§ 23-184. Return of funds.

The impact fees collected pursuant to this article shall be returned to the then-present owner of the development if the impact fees have not been encumbered or spent by the end of the calendar quarter immediately following six (6) years from the date the impact fees were received, or if the development for which the impact fees were paid was never begun, in accordance with the following procedure:

(a)

The then-present owner must petition the board of county commissioners for the refund within one (1) year following the end of the calendar quarter immediately following six (6) years from the date on which the impact fee was received.

(b)

The petition shall be submitted to the county, and shall contain:

(1)

A notarized sworn statement that the petitioner is the current owner of the property;

(2)

A copy of the dated receipt issued for payment of the impact fee;

(3)

A certified copy of the latest recorded deed; and

(4)

A copy of the most recent ad valorem tax bill.

(c)

Within sixty (60) days from the date of receipt of a petition for refund, the county shall advise the petitioner and the board of county commissioners of the status of the impact fee requested for refund. For purposes of determining whether impact fees have been spent or encumbered, the first money placed in the trust fund account shall be deemed to be the first money taken out of that account when withdrawals have been made in accordance with section 23-181.

(d)

When the money requested is still in the trust fund account and has not been spent or encumbered by the end of the calendar quarter immediately following six (6) years from the date the fees were paid, the money shall be returned without interest, unless the county earned interest on the funds.

(Ord. No. 2006-03 , § 1, 2-7-06; Ord. No. 2018-03 , § 1, 1-9-18)