§ 9.6.12. Miscellaneous provisions.

A.

Mistake or misrepresentation. If the regional road impact fee is calculated and paid based on a mistake or misrepresentation, it shall be recalculated. Any amounts overpaid by a fee payer shall be refunded by the county within 30 days after the fee administrator's acceptance of the recalculated amount, with interest since the date of such overpayment at the same rate applicable to trust fund deposits since the initial payment was made. Any amounts underpaid by the fee payer shall be paid to the county within 30 days after the fee administrator's notification of the calculated amount, with interest since the date of such underpayment at the same rate applicable to trust fund deposits since the initial payment was made. In the case of an underpayment to the county, the county shall not issue any additional permits or approvals for the project for which the fees were previously paid until such underpayment is corrected, and if amounts owed to the county are not paid within 60 days after the fee administrators notification of the recalculated amount, the county may also repeal any permits issued in reliance on the previous payment of such fees and refund fees received, with interest since the date of the payment, to the then current owner of the land.

B.

Review every five years.

1.

At least once every five years, the fee administrator will recommend to the county commissioners whether any changes should be made to the regional road component of the TCEF or this regulation. The fee administrator will be assisted by their counterparts in participating local governments. The purpose of this review is to analyze the effects of inflation on actual costs; to assess potential changes in needs; to assess any changes in the characteristics of land uses; and to ensure that the regional road capital expansion fees will not exceed a fair share of the costs of addressing the impacts of growth and development on regional roads as required by applicable law. Any recommended modifications of this regulation as a result of the review shall only be effective following approval by the county commissioners.

2.

Automatic annual adjustments. The provisions of subsection 9.6.12.B.1 above shall not affect the provisions of section 9.6.7.C.2, which provide for annual adjustments to the fee schedule to reflect changes in construction costs without further action by the county commissioners.

C.

Severability. If one or more provisions of this regulation are invalidated by any court of law, those provisions shall be severed from the remainder of this regulation, the validity of the remainder of this regulation shall not be affected, and the invalidated provisions shall be deemed to have been replaced with provisions as close as possible to the intent of the original provisions while correcting for the cause of the invalidation.

(Res. No. 12262006R003, 12-26-2006; Res. No. 06162009R002, Exh. A, 6-16-2009; Res. No. 07-17-2018(1), Exh. A, 7-17-2018)

Exhibit A. — Regional Road Systems

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