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The Orange County ordinance requires that school impact fee funds be <br />expended within five years of their collection. That time period coincides with <br />the planning period selected for analysis, as reflected in the public facilities <br />capital improvements program. The most common deadlines established in <br />state enabling statutes for the expenditu~'e of impact fee funds require funds to <br />be encumbered or expended within five or six years after collection, the period <br />of the typical local capital improvement plan, or the period of the plan plus the <br />current budget year.s9 Some of the local acts authorizing North Carolina local <br />governments to adopt impact fees for purposes other than schools include no <br />requirement that fees be expended within a certain period after collection. <br />However, several require that if the local governmental unit imposing the fee <br />will also be constructing or purchasing the public facility, the fees must be spent <br />within six years after collection. If the facilities are provided in conjunction with <br />other units of government (for example, state road improvements provided in <br />conjunction with the North Carolina Department of Transportation), then the <br />fees are allowed to be expended up to ten years after collection,eD <br /> <br /> An important question is to whom refunds of impact fees are to be paid. If <br />impact fees are shifted by developers and builders to new home purchasers <br /> <br /> 59. See, e.g., VT. STAT. ANN. tit. 24, § 5203(e) (Supp. 1991) (expend within six years of <br /> collection); WASH. REV. CODE ANN. § 82.02.080 (West Supp. 1994) (encumber or expend within <br /> six years); HAW. REV. STAT. § 46-144 (Supp. 1992) (spend within six years), <br /> <br /> 60. 1985 N. C. Sess. Laws ch. 498, § 2 (Raleigh road, open space, and drainage project fees); <br /> <br />1989 N.C. Sess. Laws ch. 430, § 2 (Knightdale road, open space, and drainage project fees); <br />1987 N.C. Sess. Laws ch. 988, § 1, amending 1985 N.C. Sess. Laws ch. 536, § I (Kill Devil Hills, <br />Manteo, Nags Head, Kitly Hawk, and Southern Shores facility fees for a wide range of types of <br /> <br />capital improvements). 56 <br /> <br />51 <br /> <br /> <br />