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ORD-2008-114 - Educational Facilities Impact Fee Ordinance
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ORD-2008-114 - Educational Facilities Impact Fee Ordinance
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Last modified
4/25/2011 4:01:42 PM
Creation date
5/5/2010 9:13:42 AM
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BOCC
Date
12/11/2008
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
6d
Document Relationships
Agenda - 12-11-2008 - 6d late
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\Board of County Commissioners\BOCC Agendas\2000's\2008\Agenda - 12-11-2008
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F. ANNUAL REPORT <br />A report shall be made to the Board of County Commissioners each year <br />showing where public school impact fees have been collected, what projects have been <br />constructed with such fees, and what reimbursements have been made. The report <br />shall also include an evaluation of this ordinance, including its effectiveness and <br />enforcement, and the methods and data used to calculate the Schedule of Public <br />School impact Fees contained in Section 3. <br />The Board of County Commissioners shall review the report to determine if, <br />within each benefit area, all areas of new construction are being benefited by the fees. <br />If the Board of County Commissioners determines that areas of new construction are <br />not being benefited, then it shall readjust the capital improvements program to correct <br />this condition. If, after review of the methods and data used to calculate the Schedule <br />of Public School Impact Fees, the Board of County Commissioners determines that <br />adjustments are required in the Schedule, then it shall direct the County Manager and <br />staff to prepare a report which outlines recommended changes for its consideration. <br />SECTION 6 - CREDITSs <br />Any conveyance of land for a public school site or construction of new school <br />facilities received and accepted by Orange County, a municipality located in Orange <br />County, and/or the Orange County or Chapel Hill-Carrboro School Board from a <br />landowner may, at the election of the landowner, be credited against the public school <br />impact fee due if the conveyance or construction meets the same needs as the public <br />school impact fee in providing new public school facilities. If the landowner elects to <br />receive credit against the amount of the public school impact fee due for such <br />conveyance or construction, the landowner shall, prior to the agreement to convey land <br />for or construct new public school facilities, or the conveyance of land for or <br />construction of new school facilities, enter into a fee agreement with the County. The <br />fee agreement shall provide for the establishment of credits and payment of the fee in a <br />specified manner and time, and shall, upon its execution by the landowner and the <br />County, be binding upon the heirs and assigns of the landowner. <br />The value of land conveyed or facilities constructed by a landowner and <br />accepted by the County, municipality or school board for purposes of this section shall <br />be determined by an appraisal based on the fair.market value of the land or facilities as <br />established by the County. Construction shall be in accordance with applicable County, <br />municipal, school board, and State standards. Any land conveyed for credit under this <br />section shall be conveyed no later than the time at which public school impact fees are <br />required to be paid. The portion of the public school impact fee represented by a credit <br />for construction shall be deemed paid when the construction is completed and accepted <br />for maintenance or when adequate security for the completion of the construction has <br />been provided. <br />s Revised February 26, 1996. <br />Impact Fee Ordinance 7 <br />
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