NEWS RELEASE

FOR IMMEDIATE RELEASE March 23, 1999

CARY SEEKS SPECIAL LEGISLATION
FOR TREE PROTECTION,
PARKS FUNDING

CARY, NC – The Town of Cary is asking the North Carolina General Assembly for authorization to make laws to control the clear-cutting of land as well as to collect a fee on residential development to support parks. Cary’s requests come as the General Assembly closes this year’s period for special legislation requests later this week. On March 11^th, Cary Mayor Koka Booth sent letters to State Legislators John Carrington and Jane Mosely confirming the Town’s official request to have the two sponsor the tree bill. Booth followed up with separate letters to the two on March 18^th regarding the parks bill.

"Our goal in asking for the special legislation is to give Cary the same law-making authority that other cities already have in terms of being able to protect trees and vegetation as well as to fund parks," said Town Manager Bill Coleman.

If granted, Cary’s tree bill would allow the Town to make ordinances addressing the removal, replacement, and preservation of trees and shrubs both within Town limits and within the Town’s extraterritorial jurisdiction. Like other North Carolina cities with similar powers, Cary officials want to be able to regulate the amount of clear-cutting that can take place on property. While the Town’s goal is not to prevent legitimate timbering operations, Cary is interested in protecting future buffers and tree preservation areas.

The towns of Garner and Apex have officially asked to be part of the Cary tree protection bill. Wake Forest and Morrisville have also expressed an interest.

Cary joined with other jurisdictions in approaching the General Assembly in 1997 asking for the tree protection legislation, but the Town’s request fell victim to intense lobbying efforts by opposition groups.

Cary’s parks bill would allow the Town to make ordinances regarding the charging of payments in lieu of parkland dedication based on a per unit formula for all residential development. This authority would provide for a fair and equitable land dedication ordinance that could apply to multi-family as well as single-family development. The General Assembly granted similar power to Apex in 1996.

PROPOSED CARY PARKS BILL

Section 1. The Charter of the Town of Cary, being Chapter 868 of the 1971 Session Laws, is amended by adding two new sections to read:

"Sec. 9.4. In addition to the authority granted by G.S. 160A-372, the Town of Cary, in the exercise of its powers to regulate the subdivision of land subject to its jurisdiction, is authorized to determine the amount of funds to be paid as a fee in lieu of recreational land or open space dedication by using a formula based upon a charge per dwelling unit of the development or subdivision without reference to property tax value; provided that this charge may vary depending on the size or type of the dwelling unit; and further provided that the collection, maintenance, and use of such funds are otherwise consistent with G.S. 160A-372. In no event may a fee in lieu of recreational land or open space dedication that is required for a development or subdivision exceed the fair market value of the land area that would have otherwise been required to be dedicated. For the purpose of this section, fair market value is to be determined at final plat approval with respect to a development or subdivision."

"Sec. 9.5. As part of its zoning regulations, the Town of Cary shall have the same authority to condition the approval of all residential development plans, including all residential site plans, upon the dedication or reservation of property, the making of public improvements, or the payment of fees in lieu of dedication, reservation, or public improvements as the Town of Cary has under its powers to regulate the subdivision of land, including Section 9.4 as set forth above."

Sec. 2. This act is effective upon ratification.

PROPOSED CARY PARKS BILL

Section 1. In order to preserve and enhance one of the most valuable natural resources of the community and to protect the health, safety, and welfare of its citizens, a municipality may adopt ordinances to regulate the planting, removal, and preservation of trees and shrubs on public and private property within the municipality.

Section 2. Prior to adopting an Ordinance authorized by Section 1 of this act, a public hearing shall be held before the municipality’s governing board. Notice of the hearing shall be given in accordance with GS 160A-364.

Section 3. This act shall apply only to the Towns of Cary, Garner and Apex and to areas within the Town’s Extraterritorial Planning Jurisdiction under Article 19 of Chapter 160A of the General Statutes.

Section 4. This act is effective when it becomes law.

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PRIMARY CONTACTS: Ricky Barker, Development Review Director, 469-4085

Mary Barry, Parks, Recreation, Cultural Resources Director, 469-4066

Bill Coleman, Town Manager, 469-4002

Susan Moran, Public Information Officer, 460-4951