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DRAFT 5 -14 -92 /REVISED 5 -21 -92 <br />determines that areas of new construction are not being benefitted, then <br />it shall readjust the capital improvements program to correct this <br />condition. If, after review of the methods and data used to calculate <br />the Schedule of Public School Impact Fees, the Board of County <br />Commissioners determines that adjustments are required in the Schedule, <br />then it shall direct the County Manager and his staff to prepare a <br />report which outlines recommended changes for its consideration. <br />SECTION 6 - CREDITS <br />Any conveyance of land or construction of new school facilities <br />received and accepted by Orange County, a municipality located in Orange <br />County, and /or the Orange County or Chapel Hill- Carrboro School Board <br />from a developer shall be credited against the public school impact fee <br />due if the conveyance or construction meets the same needs as the public <br />school impact fee in providing new public school facilities. If the <br />developer wishes to receive credit against the amount of the public <br />school impact fee due for -such conveyance or construction, the developer <br />shall enter into a fee agreement with the County. The fee agreement <br />shall provide for the establishment of credits and payment of the fee in <br />a specified manner and time. <br />The value of land conveyed or facilities constructed by a developer <br />and accepted by the County, municipality or school board for purposes of <br />this section shall be determined by an appraisal based on the fair <br />market value of the land or facilities as established by the County. <br />Construction shall be in accordance with applicable County, municipal, <br />school board, and /or State standards. Any land awarded credit under this <br />section shall be conveyed no later than the time at which public school <br />impact fees are required to be paid. The portion of the public school <br />impact fee represented by a credit for construction shall be deemed paid <br />when the construction is completed and accepted for maintenance or when <br />adequate security for the completion of the construction has been <br />provided. <br />SECTION 7 - PENALTIES <br />In addition to any other remedy allowed by N.C. General Statute <br />153A -123, the failure to pay a public school impact fee is hereby <br />declared to be a civil penalty. The amount of the penalty shall be equal <br />to the amount of the unpaid impact fee, plus an interest charge of one - <br />half percent (1/2 %) per month compounded monthly and a service charge of <br />one hundred dollars ($100.00). <br />The County may assess this penalty against the land owner whereon <br />new construction has occurred without payment of the public school <br />impact fee. However, no service charge will be assessed when the County <br />