AG 2002 08 19 (Regular) - Laserfiche WebLink

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H. Acquisition. The power of acquisition can be a useful tool for pursuing mitigation goals. Localgovemments may find the most effective method for completely "hazard-proofing" a particular piece of property or area is to acquire the property (either in fee or a lesser interest, such as an easement), thus removing the property from the private market and eliminating or reducing the possibility of inappropriate development occurring. North Carolina legislation empowers cities, towns, and counties to acquire property or public purpose by gift, grant, devise, bequest, exchange, purchase, lease or eminent domain (NCGS 153A. Art. 8; 160A. Art. 11). I. Taxation. 1. The power to levy taxes and special asseSsments is an important tool delegated to local governments by North Carolina law. The power of taxation extends beyond merely the collection of revenue, and can have a profound impact on the pattern of development in the community. Many communities set preferential tax rates for areas, which are unsuitable for development (e.g., agricultural land, wetlands), and can be used to discourage development in hazardous areas. 2. Local units of government also have the authority to levy special assessments on property owners for all or part of the costs of acquiring, constructing, reconstructing, extending or otherwise building or improving beach erosion control or flood and hurricane protection works within a designated area (NCGS 160A-238). This can serve to increase the cost of building in such areas, thereby discouraging development. 3. Because the usual methods of apportionment seem mechanical and arbitrary, and because the tax burden On a particular piece of property is often quite large, the major constraint in using special assessments is political. Special assessments seem to offer little in terms of control over land use in developing areas. They can, however, be used to finance the provision of necessary services within municipal or county boundaries. In addition, they are useful in distributing to the new property owners the costs of the infrastructure required by new development. J. Spending. 1. The fourth major power that has been delegated from the North Carolina General Assembly to local governments is the power to make expenditures in the public interest. Hazard mitigation principles should be made a routine part of all spending decisions made by the local government, including annual budgets and a Capital Improvement Plan (CIP). 2. A C~ is a schedule for the provision of municipal or county services over a specified period of time. Capital programming, by itself, can be used as a growth management technique, with a view to hazard mitigation. By tentatively committing itself to a timetable for the provision of capital to extend services, a community can control its growth to some extent especially where the surrounding area is such that the provision of on-site sewage disposal and water supply are unusually expensive. 3. In addition to formulating a timetable for the provision of services, a local community can regulate the extension of and access to services. A C2 that is coordinated with extension and access policies can provide a significant degree of control over the location and timing of Draf~ Annex C v.3 C-5 1 June 2002