In Camden County, small-time builders face big-time fee

CAMDEN, N.C.

Anticipating building a new home, Lisa and Mark Brigman were surprised last week when they had to write Camden County a check for $10,249 for a building permit.

They had heard about the county's new ordinance, passed last year, that called for a large fee for new homes if schools were at capacity, but they thought it applied only to developers.

"I understand if they have to tax someone building a subdivision, but we've lived here all our lives," said Lisa Brigman.

While there are large developments in the permitting process, including Camden Plantation with plans for 1,780 housing units, the first to have to pay the capacity fee were three families seeking to build one home each.

"I sympathize with those folks," said Commissioner Mike Andrews. "I feel an individual homeowner shouldn't have to pay it, but apparently it's illegal because we'd be picking and choosing."

The county passed an "adequate facilities" ordinance last year that can stop new home construction if schools are at capacity. Individuals or developers can still get a building permit, but only if they pay a fee: $10,249 for each single-family home. Fees are less for condominiums and town homes. The money goes into a school construction fund.

County commissioners worked for years before passing the ordinance as a way to control growth and pay for school construction. Discussions centered on new, large developments that could attract hundreds of students within a few years and cause overcrowding in the schools.

The fee is voluntary, but without it an applicant would have to wait five years and try again or wait until school capacity eases.

The county has no choice but to charge a capacity fee or significantly raise property taxes, said County Manager Randell Woodruff. Sales and commercial tax revenues are limited.

A bill in the General Assembly proposes a ban on the capacity fee, also known as a voluntary impact fee. Counties are opposing the bill, Woodruff said. The home construction industry supports the bill.

The Brigmans have filed a complaint with the county and plan to file one with the state so that it is on record. If the bill becomes law, they may get reimbursed, Lisa Brigman said.

Cabarrus County passed an adequate facilities ordinance three years ago that included a capacity mitigation fee, said Aimee Hawkins, spokeswoman for the county. The county has raised $2.9 million for the school construction fund, she said. Minor subdivisions of five lots or less are exempt, she said. Camden County did not consider exempting minor subdivisions, Woodruff said.

Camden County is among the fastest growing counties in the state, increasing in population by 30 percent from 2000 to 2007. A new school opened earlier this year to relieve crowding in the middle and elementary schools, but the lone high school is at capacity. With an estimated cost of $40 million, the county could not afford a new high school for many years, Woodruff said.

Officials are considering a plan to renovate and enlarge the current high school in the short term, Andrews said.

Jeff Hampton, (252) 338-0159, jeff.hampton@pilotonline.com