§ 47-32. Use of monies.

(a)

The board hereby creates the "park impact fee trust account" which shall be maintained separate and apart from all other accounts of the county.

(b)

Park impact fees shall be deposited into the park impact fee trust account immediately upon receipt.

(c)

Funds deposited in the park impact fee trust account, as established in paragraph (a) above, shall be used solely for the purpose of providing growth-necessitated capital improvements to the county park system including, but not limited to:

(1)

Land acquisition, including any cost of acquisition or condemnation;

(2)

Fees for professional services, including but not limited to architecture, engineering, surveying, landscaping, soils and material testing, legal, appraisals, and construction management;

(3)

Design and construction plan preparation;

(4)

Site development and on-site and off-site improvements incidental to the construction thereto;

(5)

Any permitting or application fees necessary for the construction;

(6)

Design and construction of new parks and recreational facilities;

(7)

Design and construction of new drainage facilities required by the construction of parks and recreational facilities or improvements thereto;

(8)

Relocating utilities required by the construction of parks and recreational facilities or improvements or additions thereto;

(9)

Landscaping;

(10)

Construction management and inspection;

(11)

Surveying, soils, and materials testing;

(12)

Acquisition of capital equipment for the county park system;

(13)

Repayment of monies borrowed from any budgetary fund of the county which were used to fund growth necessitated capital improvements to the county park system as provided herein;

(14)

Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the county to fund growth-necessitated improvements and additions to the county park system subsequent to the effective date of this chapter; and

(15)

Costs related to the administration, collection, and implementation of the park impact fees.

(d)

The moneys deposited into the park impact fee trust account shall be used solely to provide capital improvements to the county park system as necessitated by growth as projected in the park impact fee study and shall not be used for any expenditure that would be classified as a maintenance or repair expense.

(e)

Any park impact fee funds on deposit which are not immediately necessary for expenditure shall be invested by the county. All income derived from such investments shall be deposited in the park impact fee trust account and used as provided herein.

(f)

The county may retain up to one percent of all park impact fees received as an administrative fee to defray the costs of administering the park impact fees.

(g)

The park impact fees collected pursuant to this chapter shall be returned to the then current owner of the property on behalf of which such fee was paid, if such fees have not been expended or Encumbered prior to the end of the fiscal year immediately following the eighth anniversary of the date upon which such fees were paid. Refunds shall be made only in accordance with the following procedure:

(1)

The then present owner shall petition the county for the refund within six months following the end of the calendar quarter immediately following eight years from the date on which the fee was received.

(2)

The petition for refund shall be submitted to the county coordinator and shall contain:

a.

A notarized sworn statement that the petitioner is the present owner of the property on behalf of which the park impact fee was paid;

b.

A copy of the dated receipt issued for payment of the park impact fee or such other record as would evidence payment; and

c.

A certified copy of the latest recorded deed or a copy of the most recent ad valorem tax bill.

(3)

Within 60 days from the date of receipt of a petition for refund, the county coordinator will advise the petitioner and the board of the status of the park impact fee requested for refund, and if such park impact fee has not been expended or encumbered within the applicable time period, then it shall be returned to the petitioner. For the purposes of this section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out.

(Ord. No. 05-08, § 2.07, 11-17-2005)