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363 <br /> The Board of County Commissioners shall review the report to <br /> determine if, within each benefit area, all areas of new construction <br /> are being benefitted by the fees. If the Board of County Commissioners <br /> determines that areas of new construction are not being benefitted, then <br /> it shall readjust the capital improvements program to correct this <br /> condition. If, after review of the methods and data used to calculate <br /> the Schedule of Public School Impact Fees, the Board of County <br /> Commissioners determines that adjustments are required in the Schedule, <br /> then it shall direct the County Manager and staff to prepare a report <br /> which outlines recommended changes for its consideration. <br /> SECTION 6 - CREDITS <br /> Any conveyance of land for a public school site or construction of <br /> new school facilities received and accepted by Orange County, a <br /> municipality located in Orange County, and/or the Orange County or <br /> Chapel Hill-Carrboro School Board from a developer shall be credited <br /> .against the public school impact fee due if the conveyance or <br /> construction meets the same needs as the public school impact fee- in <br /> providing new public school facilities. If the developer wishes to <br /> receive credit against the amount of the public school impact fee due <br /> for such conveyance or construction, the developer shall, prior to the <br /> agreement to convey land for or construct new public school facilities, <br /> or the conveyance of land for or construction of new school facilities, <br /> enter into a fee agreement with the County. The fee agreement shall <br /> provide for the establishment of credits and payment of the fee in a <br /> specified manner and time. <br /> The value of land conveyed or facilities constructed by a developer <br /> and accepted by the County, municipality or school board for purposes of <br /> this section shall be determined by an appraisal based on the fair <br /> market value of the land or facilities as established by the County. <br /> Construction shall be in accordance with applicable County, municipal, <br /> school board, and/or State standards. Any land conveyed for credit under <br /> this section shall be conveyed no later than the time at which public <br /> school impact fees are required to be paid. The portion of the public <br /> school impact fee represented by a credit for construction shall be <br /> deemed paid when the construction is completed and accepted for <br /> maintenance or when adequate security for the completion of the <br /> construction,has been provided. <br /> SECTION 7 - PENALTIES <br /> In addition to any other remedy allowed by N.C. General Statute <br /> 153A-123 , the failure to pay a public school impact fee is hereby <br /> declared to subject the person responsible for payment of the public <br /> school impact fee to a civil penalty. The amount of the penalty shall be <br /> equal to the amount of the unpaid school impact fee, plus an interest <br /> charge of one-half percent (1/2%) per month compounded monthly and a <br /> service charge of one hundred dollars ($100. 00) . <br />