Agenda - 08-20-1991 - Laserfiche WebLink

Browse Search

15 w. dIStrle.'t. These estimates shall he perioJically revic%ked :[nil updated anJ the planning period used may be Changed from time to Lillie. (2) Establish a percentate of the total casts of C.1,11 cateoory of improvement that, in keeping v.ith the objccti\e set IfOrtlt A)u\c, Should fairly he hornc h\' tho�c p:,y ing lhv impact fcc:_ (3) Establish .► l'ornlula that fairly and objectively apportions the: total costs that arc to he borne by those paying impact fees among various types of develupnlenLS. By \way of illustration \\ ithout 11111itatloll: a. In the case of street inlprovenitnts, the impact fee may he related to the nunlhcr of trips per day gener.itcd by different tyrpes of uses .1CCOrding to recogmizecl estinlalGS, L). In the case of drnillagc inlprovenlents, 1110 impact fee may he related to the size of a devclopmcnt, the ;►mount of 111,1])CI'viollS Surface the L avelopnicrit has, or other factors that bear a }loll the decree to wbit:h a de clopinent contribLltes IO the Ileed for CII'aII1:l9C llllpI,Q \GI11C11[:; I'MIC'IC at pUWIC CXl)c:llse. (d) Capital Improvenlcnls I:Cscrvc Funds: Expcnditures. (1) Inlp:ict fees I'GCCIvcd by the County shall he deposited in a C.Ipital i III provcnlunt, rGser\e fund or funds established under Ch.iptcr 159 of the General Statutes, Article 3, Fart 2. SuCh funds n1.Iv be eXpendCd only on the ivpe of capital IniI)ro\'CrllentS for \•.'hill Such illlpact fees \\ere established, and then only in 3ccorclancc with the provision of Subsection (2) of this section. (2) In order to ensure: that imp:,Ct fees paid by a particular dcve)ol)Il cm are expended on capital inlpr0venlc:nt, th.a benefit that dcvclopmGnt, the County ni.,ty estahli:h for each Catcenry of capital improvement for \which it cullccts ,III impact fee at least two tcoor:iphical districts or zones, and impact IGCs oencratccl by Lleveloplllc►lts within those districts Or zones must be spent on Improvements that are located within or that bencfiL property located those districts or zones. (e) Credits for Inlpro\ erl)ents. An in1p ;IC1 fee 01'dinanCC shall make pruviS10,1 for credits against rccluirCLI fees Mien :1 developer installs 1r11prDyL111el1ts of a type that generally would be paid for by the County out Of a capital re:Serve aCCDLI11t fu11CICc1 h'T Impact fees. The ordinalle:G 11MV SI -,ell out the CirC1:111�L:111CCS Under which ;1 rlGVClc�pc r will be allowed to lnst.ill such improvements and rCCCI\'C such credits. (1) Appeals Procedure. Ali ordinance authorizing imp:let feces aj prC)z.•ide:.l h.:rcln may provide that any person :1gGrievCd by a decision regarding .I:1 ir111%.1c:[ e-c. may appeal to the Orange County Board of Adjustment. if the orur:w:«C e;tubiisne5 all appeals procedure, it shall spell out the.. time within which the appeal must bC taken to. the board Of ULIjUstlllent, the possible grounds for an app=.11 and the board's authority in the matter, whether. the fee must be paid prior to resolution of the appeal, and other procedural or substantive matters related to appeals. Any decision by the board of adjustment shall be subject to, review by the. superior court by proceedings in the nature of ceriia:-.ari in the��sal' a manner as is' provided in G.S. 153A -313. (g) Payment of Impact Fccs. An ordinance authorizing irllpaCt feCS as LCrein provided shall spell Out when in the process of 'd vclopnlent :approval and construction impact fees shall be paid and by whom. By . %fay of i}luatr;ttiClI will-laut limitation, the ordinance play provide. that an applicant' fora building permit shall