§ 9.4.12. Refund of fees not spent.

A.

General/standards. Any regional park land in-lieu fees collected will be returned to the fee payer or the fee payer's successor in interest (if the development subject to the in-lieu fee is sold by the fee payer) if the fees have not been spent within seven years from the date the building permit for the development was issued, along with interest earned on the fee. In-lieu fees will be spent on the basis of the first fee collected being the first fee spent.

B.

Refund procedure. The refund will be administered by the fee administrator and will be undertaken through the following process:

1.

A refund application must be submitted within one year following the end of the seventh year from the date on which the building permit was issued on the proposed development. The refund application must include the following information:

a.

A copy of the dated receipt issued for payment of the in-lieu fee;

b.

A copy of the building permit; and

c.

Evidence that the applicant is the successor in interest to the in-lieu fee payer, if relevant.

2.

Within ten working days of receipt of the refund application, the fee administrator will determine if it is complete. If it is determined the application is not complete, a written statement specifying the deficiencies will be forwarded by mail to the person submitting the application. Unless the deficiencies are corrected, the fee administrator will take no further action on the refund application.

3.

When it is determined the refund application is complete, the application will be reviewed within 20 working days and will be approved if it is determined the fee payer or a successor in interest has paid an in-lieu fee that has not been spent within the period of time permitted under this section. The refund will include the in-lieu fee paid plus interest earned on the fee.

C.

Appeal. An in-lieu fee payer affected by the administrative decision regarding refunds can appeal the decision to the county commissioners by filing with the fee administrator, within ten working days of the date of the written decision, a written notice stating and specifying briefly the grounds of the appeal. The fee administrator will place the appeal on the county commissioners' agenda. The county commissioners, after a hearing, will affirm or reverse the decision of the fee administrator based on the standards in subsection 9.4.12.A. If the county commissioners reverse the decision of the fee administrator, they will direct the administrator to readjust the refund in accordance with their findings. In no case will the county commissioners have the authority to negotiate the amount of the refund.