(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)