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17 <br />- <br />a. In the case of street improvements, the impact fee may be <br />related to the number of trips per clay generated by different <br />type, of uses aCCOrding to reCognizcd estimates; <br />b. in the case of drainage improvements, the impact fee nta) <br />he related to tilt; size of a development, the .►mount of <br />impCryious surface the development has, or other fLIc101's <br />that bear upon the degree to which a devclopment <br />contributes to the need for drainage improvements made at <br />public expense. <br />(d) Capital Improvements Reserve Funds: Expenditures.. <br />(1) Impact fees received by the County shall be deposited in a capital <br />improvements reserve fund or funds established under Chapter 159 <br />of the General Statutes, Article 3, Part 2. Such funds may be <br />expended only on the type of capital improvements for w-hich such <br />impact fees were established, and then only in accordance with the: <br />provision of subsection (2) of this section. <br />(2) In order to ensure that impact fees paid by a particular <br />development are expended on Capital improvements ilia[ benefit <br />that dCVCloprttent, the County may establish for Cacti category of <br />capital improvement for v�hich it colic Cts an impact fee at least t-wo <br />geographical districts or zone,, and impact fees gcncrated by <br />developments within those districts or zones must be spCnt on <br />improvements that arc located within or that benefit property <br />locaLC(l Within those districts or zones. <br />(e) Credits for Improvements. An impact fee ordinance shall make provision for <br />credits against reduirccl fees w-hen a developer installs improvements of a type th,►t <br />generally would be paid for by the County out of a capital reserve account funded by <br />impact fees. The.ordinance may spell out the circumstances under which a developer <br />will be allowed 10 install such improvements and receive sucil credits. <br />(f) Appeals Pro(:eclurc. An ordinance authorizing impact fees as provided herein <br />may provide that any person aggrieved by a decision regarding an impact lee ilia), <br />appeal to the Prange County Board of Adjustment. if the ordinance establishes an <br />appeals procedure, it shall spell out the time within which the appeal must be taken <br />to the board of adjustment, the possible grounds for an appeal and the board's <br />authority in the matter, whether the fee must be paid prior to resolution of the <br />appeal, and other procedur:ll or substantive matters related to appeals. Any decision <br />by the board of adjustment shall be subject to review by the superior court by <br />proceedings in the nature Of certiorari in the s.eme manner as is provided in G.S. <br />1S3A -345. <br />(g) Payment of Impact Fees, An ordinance authorizing impact fccs as herein <br />provided shall spell - Out when in the process of dev.elopmcnt approval and <br />construction impact fees shall be paid and by whom. By way of illustration without <br />limitation, the ordinance may provide that an applicant for a building permit shall <br />submit the impact fee along with the permit application and that building permits <br />shall not be issued until the! impact fee has been paid. <br />(h) Refunds. If Ellis section or any ordinance adopted thereunder is decl<<red to be <br />unconstitutional or otherwise invalid, then any _ impact fees collected shall be. <br />refunded to the person paying them together with-..interest at the rate established <br />under G.S. 105- 241.1, being the same rate paid by the Secretary of -Reverltre -_on <br />refunds for tax overpayments. Y. <br />(i) Limitations on Actions. <br />(1) Any action contesting the validity. of an ordinance adopted as <br />herein provided must be commenced not later than nine months <br />after the effective date of such ordinance::.. <br />House Bill 917 <br />