Orange County NC Website
46 <br /> CHCCS School Impact Fee Report(DRAFT) <br /> improvements,the need for which is created in substantial part by the new development <br /> that takes place within the County. <br /> (2) For purposes of this subsection, the term capital improvements includes the acquisition <br /> of land for open space and greenways, capital improvements to public streets, schools, <br /> bridges, sidewalks, bikeways, on and off street surface water drainage ditches, pipes, <br /> culverts, other drainage facilities, water and sewer facilities and public recreation <br /> facilities. <br /> (3) An ordinance adopted under this subsection may be made applicable to all development <br /> that occurs within the County. <br /> (c) Amount of Fees. In establishing the amount of any impact fee, the County shall endeavor to <br /> approach the objective of having every development contribute to a capital improvements fund an amount <br /> of revenue that bears a reasonable relationship to that development's fair share of the costs of the capital <br /> improvements that are needed in part because of that development. In fulfilling this objective, the County <br /> shall, among other steps and actions: <br /> (1) Estimate the total cost of improvements by category (e.g., streets, sidewalks, drainage <br /> ways, etc.)that will be needed to provide in a reasonable manner for the public health, <br /> safety and welfare of persons residing within the County during a reasonable planning <br /> period not to exceed 20 years. The Board of County Commissioners may divide the <br /> County into two or more districts and estimate the costs of needed improvements <br /> within each district. These estimates shall be periodically reviewed and updated and <br /> the planning period used may be changed from time to time. <br /> (2) Establish a percentage of the total costs of each category of improvement that, in <br /> keeping with the objective set forth above, should fairly be borne by those paying the <br /> impact fee. <br /> (3) Establish a formula that fairly and objectively apportions the total costs that are to be <br /> borne by those paying impact fees among various types of developments. By way of <br /> illustration without limitation: <br /> a. In the case of street improvements,the impact fee may be related to the number <br /> of trips per day generated by different types of uses according to recognized <br /> estimates; <br /> b. In the case of drainage improvements,the impact fee may be related to the size <br /> of a development, the amount of impervious surface the development has, or <br /> other factors that bear upon the degree to which a development contributes to <br /> the need for drainage improvements made at public expense. <br /> (d) Capital Improvements Reserve Funds: Expenditures. <br /> (1) Impact fees received by the County shall be deposited in a capital improvements reserve <br /> fund or funds established under Chapter 159 of the General Statutes, Article 3, Part <br /> 2. Such funds may be expended only on the type of capital improvements for which <br /> such impact fees were 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 are expended on <br /> capital improvements that benefit that development,the County may establish for each <br /> category of capital improvement for which it collects an impact fee at least two <br /> geographical districts or zones, and impact fees generated by developments within <br /> those districts or zones must be spent on improvements that are located within or that <br /> benefit property located within those districts or zones. <br /> (e) Credits for Improvements. An impact fee ordinance shall make provision for credits against <br /> required fees when a developer installs improvements of a type that generally would be paid for by the <br /> County out of a capital reserve account funded by impact fees. The ordinance may spell out the <br /> 39 <br />