§ 9.6.11. Refund of fees not spent.

A.

General. Any regional road capital expansion fees collected, together with interest earned on such fees, will be returned to the fee payer or the fee payer's successor in interest (if the development subject to the fee is sold by the fee payer), if the fees have not been spent within ten years from the date the first building permit for the traffic-generating development was issued (or, if the fee administrator agreed to delay collection of the fee until the issuance of a certificate of occupancy, then within ten years from the date of the certificate of occupancy). Fees will be spent on the basis of the first fee collected being the first fee spent.

B.

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

1.

A refund application must be submitted within one year after the end of the tenth year from the date on which the first building permit for the traffic-generating development was issued (or the date of the issuance of a certificate of occupancy, if the fee was collected at that point). The refund application must include the following information:

a.

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

b.

A copy of the building permit or certificate of occupancy, as applicable; and

c.

Evidence that the applicant is the fee payer or the successor in interest to the 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 the fee administrator determines 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 the fee administrator determines the refund application is complete, it will be reviewed within 20 working days and will be approved if it is determined the fee payer has paid a fee that the county has not spent within the period of time permitted under this section. The refund will include the fee paid plus interest earned on the fee.

C.

Appeal. A 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 commissioner's agenda. The county commissioners, after a hearing, will affirm or reverse the decision of the fee administrator based on the standards in this section. If the county commissioners reverse the decision of the fee administrator, they will direct the administrator to issue or adjust the refund in accordance with their findings. In no case will the county commissioners have the authority to negotiate the amount of the refund.

D.

Prior rights continue. Any person entitled to a refund pursuant to the terms of the regional transportation capital expansion fee regulation of 2006 shall retain any such rights notwithstanding the replacement of that earlier regulation with this regulation, and the adoption of this regulation shall not affect the dates upon which any such refund may become due or the procedures that the claimant must follow in order to obtain a refund.

(Res. No. 12262006R003, 12-26-2006; Res. No. 07-17-2018(1), Exh. A, 7-17-2018)