Unified Development Ordinance, 30th Supplement, November 2023

Article 8.9. Facility Fees CHAPTER 8. ​SUBDIVISION & SITE PLAN STANDARDS

E. Shell/Foundation Permits 1. In the case of a “shell or foundation” permit, the facility fee amounts shall be based on the building permit. 2. If it is found during review of the “fit-up” permit that the uses differ from these uses for the shell, a determination shall be made as to whether or not an additional fee or refund is due. If any additional fee is due, it shall be paid prior to the issuance of the fit-up permit. F. Size of Retail Establishments In the case of retail uses which share common drives or parking areas, all such retail uses, including those located on separate outparcels, shall pay a thoroughfare facility fee based on the appropriate square footage range of all the retail uses located within the development even if this is a greater fee than for any single retail use or other combinations of retail uses. G. Unscheduled Activity 1. If the type of new construction activity is not specified on the thoroughfare fee schedule, the Development Services Director shall use the thoroughfare fee applicable to the most nearly comparable type of land use on the thoroughfare fee schedule. 2. If the applicant disagrees with the determination of the Development Services Director, then the applicant shall use the alternate thoroughfare facility fee calculation, except that the cost per trip end factor shall be the same referred to in the alternative thoroughfare fee calculation schedule. Sec. 8.9.4. Funds Collected A. Creation of Trust Funds 1. The facility fees collected by the City shall be kept separate from other revenue of the City. 2. There shall be 1 trust fund established for each of the benefit areas, shown on maps labeled “Thoroughfare and Collector Street Benefit Areas” and “Open Space Benefit Areas,” respectively; copies are on file with the City Clerk and are made a part of this UDO. 3. All facility funds collected shall be properly identified by the appropriate benefit area and transferred for deposit in the appropriate trust account.

4. A portion of these funds shall be allocated and assigned to a separate account for each benefit area for the purpose of providing funds for reimbursements required per Sec. 8.9.1. and Sec. 8.9.3. 5. These funds shall be allocated into the appropriate reimbursement accounts as follows: a. Thoroughfare and collector street fees as defined in this UDO: i. Benefit Zone 1: 50% of the funds collected. ii. Benefit Zone 2: 27% of the funds collected. iii. Benefit Zone 3: 27% of the funds collected b. Open space fees: All Benefit Zones: 20% of the funds collected. 6. Funds may be transferred from reimbursement accounts to project accounts for each benefit area at the end of each fiscal year, to the extent that the account balance in each benefit area exceeds the contractual reimbursement obligations for the area. B. Limitation on Expenditure of Funds Collected 1. Funds expended from facility fee trust accounts shall be made for no other purpose than for thoroughfare and collector street capital costs or open space capital costs associated with projects undertaken by the City or by the City in conjunction with other units of government. 2. No funds shall be used for periodic or routine maintenance or for administration of the facility fee program. 3. Expenditures from the trust fund shall be matched by an equal sum of money approved from non-fee sources and shall be spent for projects located in the same zone in which the fees were collected. 4. All funds shall be used exclusively for capital improvements within the benefit area from which the funds were collected. 5. A report of the collection activity from application of facility fees shall be made to City Council and once every 2 years. 6. The report shall show where fees have been collected and what projects have been constructed or reimbursed with fee monies. 7. The City Council shall review this report and consider whether within each benefit area fees are being spent so that no area of new construction is not being benefited by the fees.

Supp. No. 30

8 – 52 Published November 2023

Part 10: Unified Development Ordinance City of Raleigh, North Carolina