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Orange County is not current, with interest at a rate not to exceed that being paid on public <br /> school impact fees deposited in accordance with subsection (d) of this Section. <br /> (2) If the Schedule of Public School Impact Fees as contained in Section 30-33 is reduced due to <br /> an updated school impact fee study that results in changes to impact fee levels charged, no <br /> refund of previously paid fees shall be made. If the Schedule of Public School Impact Fees as <br /> contained in Section 30-33 is reduced due to reasons other than an updated school impact fee <br /> study, the difference between the old and new fees shall be returned to the feepayer, or the <br /> land owner if the address of the feepayer provided to Orange County is not current, with interest <br /> at a rate not to exceed that being paid on public school impact fees deposited in accordance <br /> with subsection (d) of this Section. If the Schedule of Public School Impact Fees as contained in <br /> Section 30-33 is increased, no additional fees shall be collected from new construction for which <br /> certificates of occupancy have been issued. <br /> (3) Where an impact fee has been collected erroneously, or where an impact fee has been paid, <br /> and the feepayer subsequently files for and is granted an exception as permitted in Section 30- <br /> 34, the fee shall be returned to the feepayer. <br /> (f) Annual report. A report shall be made to the Board of County Commissioners each year showing <br /> where public school impact fees have been collected, what projects have been constructed with such <br /> fees, and what reimbursements have been made. The report shall,also include an evaluation of this <br /> Ordinance, including its effectiveness and enforcement, and the methods and data used to calculate <br /> the Schedule of Public School impact Fees contained in Section 30-33. <br /> The Board of County Commissioners shall review the report to determine if, within each benefit area, <br /> all areas of new construction are being benefited by the fees. If the Board of County Commissioners <br /> determines that areas of new construction are not being benefited, then it shall readjust the capital <br /> improvements program to correct this condition. If, after review of the methods and data used to calculate <br /> the Schedule of Public School Impact Fees, the Board of County Commissioners determines that <br /> adjustments are required in the Schedule, then it shall direct the County Manager and staff to prepare a <br /> report which outlines recommended changes for its consideration. <br /> Sec. 30-36. -Credits. <br /> (a) Any conveyance of land for a public school site or construction of new school facilities received and <br /> accepted by Orange County, a municipality located in Orange County, and/or the Orange County or <br /> Chapel Hill-Carrboro School Board from a landowner may, at the election of the landowner, be <br /> credited against the public school impact fee due if the conveyance or construction meets the same <br /> needs as the public school impact fee in providing new public school facilities. If the landowner elects <br /> to receive credit against the amount of the public school impact fee due for such conveyance or <br /> construction, the landowner shall, prior to the agreement to convey land for or construct new public <br /> school facilities, or the conveyance of land for or construction of new school facilities, enter into a fee <br /> agreement with the County. The fee agreement shall provide for the establishment of credits and <br /> payment of the fee in a specified manner and time, and shall, upon its execution by the landowner <br /> and the County, be binding upon the heirs and assigns of the landowner. <br /> (b) The value of land conveyed or facilities constructed by a landowner and accepted by the County, <br /> municipality or school board for purposes of this Section shall be determined by an appraisal based <br /> on the fair market value of the land or facilities as established by the County. Construction shall be in <br /> accordance with applicable County, municipal, school board, and State standards. Any land <br /> conveyed for credit under this Section shall be conveyed no later than the time at which public <br /> school impact fees are required to be paid. The portion of the public school impact fee represented <br /> by a credit for construction shall be deemed paid when the construction is completed and accepted <br /> for maintenance or when adequate security for the completion of the construction has been provided. <br /> Sec. 30-37. -Penalties. <br /> Page 5 <br />