§ 23-156. Refund of fees paid.

(a)

If a building permit or certificate of use expires, is revoked or is voluntarily surrendered and is, therefore, voided, and no construction or improvement of land (including moving a mobile home or recreational vehicle on to land) has been commenced, then the current parcel owner of record, upon application to the county, shall be entitled to a refund of any impact fee surcharges paid as a condition for its issuance except as otherwise provided herein, minus administrative expenses actually incurred by the county. No interest shall be paid on refunds under this section. Notwithstanding the foregoing, the feepayer may waive or relinquish its right to any refund under a development agreement or development order and which agreement or order may provide that such impact fee surcharges may be deemed non-refundable and expended by the county upon receipt.

(b)

Pipeline advances, pipeline donations and pipeline improvements shall be deemed earned and expendable upon receipt by the county, or HCSD respectively, and therefore, shall be considered non-refundable. However, pipeline advances, pipeline donations and pipeline improvements shall be entitled to credits under this division to the extent not contrary to the terms of any development agreement or development order.

(c)

Any impact fee surcharge funds not expended or encumbered by the end of the calendar quarter immediately following ten (10) years from the date the respective impact fee surcharge was recorded as revenue by the county shall, upon application of the current parcel owner of record, within one hundred eighty (180) days of the expiration of the ten-year period, be returned to the current parcel owner of record with interest at the county's average annual rate of return to the extent not contrary to the terms of any development agreement or development order.

(Ord. No. 2007-16, § 1, 9-12-07; Ord. No. 2013-9, § VI, 3-12-13)