Laserfiche WebLink
May 13, 1997 <br /> <br />MEMORANDUM <br /> <br />TO: Board of Commissioners <br /> <br />RE: Residential Construction Moratorium <br /> <br />Jonathan Marshall is preparing alternative approaches related to the consideration Of a residential <br />construction moratorium for your review as directed by the Board majority on April 21. The purpose <br />of this correspondence is to provide input on this issue and give you time to anticipate issues and <br />reactions from various sources. <br /> <br />Assuming the purpose of considering a moratorium on residential construction is to allow time <br />for the County staff (probably with consultant assistance) to develop an "Adequate Public <br />Facilities Ordinance" ("APFO"), then the duration of any moratorium would be short in term <br />(90-120 days assuming consultant scheduling does not conflict). <br /> <br />A. Impacts <br /> <br />1. Builders are already planning legal actions to contest the moratorium and probably <br /> any application of an "APFO." (See attached correspondence.) <br /> <br />Some builders are securing an advance large number of permits to carry them <br />through a short term moratorium. Given the fact that passing any moratorium may <br />not have full Commission support, a time frame will exist for other builders to <br />obtain additional permits between the first and second readings of an ordinance for <br />a moratorium. <br /> <br />A short-term moratorium on residential construction will have little, if any <br />significant impact on commercial or industrial development. <br /> <br />B. Outcomes <br /> <br />An "APFO" will be challenged legally. Please understand that an "APFO" is a <br />method of providing for restraints on construction either through limiting the <br />number of permits, allowing lower densities, imposing temporary (timeliness <br />oriented) building moratoriums or allowing "fees" or developer contributions as an <br />offset. (It is not sure that an "APFO" fee system would stand legal challenges.) <br /> <br /> Office of the County Manarjer <br /> <br />707 · Ccncard, NC 2802~ 0707 o (704) 733-8100 · Ch3r'.o!te 375-0829 <br /> <br /> <br />