Agenda - 08-20-1991 - Laserfiche WebLink

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submit the impact fee along with the permit apl1lication and that building permits •shall not be issued until the impact fee has been paid. (h) Refunds. If this section or any ordinance adopted thereunder is declared to be unconstitutional or otherwise invalid, then any impact fees collected shall be refunded to the person paying them together with interest at the rate established under G.S. 105 - 241.1, being the same rate paid by the Secretary of Revcnue on refunds for tax overpayments. (i) Limitations on Actions,. (1) Any action contesting the validity of an ordinance adopted as herein provided must be commenced not later than nine months after tilt: effective date of such ordinance. (2) Any action seeking to recover an iml)act fee must be commenced not later than nine months after the impact fee is paid." Sec. 17.1. Section 17 of this act shall apply only to Orange County, and applies only within the planning jurisdiction of Orange County. Sec. 13. G.S. 153A -340 is amended by identifying the existing provisions as subsection (a) and by adding new subsections to read: "(b) Impact Fees Authorized. (l) Orange Count- may provide by ordinance for -a system of impact fees to be paid by dc\-elopers to help defray the costs to the County of constructing certain capital improvements, the need for which is created in substantial part by the new development that takes place within the County. (2) For purposes of this subsection. the term capital improvements includes the acquisition- of land for open space and greenways, capital improvements to public streets, schools, bridges. sidewalks, bikev.-ays, on and off street surface water drainage ditches, pipes, culverts, other drainage facilities, water and sewer facilities and public recreation facilities. (3) An ordinance adopted under this subsection may be made ahplicublc to all development that occurs within the County. (c) Amount of Fees,. In est .1blishing the amount of anv impact fee, the County shall endeavor to approach the objective of having every development contribute to a capital improvements fund an amount of revenue that bears a reasonable relationship to that development's fair share of the costs of the capital improvements that are needed in part because of that dcvcloprnent. In fulfilling this objective, the County shall, among other steps and actions: (1) Estimate tiie total cost of improvements by category (e.g., streets, sidewalks, drainage ways, etc.) that will be needed to provide in a reasonable manner for the public health, safety and welfare of persons residing within the County during a reasonable planning period not to exceed 20 years. The Board of County Commissioners may divide the' County into two or more districts and estimate the'- .costs of •nereded improvements within each district. These estimates shall be periodically reviewed and updated and the planning period used may be changed from time to time. (2) Establish a percentage of the total costs of each category of improvement that, in keeping with -the objective set forth above, should fairly he borne by those paying the impact fee. (3) Establish a formt.tl:t that fairly and objectively apportions. the total costs that are to be borne by those paying impact fees among various types of developments. By way of illustration without limitation: House Bill ;17 16