Agenda - 05-26-1992 - Laserfiche WebLink

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' SUbMit the imp-1ct fee alon- with the per mit 1111 lication. and that building permits i•�hall not bC issued until the impact fee has been paid. (h) Refunds. If this section or any ordinance adopted thereunder is declared to be ' uneonstitulior,al or otherwise invaitd, then any impact fees Collected shall be refunded to the person paying then touether with interest at the rate established under G.S. 105 - 241.1, helm the came rate paid by the Secretary of Revenue on ' refunds for tax Overpoymcntc. (i) Limitations 0n Actions. (1) Any action contesting the validity of an ordinance adopted as herein provicicd must be commenced not later than nine months ' after the effective date of such ordinance. (2) Any action sucking to recover an impact fee must be commenced not Inter than nine months Lifter the impact fee is paid," ' Sec. 17.1. Section 17 of this act shall npply only to orange County, and applies only µithin the pinnning jurisJ1ct1on of Orange County. See. 1S. G.S. 153A -340 is amencled by identifying the existing provisions as subsection (a) and by adding,: new subsections to read: "(L,) Impact Fees AulhoriLCd. (1) Orange County m,iy provide by Ordinance for a system of impact fC-S to bU paid by dcv-.lopurs to help defray the COSLS to the ' County of constructing certain capital improvements, the need for which -is creatcd in substantial part by the new development that lakes place within the County. ' (2) For purposts of this subsection, the tern; capital iMprO%'CMenis includcs the acquisition- of land for open space and (,re-_n,_vzys, capital improvements to public streets, schools. bricicts. sidewalks, ' bikeways, on and off street surface U'21.er drainage ditches, pines, cuivcrts, other drainage facilities, water and sewer facilities and public recrention facilities. (1) An ordinancc ncloplcd under this Subsection may be -.,ode anuiiCablc to all JC Llohmcnl that occurs within the County. (C) Amount of Fees. In establishing the amount of any imput fee, the County shall endeavor. to approach the ohjcctivc of having cvery development contribulC to a ' capital improvemems fund an amount of revenue that bears a reasonable relationship to that devcaopment's fair share of the costs of the capital improvements that are needed in fart because of 01.1t devclof+mcnt. In fulfilling this objective, the County shall, among other steps and aCliUr,S: ' (1) Z:stimatc the total COSt Of imt)rO%'tMznts by cat -gory (e.c., str eets, side��alla, cira1n01•c eLC.) that will bt needed to provide in a r•casor,ablc manner for Lhu pttbliC hcalth, 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 estimnit tht* %costs of - ndcded improvements within each disc- ri.Ct. Then` estir,:atcs s" r,all be periodically reviewed and updattLi and the planning period used cony be changed from time ' to time. - (_') Establish a purCCntage o, the total casts of each category o; : - improvemunt that, in keeping with -the* objective set forth above, should fairly he borne by those payin- the impa-ct1ee. ' (3) Ystabli•h a'formt.tla that fairly and objectively apportions- the total COSLS tl ;;st are to be borne by those pavir,g',irnpact fees among �. various types of develOnmcnts. By way of illustration w ithQUt ' limitation: ' A -3 .. House Bill ; � 7