Orange County NC Website
SECTION 5 -COLLECTION OF FEES <br />A. CREATION OF PUBLIC SCHOOL BENEFIT AREA TRUST FUNDS <br />Public school impact fees collected by Orange County pursuant to this ordinance <br />shall be kept separate from other revenue of the County. There shall be one trust fund <br />established for each of the benefit areas. The benefit areas correspond to the school <br />district boundaries as determined by the School Districts and as illustrated on the <br />attached map labeled Public School Benefit Areas. <br />B. RESPONSIBILITY FOR FEE COLLECTION <br />All public school impact fees are due to Orange County and shall be paid to <br />Orange County prior to a certificate of occupancy being issued for a dwelling unit. The <br />fees will be collected by Orange County and/or by interlocal agreement between <br />Orange County and a municipality located therein. All public school impact fees shall <br />be properly identified by the appropriate benefit area and transferred for deposit in the <br />appropriate trust account. <br />Where there is an interlocal agreement in effect for collection of the public school <br />impact fees by a municipality, the municipality shall remit the fees to Orange County as <br />provided in the agreement, including a report of the amount of funds collected and the <br />benefit area from which the fees were collected. Upon receipt, the County shall deposit <br />the fees in the appropriate trust fund. <br />C. LIMITATION ON EXPENDITURE OF FUNDS <br />Funds withdrawn from public school impact fee trust accounts shall be used <br />solely in accordance with the following provisions: <br />1.4 Funds shall be used for capital costs associated with the construction of <br />new public school space, including new buildings or additions to existing <br />buildings or otherwise converting existing buildings into new public school <br />space where the expansion is related to new residential growth. Such <br />capital costs include actual building construction; design, engineering, <br />and/or legal fees; land acquisition and site development; equipment and <br />furnishings; infrastructure improvements; and/or debt service payments <br />and payments under leases through which to finance such costs. <br />2. Funds shall be used exclusively for capital improvements within the <br />benefit area from which the funds were collected. <br />3. Funds may be used for providing reimbursements as permitted in Section <br />5.E. <br />a Amended April 3, 1995; February 26, 1996. <br />Impact Fee. Ordinance 5 <br />