§ 10-277. Rebate of fees paid.

(a)

Any funds not expended by the end of the calendar quarter immediately following seven (7) years from the date on which the impact fee was paid may be returned to the feepayer with interest at the rate earned in the impact fee ordinance trust fund.

(b)

The board may, by resolution, extend for up to three (3) years the date at which the funds may be rebated. Such an extension shall be made upon a finding that within the three-year period, improvements are scheduled to be constructed that are reasonably attributable to the feepayer's land development activity and that the fees for which the time of rebate is extended shall be spent for those capital improvements.

(c)

For purposes of computation of time and expenditure of collected fees, the first fees collected shall be deemed the first fees spent. For purposes of this section, funds shall be considered expended when contracts(s) have been awarded by the county committing the funds or when the funds have actually been spent, whichever is earlier. Rebates shall be made only in accordance with the following procedures:

(1)

To qualify for a rebate, the feepayer or his successor in interest must submit a petition for a rebate within one hundred eighty (180) days of the time identified in subsection (a) above.

(2)

The petition for rebate shall be submitted to the county administrator or his designee and shall contain:

a.

A notarized sworn statement that the petitioner is the then current owner of the property on behalf of which the impact fee was paid;

b.

A copy of the dated receipt issued for payment of such fee, or such other record as would indicate payment of such fee;

c.

A certified copy of the latest recorded deed; and

d.

A copy of the most recent ad valorem tax bill.

(3)

The county administrator or his designee shall review the rebate application within thirty (30) days from the date of its receipt and determine whether an impact fee rebate is appropriate. If rebate is determined not to be appropriate, the applicant will be notified in writing.

(4)

Any impact fee collected shall be rebated to the feepayer or his successor in interest if the fees have not been spent or encumbered prior to the time identified in subsection 10-277(a) above. Impact fees collected shall be deemed to be spent or encumbered on the basis that the first fee collected shall be the first fee spent.

(5)

Any application submitted after the one hundred eighty-day period provided in subsection 10-277(c) shall not be accepted and the applicant shall have no further right to a rebate of impact fees. The impact fee rebate shall be made to the applicant within sixty (60) days of such determination of appropriateness as indicated in subsection 10-277(c)(3).

(Ord. No. 15-14, § 1, 9-1-2015)