§ 47-72. Use of monies.

(a)

The board hereby establishes four separate trust accounts for the road impact fee, to correspond with the four road construction districts established in section 47-69. These trust accounts are designated as the "Road Construction District No. 1 Impact Fee Trust Account," the "Road Construction District No. 2 Impact Fee Trust Account," the "Road Construction District No. 3 Impact Fee Trust Account" and the "Road Construction District No. 4 Impact Fee Trust Account" which accounts shall be maintained separate and apart from all other accounts of the county.

(b)

All road impact fees shall be deposited into the appropriate trust account for the road construction district from which the fees were collected immediately upon receipt. All road impact fees and all interest accruing thereto shall be used solely for the road construction district from which such fees were collected or for construction or improvement of an arterial road with a countywide benefit.

(c)

The monies deposited into the road impact fee trust accounts shall be used solely for the purpose of constructing or improving the county road system in the appropriate road construction district or for constructing or improving an arterial road with a countywide benefit, including, but not limited to:

(1)

Design and construction plan preparation;

(2)

Permitting;

(3)

Right-of-way acquisition, including any costs of acquisition or condemnation;

(4)

Construction of new through lanes;

(5)

Construction of new turn lanes;

(6)

Construction of new bridges;

(7)

Construction of new drainage facilities in conjunction with new roadway construction;

(8)

Purchase and installation of traffic signals;

(9)

Construction of new curbs, medians and shoulders;

(10)

Relocating utilities to accommodate new roadway construction;

(11)

Construction management and inspection;

(12)

Surveying and soils and material testing;

(13)

Repayment of monies transferred or borrowed from any budgetary fund of the county which were used to fund any growth impacted construction or improvements as herein defined; and

(14)

Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the county to provide funds to construct or acquire growth impacted capital transportation improvements on the county road system; and

(15)

Transportation planning, development and engineering. Funds on deposit in the road impact fee trust accounts shall not be used for any expenditure that would be classified as a maintenance or repair expense.

(d)

The monies deposited into the road impact fee trust accounts shall be used solely to provide improvements or additions to the county road system required to accommodate traffic generated by growth as projected in the road impact fee study.

(e)

Any monies 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 appropriate road impact fee trust account and used as provided herein.

(f)

The road impact fees collected pursuant to this chapter may 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 (8th) anniversary of the date upon which such fees were paid. Refunds shall be made only in accordance with the following procedure:

(1)

The then current 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 road impact 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 current owner of the property on behalf of which the road impact fee was paid;

b.

A copy of the dated receipt issued for payment of such fee or such other record as would indicate payment of such fee;

c.

A certified copy of the latest recorded deed; and,

d.

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 of the status of the road impact fee requested for refund, and if such road impact fee has not been spent 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, § 4.07, 11-17-2005)