§ 9.2.6. Procedure and requirements for reimbursement.

A.

If the proposed detailed drainage report submitted to the county engineer under subsection 9.2.5 requires construction of major drainage system facilities as identified in the drainage plan that serve more than that development, a portion of the actual costs incurred may be eligible for reimbursement from the basin fund.

B.

To the extent the cost of those facilities exceeds the sum of the drainage fees assessed against the property (less the cost of facilities otherwise required to be constructed to meet standard development requirements), the developer is eligible for reimbursement from any surplus basin fee that may be collected.

C.

A five percent administrative charge from fees collected from other properties in the basin will be collected prior to reimbursement.

D.

The amount of the reimbursement must take into account the original cost for design and construction of the stormwater facility, plus any reasonable amount agreed to by the developer and the county engineer to reflect the effects of inflation.

E.

If the facility is identified in a drainage basin master plan but only a portion of the cost is eligible for reimbursement, the remainder of the cost is the developer's obligation.

F.

Reimbursement must be evidenced by a repayment agreement between the developer and county commissioners within 90 days after completion and acceptance by the county of the improvements.