§ 33J-13. 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 this chapter, 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 and any designated collecting city 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. No refund shall be provided for impact fees deemed expended pursuant to Section 33J-12(d), for the cost of completed improvements contributed in-lieu-of fee or if no timely claim is made. Funds shall be deemed expended for purposes of this chapter when a contract or agreement encumbering all or a portion of the payment of said funds, except for the general administrative and convenience portion of the fee, shall be approved by final County action.

(b)

Any impact fee trust funds not expended by the end of the fiscal quarter immediately following six (6) years from the date the fee was paid shall be returned to the feepayer by the Zoning Director with accrued interest.

(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 33J-11 and shall be utilized for the purposes described in Section 33J-12. 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 33J-8, 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. 90-26, § 2, 3-20-90; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 30, 9-3-98; Ord. No. 15-144, § 4, 12-1-15)