ORD-2016-034 Ordinance Amending Chapter 30, Article II - Educational Facilities Impact Fee of the OC Code of Ordinances

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(Ord. of 6-7-1993, § 5, eff. 7-1-1993; Amend. of 6-5-1995, eff. 7-1-1995; Amend. of 6-26-1996, eff. 7-1-1996) Sec. 30-36. -Credits. (a) 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 landowner may, at the election of the landowner, 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 landowner elects to receive credit against the amount of the public school impact fee due for such conveyance or construction, the landowner 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, and shall, upon its execution by the landowner and the County, be binding upon the heirs and assigns of the landowner. (b) The value of land conveyed or facilities constructed by a landowner 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 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. (Ord. of 6-7-1993, § 6, eff. 7-1-1993; Amend. of 6-26-1996, eff. 7-1-1996) Sec. 30-37. - Penalties. (a) 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). (b) The County may assess this penalty against the landowner 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. (c) The County Attorney is hereby authorized to institute a civil action in the name of Orange County in the appropriate division of the General Court of Justice in Orange County for recovery of the penalty. All moneys recovered shall be deposited in the appropriate trust fund. (Ord. of 6-7-1993, § 7, eff. 7-1-1993) Sec. 30-38. - Legal status provisions. (a) All ordinances and clauses in conflict herewith are hereby repealed to the extent of said conflict. If any clause or Section of this Ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of this ordinance which can be given separate effect, and, to this end, the provisions of this Ordinance are declared to be severable. Page 7