BIL 324 Draft 02 2006-2008 - Laserfiche WebLink

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(c) Written notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent to or served upon the present owners of the property within thirty days from the date the refund becomes due. Sending notices by regular mail to all present owners of record shall be sufficient to satisfy this notice requirement. (d) Application for a refund shall be submitted to the County within one year of the date on which the right to a refund arises. Following approval of the refund application by the impact fee administrator, the refund shall be paid in full. Any unclaimed refund shall be retained in the appropriate account and expended as provided in section 36-24. (e) In the event that the County terminates impact fee requirements, all unexpended or unencumbered funds shall be refunded as provided in this section. The County shall give public notice of termination and availability of refunds at least two times. All funds available for refund shall be retained for a period of one year at the end of which any remaining funds may be transferred to the County's general fund and expended for any public purpose not involving water supply or service as determined by the County council. Section 36-17. Post-ordinance credits. (a) After the effective date of this ordinance, credit from impact fees shall be provided for system improvements for the same type of facility built by private parties, or for land dedicated to and accepted by the County in lieu of the impact fee payments. (1) Approved credits shall become effective when the improvements have been completed and have been accepted by the County, or their construction secured by bond or other equivalent security. (2) No credit will be applied to either the road impact fee for improvements to the major roadway facilities that primarily serve traffic generated by the applicant's project, such as roads within a development or acceleration/deceleration lanes into and out of the project, or to the parks impact fee for parks that are not available for use by the general public. (3) Approved credits for land dedication shall become effective when the land has been conveyed to and has been accepted by the County. (b) To receive credit for system improvements, the developer shall submit construction drawings, specifications, and construction cost estimates or property appraisals to the impact fee administrator. The impact fee administrator shall determine the amount of credit due based on the information submitted, or where such information is inaccurate or unreliable, then, on alternative engineering or construction costs acceptable to the impact fee administrator. The impact fee administrator may independently determine the amount of credit to be approved for land dedication by securing other property appraisals, or requiring submittal of other relevant information, and may consult with the department of public works or other relevant county departments. The impact fee administrator shall make a recommendation to the council on whether or not to accept a request for in-lieu credit. The council shall, by resolution, decide whether to accept the request. .r ,9 -17-