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APPENDIX <br />pRA~ SCHOOL. IMPACT FEES: Cw,Pn. Hiu-Cn~ORO Ctrr SCHOOLS <br />Orange County, North Carolina <br />geographical districts or zones, and impact fees generated by developments within <br />those districts or zones must be spent on improvements that are located within or that <br />benefit property located within those districts or zones. <br />(e) Credits for Improvements. An impact fee ordinance shall make provision for credits against <br />required fees when a developer installs improvements of a type that generally would be paid for by the <br />County out of a capital reserve account funded by impact fees. The ordinance may spell out the <br />circumstances under which a developer will be allowed to install such improvements and receive such <br />credits. <br />(f) Appeals Procedure. An ordinance authorizing impact fees as provided herein may provide <br />that any person aggrieved by a decision regarding an impact fee may appeal to the Orange County Board <br />of Adjustment. If the ordinance establishes an appeals procedure, it shall spell out the time within which <br />the appeal must be taken 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 appeal, and other <br />procedural or substantive matters related to appeals. Any decision by the board of adjustment shall be <br />subject to review by the superior court by proceedings in the nature of certiorari in the same manner as is <br />provided in G.S. 153A-345. <br />(g) Payment of Impact Fees. An ordinance authorizing impact fees as herein provided shall spell <br />out when. in the process of development approval and construction impact fees shall be paid and by <br />whom. By way of illustration without limitation, the ordinance may provide that an applicant for a <br />building permit shall 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 this section or any ordinance adopted thereunder is declared to be unconstitutional <br />or otherwise invalid, then any impact fees collected shall be refunded to the person paying them together <br />with interest at the rate established under G.S. 105-241.1, being the same rate paid by the Secretary of <br />Revenue on refunds for tax overpayments. <br />(i) Limitations on Actions. <br />. (1) Any action contesting the validity of an ordinance adopted as herein provided must be <br />commenced not later than nine months after the effective date of such ordinance. <br />(2) Any action seeking to recover an impact fee must be commenced not later than nine <br />months after the impact fee is paid." <br />Sec. 18.1. Section 18 of this act shall apply only to Orange County, and applies only within <br />the planning jurisdiction of Orange County. <br />In the General Assembly read three times and ratified this the 23rd day of June, 19$7. <br />Tischler~[se A-2o <br />Fha~,[ minriic&.PlinninRfemuii~nti~ <br />