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47 <br /> CHCCS School Impact Fee Report(DRAFT) <br /> circumstances under which a developer will be allowed to install such improvements and receive such <br /> credits. <br /> (f) Appeals Procedure. An ordinance authorizing impact fees as provided herein may provide that <br /> any person aggrieved by a decision regarding an impact fee may appeal to the Orange County Board of <br /> Adjustment. If the ordinance establishes an appeals procedure, it shall spell out the time within which the <br /> appeal must be taken to the board of adjustment,the possible grounds for an appeal and the board's authority <br /> in the matter, 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 be subject to review <br /> by the superior court by proceedings in the nature of certiorari in the same manner as is provided in G.S. <br /> 153A-345. <br /> (g) Payment of Impact Fees. An ordinance authorizing impact fees as herein provided shall spell <br /> out when in the process of development approval and construction impact fees shall be paid and by <br /> whom. By way of illustration without limitation,the ordinance may provide that an applicant for a building <br /> permit shall submit the impact fee along with the permit application and that building permits shall not be <br /> issued until the impact fee has been paid. <br /> (h) Refunds. If this section or any ordinance adopted thereunder is declared to be unconstitutional <br /> or otherwise invalid, then any impact fees collected shall be refunded to the person paying them together <br /> with interest at the rate established under G.S. 105-241.1, being the same rate paid by the Secretary of <br /> Revenue on refunds for tax overpayments. <br /> (1) Limitations on Actions. <br /> (1) Any action contesting the validity of an ordinance adopted as herein provided must be <br /> commenced not later than nine months after the effective date of such ordinance. <br /> (2) Any action seeking to recover an impact fee must be commenced not later than nine <br /> months after the impact fee is paid." <br /> Sec. 18.1. Section 18 of this act shall apply only to Orange County, and applies only within <br /> the planning jurisdiction of Orange County. <br /> In the General Assembly read three times and ratified this the 23rd day of June, 1987. <br /> 40 <br />