NSN ORD-1995-005 Educational Facilities Impact Fee Ordinance - Agenda 6-5-1995 - IX-A

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