Impact Fee Ord_Duncan Draft_ 9_15_06

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DRAFT (4) As described in Section 36-12, Post-Ordinance Reimbursements. (h) The monies in each impact fee account shall not be used for the following: (1) Rehabilitation, reconstruction, replacement or maintenance of existing facilities; or (2) Ongoing operational costs Section 36-11. Refunds. (a) If a building permit for which an impact fee was paid expires, is revoked or voluntarily surrendered and therefore voided, and no construction or improvement of land has commenced, then the feepayer is entitled to a refund of the impact fee paid as a condition for its issuance, except that up to three percent of the impact fee paid will be retained as an administrative fee to offset the cost of processing the refund. No interest will be paid to the feepayer on refunds due to noncommencement. (b) Any monies in the impact fee fund that have not been spent or encumbered within six (6) years after the date on which such fee was paid shall be returned to the current owners with interest since the date of payment. (1) 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 or served in writing to the present owners of the property within thirty (30) days of the date the refund becomes due. The sending by regular mail of the notices to all present owners of record shall be sufficient to satisfy the requirement of notice. (2) Application for a refund shall be submitted to the County within one year of the date on which the right to a refund arises. (3) Following approval of the refund application by the impact fee administrator, the refund shall be paid in full. (4) Any unclaimed refund shall be retained in the appropriate account and expended as provided in Section 36-10, Use of Funds. (5) 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 36-12. Post-ordinance reimbursements. (a) Credit for reimbursements from impact fees collected by the County shall be provided for contributions toward the cost of system improvements for the same type of facility. (1) Approved credits shall generally become effective when the improvements Draft Hawaii County Impact Fee Ordinance Duncan Associates, September 15, 2006, p. 16