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DRAFT <br />01/02/03 <br />(UNEDITED) <br /> <br /> 4. A statement of the reasons why the hearing is requested and supported by <br />documentation and exhibits as to why the School Impact Fee should not be paid. <br /> <br /> F. Upon receipt of such request, the Administrator shall schedule an appeal hearing before the <br />Board at a regularly scheduled meeting or a special meeting called for the purpose of conducting such <br />hearing and shall provide the Applicant written notice of the time and place of the hearing. The Administrator <br />shall also notify the School Board, being an interested party, of any such appeal hearings. The appeal hearing <br />shall be held within forty-five (45) days of the date that the request for such hearing was properly filed. <br /> <br /> G. Such hearing shall be conducted in a manner designed to obtain all information and evidence <br />relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable; <br />however, the appeal hearing shall be conducted in a fair and impartial manner with each interested party <br />having an opportunity to be heard and to present information and evidence. The Board shall make the final <br />determination. A determination shall be in writing and issued within thirty (30) days of the hearing. <br /> <br />Secs. 7.37- 7.40. Reserved. <br /> <br /> ARTICLE IV - ESTABLISHMENT OF SCHOOL IMPACT FEE FUND, <br />APPROPRIATION OF IMPACT FEE FUND, AND REFUNDS <br /> <br />Sec. 7.41. School Impact Fee Fund. <br /> <br /> The County shall establish a School Impact Fee Fund for School Impact Fees. Such Fund shall <br />clearly be identified as monies collected as School Impact Fees. All School Impact Fees collected by the <br />County shall be deposited into the School Impact Fee Fund. <br /> <br />Sec. 7.42. Appropriation of School Impact Fee Funds. <br /> <br /> A. In General. School Impact Fees shall be appropriated for School Facilities necessitated by <br />new Residential Construction and for the payment-of principal, interest and other financing costs on <br />contracts, bonds, notes or other obligations issued by or on behalf of the County or the School Board to <br />finance such School Facilities. <br /> <br /> B. School Impact Fees shall, upon receipt by the County, be deposited into the School Impact <br />Fee Fund. The School Impact Fees shall remain in the Fund until transferred to the School Board or <br />expended by the County pursuant to this section. <br /> <br /> C. The monies transferred from the School Impact Fee Fund shall be used solely to provide <br />School Facilities which are necessitated by new Residential Construction, consistent with and as set forth in <br />subsection D, below, and shall not be used 'for any expenditure that would be classified as an operating <br />expense, routine maintenance, or repair expense. The Administrator shall establish and implement necessary <br />accounting controls to ensure that all School Impact Fees <br /> <br />H-3 <br /> <br /> <br />