Orange County NC Website
(g) Payment of Impact Fees. <br /> An ordinance authorizing impact fees as herein provided <br /> shall spell out when in the process of development approval and <br /> construction impact fees shall be paid and by whom. By way of <br /> illustration without limitation, the ordinance may provide that <br /> an applicant for a building permit shall submit the impact fee <br /> along with the permit application and that building permits shall <br /> not be issued until the impact fee has been paid. <br /> (h) Refunds. <br /> If this Section or any ordinance adopted thereunder is <br /> declared to be unconstitutional or otherwise invalid, then any <br /> impact fees collected shall be refunded to the person paying them <br /> together with interest at the rate established under G.S. 105- <br /> 241.1, being the same rate paid by the Secretary of Revenue on <br /> refunds for tax overpayments. <br /> (i) Limitations on Actions. <br /> 1) Any action contesting the validity of an ordinance <br /> adopted as herein provided must be commenced not later than nine <br /> months after the effective date of such ordinance. <br /> 2) Any action seeking to recover an impact fee must <br /> be commenced not later than nine months after the impact fee is <br /> paid. <br /> Section 2. G.S. 153A-340 is amended by identifying the ex- <br /> isting provisions as subsection (a) and by adding new subsections <br /> to read: <br />