Orange County NC Website
Browse       Search
15 <br />residing within-the County during a reasonable playing period not to <br />exceed 2D years. The Board of County Commissioners may divide the <br />County into two or more districts and estimate the costs of needed <br />improvements within each district. These estimates shall be_ <br />periodically reviewed -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 of developments. By way of illustration wvithout limitation: <br />a. In the case of street impravernents, the impact fee may be <br />related. to the. number of trips .per- day generated-by--different <br />-types of uses-a:ccording~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 development has, or other factors that bear upon the <br />degree to which a development contributes to the need for <br />drainage improvements made at public expenses <br />(d) Capital Improvements. Reserve Funds:- Expenditures. <br />(1) Impact fees received- by the Ce~anty shall be deposited in- a capital <br />improvements- reserve fund or funds established under Chapter 159- of <br />the General Statutes; Artic1~3, Dart 2. Such funds may be expended <br />only on the type of capital improvements for which such impact fees <br />wer-e established, and then 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 />Page 10 S.L. 1987-460 House Bi11917 <br />