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9 <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 /> (a) In addition to any other remedy allowed by N.C. General Statute 153A-123, the failure to pay a public <br /> school impact fee is hereby declared to subject the person responsible for payment of the public <br /> school impact fee to a civil penalty. The amount of the penalty shall be equal to the amount of the <br /> unpaid school impact fee, plus an interest charge of one-half percent (1/2%) per month compounded <br /> monthly and a service charge of one hundred dollars ($100.00). <br /> (b) The County may assess this penalty against the landowner whereon new construction has occurred <br /> without payment of the public school impact fee. However, no service charge will be assessed when <br /> the County staff has made an error in the fee determination. Furthermore, no penalty shall be <br /> assessed until the person or persons alleged to be in violation are served by registered mail, certified <br /> mail - return receipt requested, or personal service with notice to pay. <br /> (c) The County Attorney is hereby authorized to institute a civil action in the name of Orange County in <br /> the appropriate division of the General Court of Justice in Orange County for recovery of the penalty. <br /> All moneys recovered shall be deposited in the appropriate trust fund. <br /> Sec. 30-38. - Legal status provisions. <br /> (a) All ordinances and clauses in conflict herewith are hereby repealed to the extent of said conflict. If <br /> any clause or Section of this Ordinance or application thereof to any person or circumstance is held <br /> invalid, such invalidity shall not affect other provisions or application of this ordinance which can be <br /> given separate effect, and, to this end, the provisions of this Ordinance are declared to be severable. <br /> (b) This Ordinance shall not diminish any prior contractual, conditional zoning, or special or conditional <br /> use district zoning obligation to pay for or install road, park or other improvements required by <br /> Orange County or a municipality located therein, nor shall the fulfillment of those obligations diminish <br /> any applicable public school impact fee owed to the County. This Ordinance shall not diminish any <br /> prior obligation of the County or a municipality located therein to reimburse persons for road, parks <br /> or other improvements, nor shall the fulfillment of those obligations by the County or a municipality <br /> diminish any applicable credit owed to the feepayer. <br /> Secs. 30-39-30-70. -Appeal to the Orange County Board of Adjustment [Reserved]. <br /> Sec. 30-80. - Effective date. <br /> This Ordinance shall be effective from and after the 1st day of July, 1993. This Ordinance shall only <br /> apply to residential dwelling units for which building permits are issued on and after the effective date of <br /> the Ordinance or any amendment thereto. <br /> Page 6 <br />