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a. A mobile home being used to provide custodial care under the provisions of an approved <br /> Special Use Permit. <br /> b. A mobile home being used as a temporary residential dwelling during the installation of a <br /> replacement mobile home or the construction of a stick-built dwelling unit. <br /> Sec. 30-35. -Collection of fees. <br /> (a) Creation of public school benefit area trust funds. Public school impact fees collected by Orange <br /> County pursuant to this Ordinance shall be kept separate from other revenue of the County. There <br /> shall be one trust fund established for each of the benefit areas. The benefit areas correspond to the <br /> school district boundaries as determined by the School Districts and as illustrated on the attached <br /> map labeled Public School Benefit Areas. <br /> (b) Responsibility for fee collection. <br /> (1) All public school impact fees are due to Orange County and shall be paid to Orange County <br /> prior to a certificate of occupancy being issued for a dwelling unit. The fees will be collected by <br /> Orange County and/or by interlocal agreement between Orange County and a municipality <br /> located therein. All public school impact fees shall be properly identified by the appropriate <br /> benefit area and transferred for deposit in the appropriate trust account. <br /> (2) Where there is an interlocal agreement in effect for collection of the public school impact fees by <br /> a municipality, the municipality shall remit the fees to Orange County as provided in the <br /> agreement, including a report of the amount of funds collected and the benefit area from which <br /> the fees were collected. Upon receipt, the County shall deposit the fees in the appropriate trust <br /> fund. <br /> (c) Limitation on expenditure of funds. Funds withdrawn from public school impact fee trust accounts <br /> shall be used solely in accordance with the following provisions: <br /> (1) Funds shall be used for capital costs associated with the construction of new public school <br /> space, including new buildings or additions to existing buildings or otherwise converting existing <br /> buildings into new public school space where the expansion is related to new residential growth. <br /> Such capital costs include actual building construction; design, engineering, and/or legal fees; <br /> land acquisition and site development; equipment and furnishings; infrastructure improvements; <br /> and/or debt service payments and payments under leases through which to finance such costs. <br /> (2) Funds shall be used exclusively for capital improvements within the benefit area from which the <br /> funds were collected. <br /> (3) Funds may be used for providing reimbursements as permitted in subsection (e) of this Section. <br /> (4) No funds shall be used for public school operating expenses, periodic or routine maintenance, <br /> or the administration of this public school impact fee program. <br /> (5) Following their collection, funds shall be expended within ten (10) years, the time frame <br /> coinciding with the public school facilities capital improvements program (CIP) school impact fee <br /> period. <br /> The disbursal of public school impact fee funds shall require the approval of the Board of County <br /> Commissioners upon recommendation of the County Manager. <br /> (d) Interest on fees. Any public school impact fee funds on deposit and not immediately necessary for <br /> expenditure shall be invested as allowed in N.C. General Statute 159-30 for other public moneys. All <br /> income derived shall be deposited in the applicable trust fund. <br /> (e) Reimbursement of fees. <br /> (1) Any funds not expended within the time frame established in subsection (c)(5) of this Section. <br /> shall be returned to the feepayer, or the land owner if the address of the feepayer provided to <br /> Page 4 <br />