Unified Development Ordinance, 5th supplement, March 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 8 – 45 Effective Date: March 6, 2018 Supp. No. 5 Article 8.9. ​​Facility Fees | CHAPTER 8. ​SUBDIVISION & SITE PLAN STANDARDS Sec. 8.9.5. Penalties 6. The report shall show where fees have been collected and what projects have been constructed or reimbursed with fee monies. 7. The City Council shall review this report and consider whether within each benefit area fees are being spent so that no area of new construction is not being benefited by the fees. 8. If the City Council determines that areas of new construction within benefit areas are not being benefited, then it shall readjust capital improvements program to correct this condition. 9. Funds shall be expended in the order in which they were collected. But in no event shall funds not be expended within 6 years after their collection except when the City, in conjunction with any other unit of government, provides the facility; in such cases, the funds must be expended within 10 years after their collection. C. Disbursal of Funds Funds withdrawn from these trust accounts must be used solely in accordance with the provisions of this UDO. The disbursal of funds require the approval of the City Council upon recommendation of the City Manager. D. Interest on Funds 1. Any funds on deposit not immediately necessary for expenditure shall be invested as allowed in N.C. Gen. Stat. §159-30 for other public monies. 2. All income derived shall be deposited in the applicable trust account. E. Return of Fees 1. If the development for which the fees were paid was never begun or if begun, the property is restored to an undeveloped state, a reimbursement will be allowed within 7 months following the issuance of a building permit provided such permit is surrendered to the City or within 7 months following the payment of the facility fee in the case when no building permit is required. 2. Any funds not expended within the time limits established in Sec. 8.9.4.B.9. above shall be returned to the feepayor or the landowner if the address of the feepayor provided to the City is not current with interest at the rate of 6% per annum. 3. A refund of permit fees is allowed for shell permits if it is determined during review of the “fit-up” permits, the uses have changed to a use with a lower fee then a refund is owed. Sec. 8.9.5. Penalties A. In addition to any other remedy allowed by N.C. Gen. Stat. §160A-175, the failure to pay a facility fee is a civil penalty. B. The amount of the penalty shall equal the amount of the unpaid facility fee, plus an interest charge of ½% per month compounded monthly and a service charge of $100. C. The City may assess the penalty against the developer or the landowner where new construction has occurred without payment of a facility fee; but no service charge will be assessed when City staff has made an error in the fee calculations. D. No penalty shall be assessed until the person or persons alleged to be in violation are served by registered mail, certified mail—return receipt requested or personal service with notice to pay. E. The City Attorney is authorized to institute a civil action in the name of the City, in the appropriate division of the general court of justice inWake County for recovery of the penalty. F. All monies recovered shall be deposited in the appropriate trust fund.