2015) (Ord. 2015-09, passed 9-2-2014)
(b) The powers conferred by Sections 6.28 through 6.31 of this Charter shall be in addition to all other powers and procedures authorized by any other general or local law. Assessments, charges, fees, or rates authorized by any other general or local law shall not be affected by the provisions of this section and Sections 6.28 through 6.31 of this Charter.
(Ord. 2015-09, passed 9-2-2014)
If at any time the Board of Commissioners of the Town of Zebulon should need to purchase any land within or without the Town limits, deemed necessary for a public use of the city, or for other purposes authorized by this Charter or other applicable law, and cannot agree with the owner of such land as to the compensation to be paid therefor, then the Board of Commissioners of the Town of Zebulon is hereby specifically authorized and empowered to, in the name of the Town, condemn either the fee or an easement in any such land, whether the land be owned by any private person, firm or corporation, or whether it be owned by any railroad company, power company, telephone company, gas company or other quasi-public corporation, or whether the land be devoted to private or public use. The proceedings utilized by the Board of Commissioners for such condemnation and determination of the compensation to be paid may be any of the alternative proceedings provided municipalities by the general laws of the State of North Carolina or those prescribed by Article 9 of Chapter 136 of the North Carolina General Statutes; provided that the Town of Zebulon shall possess the power of eminent domain for the purpose of acquiring the fee or any lesser interest in properties already devoted to the public use and owned by a public service corporation, including public utilities as defined in Chapter 62 of the General Statutes, and electric and telephone membership corporations, only if such acquisition will not prevent or unreasonably impair the continued devotion to the public use of such properties, and their operation by such public service corporation.
(Session Laws of 1973, Chapter 386) (Ord. 2004-45, passed 4-4-2004)
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