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9 <br />improvements of a type- that generally would-be paid for by the county out of a capital <br />reserve account funded by impact fees. The-ordinance may spell out the circumstances <br />under which a developer will be allowed to install such irprovements and receive such <br />credits. <br />Sec. S. Appeals Procedure. An ordinance adopted under this act may <br />provide that any person aggrieved by a decision regarding an impact fee may appeal to <br />the County Board of Adjustment. If the 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 possible grounds for an appeal and-the board's authority in the matter, <br />whether the fee must be paid prior to resolution of the appeal, and- other procedural or <br />substantive matters related to appeals. Any decision by the Board of-Adjustment shall <br />be subject to review by the superior court within the county by proceedings in the nature <br />of-certior-ar-i in the same manner as is provided in G.S. 153A-345(e)._ <br />Sec 9. Payment-off Impact- Fees. An ord-finance adopted-under this act shall <br />spell out=when in-tlie process of development approval and construction impact fees <br />shall be paid and by whom. By way of illustration, and without 1_imitation, the <br />ordinance may provide that an applicant 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 fee has been paid. <br />Sec. i0. Refunds If this- title or any ordinance adopted hereunder- is <br />declared to be unconstitutional or otherwise invalid by any court of competent <br />jurisdiction, then any impact fees collected ther_eund~r shall be refunded to the person <br />paying them tngetlier with interest at the same rate pal-d.by the Secretary of Revenue on <br />refunds for tax over-payments. <br />Sec. 11. .imitation on Actions. (aj Any action contesting the validity of an <br />ordinance adopted pursuant to this title 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 <br />later than nine months after the impact fee is paid. <br />Sec. 12. All laws and clauses of laws in conflict with this title are hereby <br />repealed. <br />Sec. 12.1. This title applies to Chatham County only. <br />TITLE IV. PITTSBORO IMPACT FEES. <br />Sec. 13. The Charter of the Town of Pittsboro, being Chapter 348, Session <br />Laws of 1973, as-amended is amended by adding a new Article to read: <br />"Article XIV. Impact Fees. <br />"Sec. 14.1. Impact Fees Authorized.-{a) The Town Board of Commissioners may <br />provide by ordinance for a system of impact fees to be paid by developers to help defray <br />the costs to the Town of constructing certain capital improvements, the need for which <br />is created insubstantial part by the new development that takes place within the Town <br />and its extraterritorial. planning area. <br />(b) For purposes of this Article, the term capital improvements. includes capital <br />improvements to public streets, bridges, sidewalks, greenways, water and sewer, <br />Page 4 S.L. 1987-460 House Bill 917 <br />