<div class="chunk-title">Sec. 19-21. - Imposition.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               Except as provided hereafter and except to the extent exempted by general or local
               law, all new residential construction occurring within the incorporated and unincorporated
               areas of the county shall be subject to the provisions of this chapter and the imposition
               of school impact fees.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               Upon this chapter becoming effective, all new residential construction occurring within
               the county shall pay the following school impact fee according to the following school
               impact fee schedule:
               </p>
            		
            <p class="b2">
               Single-family detached house including manufactured homes $2,000.00 per dwelling unit.
               </p>
            <p class="b2">
               All other new residential construction (including multi-family dwelling units) $1,155.00
               per dwelling unit.
               </p>
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               The school impact fee shall be assessed at the time an application for a building
               permit is submitted. The school impact fee shall be paid prior to the issuance of
               a certificate of occupancy. Where a certificate of occupancy is not required the school
               impact fee shall be paid prior to final inspection.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Exemptions.</span> An exemption must be claimed by the applicant or it shall be waived. Payment of the
               school impact fee shall not apply to the following situations if the applicant clearly
               demonstrates with competent substantial evidence to the administrator one of the following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               New residential construction for which a completed application for building permit
               has been submitted to the administrator prior to the effective date of this chapter.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Facilities provided by the federal government, the State of North Carolina, the county,
               the cities, or any subdivision or agency thereof shall be exempt from this chapter.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Other uses.</span> No school impact fee shall be imposed on a use, development, project, structure,
               building, fence, sign, public or private utility, or other nonresidential construction
               activity that cannot result in an increase in the demand for school facilities. An
               applicant who requests an exemption pursuant to this subsection for an activity not
               specifically enumerated herein shall request a determination from the administrator
               that the activity does not result in an increase in a demand generator for school
               facilities. An applicant may appeal such a determination pursuant to <a href="" data-chunk-id="COOR_CH19SCIMFE_ARTIIIPRIMCACOSCIMFE_S19-36AP" class="section-link" data-product-id="12650">section 19-36</a>.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               <span class="ital">Alterations or expansions.</span> No school impact fee shall be imposed for alterations or expansions of a dwelling
               unit that exists on the effective date of this chapter where no additional dwelling
               units are created. However, where an alteration or expansion will create an additional
               dwelling unit, a school impact fee equivalent to the difference between the school
               impact fee amount for the existing use and the new use shall be due for each additional
               dwelling unit pursuant to the school impact fee schedule in place at the time of the
               change in circumstances.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               <span class="ital">Accessory buildings.</span> No school impact fee shall be imposed for construction of accessory buildings or
               structures that cannot create additional dwelling units.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               <span class="ital">Replacement of dwelling unit.</span> No school impact fee shall be imposed for the replacement of a dwelling unit, in
               whole or in part, as long as the owner can demonstrate that the same use existed at
               the time that this school impact fee chapter became effective. However, where a replacement
               will create a greater student demand generator, as defined in the school impact fee
               study, a school impact fee equivalent to the difference shall be due for the resulting
               dwelling unit pursuant to the school impact fee schedule in place at the time of the
               change in circumstances.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               <span class="ital">Manufactured homes.</span> No school impact fee shall be imposed for the issuance of a manufactured home permit
               for a manufactured home where the applicant is able to demonstrate to the administrator
               that a school impact fee has previously been paid for the lot upon which the manufactured
               home is to be situated.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Waivers.</span> School impact fees on new residential construction within communities and subdivisions
               providing housing for persons who are 55 years of age or older may be waived. New
               residential construction within communities and subdivisions meeting the requirements
               of 42 U.S.C. Â§ 3607 will not be presumed to be waived from paying the school impact
               fee. For the school impact fee to be waived the following is required:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The county shall be informed at the time of platting that such community or subdivision
               is intended to provide housing for persons who are 55 years of age or older. Where
               platting has occurred prior to the effective date of this chapter, the county shall
               be informed at the time of the application for a building permit that the new residential
               construction for which the building permit is requested is intend to provide housing
               for persons who are 55 years of age or older; and
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Prior to the issuance of a certificate of occupancy or, where a certificate of occupancy
               is not required, prior to final inspection, a restrictive covenant limiting the use
               of the property by providing that no one under the age of 21 is permitted to permanently
               reside on the property shall be filed with the deed on the parcel for which the school
               impact fee waiver is sought; and
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Prior to the issuance of a certificate of occupancy, or where a certificate of Occupancy
               is not required, prior to final inspection, a copy of the recorded restrictive covenant
               shall be produced to the county in lieu of payment of the school impact fee. However,
               where a breach or dissolution of such restrictive covenant occurs, a school impact
               fee shall be due pursuant to the school impact fee schedule in place at the time of
               the change in circumstances.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               Effect of payment of school impact fees on other applicable county land development
               regulations:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The payment of school impact fees shall not entitle the applicant to a building permit,
               certificate of occupancy, or a final inspection as such other requirements, standards
               and conditions are independent of the requirements for payment of a school impact
               fee.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Neither these procedures nor this chapter shall affect, in any manner, the permissible
               use of property, density/intensity of development, design and improvement standards
               or other applicable standards or requirements of the Durham County Comprehensive Plan,
               the Durham County Zoning Ordinance, or the Durham County Code of Ordinances which
               shall be operative and remain in full force and effect without limitation.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               Any new residential construction which is determined to be waived from the payment
               of school impact fees but which, as a result of a change in circumstances, produces
               a dwelling unit not exempt nor entitled to a waiver pursuant to subsections (d) or
               (e) hereto, shall pay the school impact fee imposed by subsection (a) according to
               the impact fee schedule in effect at such time as the change in circumstances occurs.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               It shall be the policy of the board that no more than one-half of the amount necessary
               to defray all of the costs of the school facilities required to accommodate the impact
               to the school system of new residential construction shall be generated from impact
               fees imposed by this chapter.
               </p>
            		
            <p class="historynote0">
               (Ord. of 9-8-03(1), Â§ 1)
               </p></div>