§ 33I-12. Refund of impact fees paid.

(a)

If a building permit encompassing feepaying development expires or is revoked, if an error in the impact fee calculation is discovered, or if the feepayer has paid impact fees in excess of the amount determined by an approved independent fee computation study completed in accordance with conditions set forth in Section 33I-9, then the feepayer may request from the County Planning and Zoning Director a refund of the impact fee paid or the appropriate portion thereof. However, the County shall retain any convenience fees and the general administrative cost portion of the fee to cover the cost of the administration of the impact fee calculation, collection and refund. The feepayer must submit an application for such refund to the Zoning Director within thirty (30) days of notification of any of the enumerated circumstances. No refund shall be provided for impact fees deemed expended pursuant to Section 33I-11(c) if no timely claim was made. Funds shall be deemed expended for the purposes of this chapter when a contract or agreement encumbering all or a portion of the payment of said funds shall be approved by final County action. No refunds of police services impact fees shall be given for proposed development activity which results in a negative impact fee computation.

(b)

Any impact fee trust funds not expended by the end of the fiscal quarter immediately following six (6) years from the date that the fee was paid shall be returned to the feepayer by the Zoning Director with accrued interest. The feepayer shall be required to submit a written request for refund to the County Planning and Zoning Director before issuance of the refund can be authorized. No refunds of impact fees will be provided for in the event the feepayer does not request such a refund prior to the expiration of one (1) year following the six-year period from the date the impact fee was paid.

(c)

If no claim is made within the time period prescribed by this chapter for the money eligible for refund, then said money shall be returned to the appropriate trust fund described in Section 33I-10 and shall be utilized for the purposes described in Section 33I-11. For the purpose of refunds under this section, monies collected shall be deemed to be spent or encumbered for expenditure on the assumption that the first money placed in the appropriate trust fund shall be the first money taken out of the fund when withdrawals are made.

(d)

The feepayer may request a refund of impact fees paid for a development that has been exempted pursuant to Section 33I-7, in accordance with the provisions set forth therein. The amount of the exemption refund shall exclude the administrative cost portion of the fee and any applicable convenience fees.

(Ord. No. 90-31, § 2, 4-3-90; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 29, 9-3-98; Ord. No. 15-144, § 3, 12-1-15)