§ 23-142. Payment.

(a)

Except as otherwise provided in this article, prior to the issuance of a building permit for multi-family residential (with the exception of duplexes) or townhouse construction, an applicant shall pay the school impact fee as set forth in section 23-141, Orange County Code. However, for single-family detached homes or duplexes, the applicant may elect to pay the applicable fee no later than immediately prior to the issuance of the certificate of occupancy.

(1)

If the residential construction is located within the unincorporated area of the county, or within the municipal boundaries of a city in which the county has taken responsibility for the issuance of building permits, the school impact fee shall be paid to and collected by the county.

(2)

If the residential construction is located within the municipal boundaries of a city, the school impact fee shall be paid to and collected by that city.

(b)

Any school impact fee collected by the county or by a city shall be held by them separate and distinct from all other revenues and shall be transferred at least quarterly to the school board for deposit in the school impact fee trust account.

(c)

The payment of the school impact fee shall be in addition to all other fees, charges or assessments due for the issuance of a building permit and the subsequent certificate of occupancy.

(d)

The obligation of payment of the school impact fee shall run with the land.

(e)

The impact from the development shall be calculated at the time of issuance of the building permit. If the applicant for a single-family or duplex home elects to pay the applicable impact fee after the issuance of the building permit, but no later than prior to the issuance of the certificate of occupancy, the impact fee due shall be calculated to be the fee due on the day of issuance of the building permit.

(Ord. No. 92-28, § 2.02, 9-22-92; Ord. No. 99-02, § 11, 1-26-99; Ord. No. 2005-03 , § 2, 3-8-05; Ord. No. 2011-05 , § 2, 6-7-1; Ord. No. 2016-08 , § 2, 5-10-161)