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14 <br />(g) Payment of Impact Fees. An ordinance authorizing -unpact fees as herein <br />provided shall spell out when in the process of development approval and construction <br />impact fees shall be paid and by whom. By way of illustration without limitation, the <br />ordinance may provide that an appl-icant for a building permit shall submit the impact <br />fee- along with the permit application and that building permits shall not be issued until <br />the impact f-ee has been paid. <br />(h). Refunds. If this section or any ordinance adopted thereunder is declared to be <br />unconstitutional or otherwise invalid, then any impact fees collected shall be refunded <br />to the person paying-them together with interest at the rate established under G:S. 105- <br />241.1,. being the same rate paid by the Secretary of Revenue on refunds for tax <br />overpayments. <br />(i) Limitations on Actions. <br />(1) Any action -contesting the validity of an oxciinance_ adopted as herein <br />provided must be commenced -not- later -than nine- months after the <br />:effective date=of such ordinance. - <br />(2) Any action seeking to recover an impact ~e must be commenced not <br />-later than nine months .after the impact fee_is paid." <br />Sec. 17.1. Section 17 of this act shall apply only to Orange County, and <br />applies only within the planning. jurisdiction of Orange County. <br />Sec. 18. G.S. 153A-340 is amended by identifying the existing provi-lions as <br />subsection (a) and by adding new subsections to read: <br />"(b) Impact Fees Authorized. <br />(1) Orange County may -provide by ordinance for a system of impact fees <br />to_ be paid by developer-s to help- defray the costs to the County_ of <br />constructing certain capital improvements, the need for which is <br />created -in substantial part by the new development that takes place <br />within the County. <br />(2) For purposes of this subsection, the term capital improvements <br />inoludes the acquisition of land for open space and greenways, capital <br />improvements to public streets, schools, bridges, sidewalks, bikeways, <br />on and off street surface water drainage ditches, pipes, culverts, other <br />drainage facilities, water and sewer facilities and public recreation <br />facilities. <br />(3) An ordinance adopted under this subsection may be made applicable to <br />all development that occurs within the- County. <br />(c) Amount of Fees. In establ-fishing the amount of any impact fee, the County <br />shall endeavor to approach the objective of having every development contribute to a <br />capital improvements fund an a.mount of revenue that bears a reasonable relationship to <br />that development's fair share of the costs -of the capital improvements that are needed in <br />part because of that development. In fulfilling this objective, the County shall, among <br />other steps and actions: <br />(1) Estimate the total cost of improvements by category (e.g., streets, <br />sidewalks, drainage ways, etc.) that will be needed to provide in a <br />reasonable manner for the public health, safety and welfare of persons <br />House Bi11917 S.L. 1987-460 Page 9 <br />