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11 <br />(b) In order to ensure that impact fees paid by a particular development are <br />expended on capital i~nprovem-ent that benefit that development, the Town may <br />establish for each category of capital improvement for which it collects an impact fee at <br />least two geographical districts or zones, and impact fees generated by developments <br />within those districts -or zones must be spent on improvements that are located within or <br />-that benefit property located within those districts or zories. <br />"Sec. 14.4. Credits for Improvements. An ordinance adopted under this Article <br />shall make provision for credits against required fames when a developer installs <br />improvements of a type that generally-would be paid for by the Town out of a capital <br />reserve account funded by impact fees. The ordinance may spell out the circumstances <br />under which a developer wil-1 be allowed to install such improvements and receive such <br />credits. <br />"Sec. 14.5. Appeals Procedure. An ordinance adopted under this Article may <br />provide that. any person aggrieved by- a decision -regarding an impact fee may appeal to <br />the PitGsboro Board of Adjustment ~IfthE-ordinance establishes an appeal procedure, it <br />shall spell out the time within which the appeal must be taken to the Board of <br />Adjustment, the possiblegrounds- for an appeal and the board's authority in tho matter, <br />whether the fee must lie paid prior to resolution of the appeal, and other procedural or <br />substantive matters related to appeals. Any decision=bythe Board of Adjustment shall <br />be subject to review by the superior court by proceedings in the nature of certiorari in <br />the same manner as is provided in G.S. 160A-388(e). <br />"Sec. 14.6. Payment of Impact Fees. An ordinance adopted under this Article <br />shall spel-1 out when in the process of development approval and construction impact <br />fees shall be paid and by whom. -By way of illustration without limitation, the <br />ordinance may provide that an applicant f-or a -building permit -shall submit the imparct <br />fee along with the permit application and that building permits shall not be issued until <br />the impact fee has been paid: <br />"Sec. 14.7. Refunds. If this Article~or any ordinance adopted thereunder is declared <br />to be tiu~constitutional or otherwise invalid, then any impact fees collected shall be <br />refunded thereunder to the person paying them together with interest at the same rate <br />paid by the Secretary of Revenue on refunds for tax overpayments. <br />"Sec. 14.8. Limitations on Actions. (a) Any action contesting the validity of an <br />ordinance adopted under this Article must be commenced not later than nine months <br />after the effective date of such ordinance. <br />(b) Any action seeking to recover -an impact fee must be commenced not later <br />than nine months after the impact fee is paid." <br />TITLE V. CHAPEL HII.L HOUSING. <br />Sec. 14. Findings and declarations. It is hereby found and declared that there <br />is a serious shortage of decent, safe and sanitary housing available at low prices or <br />rentals to persons and families of low and moderate income, and that private enterprise <br />without assistance has been unable to meet that need in the Town of Chapel Hill. These <br />conditions contribute to urban blight and retaxd sound development and redevelopment, <br />thereby necessitating the following provisions to alleviate such conditions in the public <br />interest. <br />Page 6 S.L. 1987-460 House Bill 917 <br />