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13 <br />periodically reviewe-d and updated and the planning period used may <br />be changed from time to time. <br />(2) Establish a percentage of "the total costs of each category of <br />improvement that, in keeping with the objective set forth -above, <br />should fairly-be borne by those paying the impact fee. <br />(3) Establish a formula that fairly and objectively apportions the total <br />costs that are to be borne by those paying impact fees among various <br />types o~ developments. By way of illustration without limitation: <br />a. In the case of street improvements, -the impact fee may be <br />related to the number of trips per day generated by different <br />types of uses according to recognized estimates; <br />b. In the case of drainage improvements, the impact fee- may be <br />related to-the size of a development, the amount of impervious- <br />surface the developmen*_- has, or other_factors-that_bear_ upon the <br />degree -to-which adevelopment---contributes to the need for <br />drainage7mprovements made at public expense. <br />(d} Capital Improvements-Reserve p'unds: Expenditures. <br />(1) Impact fees received by the County shall be deposited in a capital <br />-.improvements reserve hind or funds established under Chapter I59 of <br />the General_Statutes, Article 3, Part 2. Such funds may be expended- <br />only on the type of capital improvements for which such impact fees <br />were established, and thin only in accordance with the provision of <br />-subsection (2) of-this section. <br />(2) In order to ensure that impact-fees paid by a particular development <br />are expended on capital improvements that benefit that development, <br />the County may establish for each category of capital improvement for <br />which it collects an impact fee at least two geographical districts or <br />zones, and impact fees generated by -developments within those <br />districts or zones must be spent on improvements that are located <br />within or that benefit property located within those districts or zones. <br />(e) Credits for Improvements. An impact fee ordinance shall make provision for <br />credits against required fees when a developer installs improvements of a type that <br />generally would be paid for by the County out of a capital reserve account funded by <br />impact fees. The ordinance may spell out the circumstances under which a developer <br />will be allowed to install such improvements and receive such credits. <br />(f) Appeals Procedure. An ordinance authorizing impact fees as provided herein <br />may provide that any person aggrieved by a decision regarding an impact fee may <br />appeal to the Orange County Board of Adjustment. If the ordinance establishes an <br />appeals procedure, it shall spell out the time within which the appeal must be taken to <br />the board of adjustment, the possible grounds for an appeal and the board's authority in <br />the matter, whether the fee must be paid prior to resolution of the appeal, and other <br />procedural or substantive matters related to appeals. Any decision by the board of <br />adjustment shall be subject to review by the superior court by proceedings in the nature <br />of certiorari in the same manner as is provided in G.S. 153A-345. <br />Page 8 S.L. 1987-460 House Bill 917 <br />