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15 <br /> out the circumstances under which a developer will be allowed to <br /> install such improvements and receive such credits. <br /> "Sec. 5. 135. Appeals Procedure. An ordinance adopted under <br /> this Article may provide that any person aggrieved by a decision <br /> regarding an impact fee may appeal to the Carrboro Board of <br /> Adjustment. If the ordinance establishes an appeals procedure, <br /> it shall spell out the time within which the appeal must be taken <br /> to the board of adjustment , the possible grounds for an appeal <br /> and the board's authority in the matter , whether the fee must be <br /> paid prior tc resolution of the appeal , and other procedural or <br /> substantive matters related to appeals'. Any decision by the <br /> board of adjustment shall be subject to review by the superior <br /> court by proceedings in the nature of certiorari in the same <br /> manner as is provided in G. S. 160A-388 (e) . <br /> I'S ec 5 . 136. Payment of Impact Fees. An ordinance adopted <br /> under this Article- shall spell out when in the process of <br /> development approval and coristruction impact fees shall be paid <br /> and by whom. By way of illustration without limitation, the <br /> ordinance may 1)C 0 v id e t 11 a t an applicant for a building permit <br /> -;hcili zju1jui_iA Lht: impLict- Lt�u �iluticj with tho pecini. t. application and <br /> that building permits shall not be issued until the impact fee <br /> has been paid. <br /> "Sec. 5. 137. R t. <br /> Lunds. If this Article or any ordinance <br /> t <br /> adopted thereunder -i.s declared to be unconstitutional or <br /> otherwise invalid , then any impact fees collected shall be <br /> refunded to the person paying them together with interest at the <br /> rate established under G. S. 105-241. .1, being the same rate paid <br /> by the Secretary of Revenue on refunds for tax overpayments. <br /> "Sec . 5. .138. . Limitations on Actions. (a) Any action <br /> contesting the validity of an ordinance adopted under this <br /> Article m ust be commenced not later than nine months after the <br /> effective date of such ordinance. <br /> (b) Any action seeking to recover an impact fee must be <br /> commenced not later than nine months after the impact fee is <br /> paid. ', <br /> Sec . 3 . Chapter 660 of the Session Laws of 1969 (the <br /> Carrtoro Town Charter) is amended by adding a new section to <br /> Chapter VII to read: <br /> flsEc. 8 . 02. Recreation Fees in Lieu of Facilities. . The Board <br /> of Aldermen may establish a fund into which payments from <br /> developers or property owners may be deposited for the purpose of <br /> providing open space areas or recreational facilities and from <br /> which appropriations shall be made exclusively for the purpose of <br /> acquiring or improving open space areas or recreational <br /> facilities that are reasonably expected to benefit or serve the <br /> residents of the dev;�lopment generating such funds. The Board of <br /> Aldermen may provi(je in its land use ordinance that all <br /> developers or developers of certain types of projects shall <br /> either provide open space and recreational facilities according <br /> to standards set forth in the ordinance or pay a fee in <br /> accordance with a town-established schedule to the town.'s open <br /> space and recreational facilities fund. The town may also <br /> provide in the land use ordinance that under specified <br /> circumstances such fee shall be required in lieu of the <br /> House Bill 690' 3 <br />