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8 <br /> School impact Fees contained in Section 3. <br /> The Board of County Commissioners shall review the report to determine if, within each benefit <br /> area,all areas of new construction are being benefitted by the fees.If the Board of County Commissioners <br /> determines that areas of new construction are not being benefitted, then it shall readjust the capital <br /> improvements program to correct this condition.If,after review of the methods and data used to calculate <br /> the Schedule of Public School Impact Fees, the Board of County Commissioners determines that <br /> adjustments are required in the Schedule, then it shall direct the County Manager and staff to prepare <br /> a report which outlines recommended changes for its consideration. <br /> SECTION 6 - CREDITS <br /> Any conveyance of land for a public school site or construction of new school facilities received and <br /> accepted by Orange County,a municipality located in Orange County,and/or the Orange County or Chapel <br /> Hill-Carrboro School Board from a developer shall be credited against the public school impact fee due if <br /> the conveyance or construction meets the same needs as the public school impact fee in providing new <br /> public school facilities. If the developer wishes to receive credit against the amount of the public school <br /> impact fee due for such conveyance or construction,the developer shall,prior to the agreement to convey <br /> land for or construct new public school facilities, or the conveyance of land for or construction of new <br /> school facilities, enter into a fee agreement with the County. The fee agreement shall provide for the <br /> establishment of credits and payment of the fee in a specified manner and time. <br /> The value of land conveyed or facilities constructed by a developer and accepted by the County, <br /> municipality or school board for purposes of this section shall be determined by an appraisal based on the <br /> fair market value of the land or facilities as established by the County.Construction shall be in accordance <br /> with applicable County, municipal, school board, and/or State standards. Any land conveyed for credit <br /> under this section shall be conveyed no later than the time at which public school impact fees are required <br /> to be paid. The portion of the public school impact fee represented by a credit for construction shall be <br /> deemed paid when the construction is completed and accepted for maintenance or when adequate security <br /> for the completion of the construction has been provided. <br /> SECTION 7 - PENALTIES <br /> In addition to any other remedy allowed by N.C. General Statute 153A-123, the failure to pay a <br /> public school impact fee is hereby declared to subject the person responsible for payment of the public <br /> school impact fee to a civil penalty.The amount of the penalty shall be equal to the amount of the unpaid <br /> school impact fee,plus an interest charge of one-half percent (1/2%) per month compounded monthly and <br /> a service charge of one hundred dollars ($100.00). <br /> The County may assess this penalty against the land owner whereon new construction has <br /> occurred without payment of the public school impact fee. However, no service charge will be assessed <br /> when the County staff has made an error in the fee determination. Furthermore, no penalty shall be <br /> assessed until the person or persons alleged to be in violation are served by registered mail, certified mail <br /> -return receipt requested, or personal service with notice to pay. <br /> The County Attorney is hereby authorized to institute a civil action in the name of Orange County <br /> in the appropriate division of the General Court of Justice in Orange County for recovery of the penalty. <br /> All monies recovered shall be deposited in the appropriate trust fund. <br /> Impact Fee Ordinance 5 <br />