§ 24-4. Payment of impact fees.

(a)

Except as otherwise provided in paragraph (b) below, prior to the issuance of a building permit for any capital facilities impact construction, an applicant shall pay the impact fees set forth herein directly to the county.

(b)

For the educational system impact fee, prior to the issuance of a certificate of occupancy for residential construction, an applicant shall pay the educational system impact fee as provided in section 24-39, as follows:

(1)

If the residential construction is located within the unincorporated area of the county, the educational system impact fee shall be paid to and collected by the county.

(2)

If the residential construction is located within the municipal boundaries of a city, the educational system impact fee shall be paid to and collected by that city pursuant to interlocal agreement.

(3)

Educational system impact fees collected by the county or by a city shall be held separately and distinctly from all other revenues and shall be transferred on a monthly basis to the school board. Such transfer shall occur by the 10th day of each month for those educational system impact fees collected in the previous month. The county and the city, whichever collects the fee, shall be permitted to assess, in addition to the impact fee, the actual administrative costs incurred in the collection of the educational system impact fee in accordance with section 24-10.

(4)

In the event of early payment of impact fees, the final impact fee due shall be assessed at the current impact fee rate at the time of certificate of occupancy, with any prior payment deducted from the total amount due.

(5)

In the event the educational system impact fee is not paid prior to the issuance of a certificate of occupancy, then the county or city may elect to collect the educational system impact fee by any other method which is authorized by law, unless, otherwise exempted pursuant to this chapter. The county or the city collecting the educational system impact fee shall forward notice of such delinquency to the school board upon discovery of any such delinquency.

(6)

In the event that the educational system impact fee is paid prior to the issuance of a certificate of occupancy for a residential construction and that said building permit expires prior to completion of the residential construction for which it was issued, the applicant may, within ninety (90) days of the expiration of the building permit, apply for a refund of the educational system impact fee. Failure to timely apply for a refund of the educational system impact fee shall waive any right to a refund.

a.

The application for refund shall be filed with the superintendent and contain the following:

1.

The name and address of the applicant;

2.

The location of the property which was the subject of the building permit;

3.

The date the educational system impact fee was paid;

4.

A copy of the receipt of payment for the educational system impact fee; and

5.

The building permit number, the date the building permit was issued and the date of expiration.

b.

After verifying that the building permit has expired and that the residential construction has not commenced, the superintendent shall refund the educational system impact fee paid for such residential construction.

c.

A building permit, which is subsequently issued for a residential construction on the same property and which was the subject of a refund, shall pay the educational system impact fee as required by this chapter at the time of certificate of occupancy for the new or reissued building permit.

(c)

The payment of the impact fee shall be in addition to all other fees, charges or assessments due for the issuance of a certificate of occupancy or building permit.

(d)

The obligation for payment of the impact fees shall run with the land.

(e)

In the event any impact fees are not paid prior to the issuance of a building permit for the affected capital facilities impact construction, the county may collect the impact fees at the time of issuance of the certificate of occupancy or by any other method which is authorized by law.

(Ord. No. 2010-11, § 2, 8-16-10; Ord. No. 2015-26, § 2, 4-20-15; Ord. No. 2016-10; § 3, 2-1-16; Ord. No. 2017-96, § 2, 12-11-17)