§ 56-86. Payment.

(a)

Except as otherwise provided in this article, an applicant shall pay the appropriate road impact fee as established by this article or the applicable annual index resolution, as follows:

(1)

If the road impact construction is located within the unincorporated area of the county, or within the municipal boundaries of a consenting municipality in which the county has taken responsibility for the issuance of development permits, the road impact fee shall be paid to and collected by the county prior to the issuance of a building permit.

(2)

If the road impact construction is located within the municipal boundaries of a consenting permitting municipality, the road impact fee shall be paid to and collected by that permitting municipality prior to the issuance of a building permit for the road impact construction pursuant to an interlocal agreement between the permitting municipality and the county, or alternatively, the permitting municipality may require the applicant to pay the road impact fee to the county prior to the issuance of a building permit and only issue a building permit upon proof of payment from the county.

(b)

The road impact fee shall be calculated according to the rate in effect at the time of payment.

(c)

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

(d)

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

(e)

In the event that a building permit issued for a road impact construction expires prior to completion of the construction for which it was issued, the applicant may, within 90 days of the expiration of the building permit, apply for a refund of the road impact fee. Failure to timely apply for a refund of the road impact fee shall waive any right to a refund.

(1)

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

a.

The name and address of the applicant;

b.

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

c.

The date the road impact fee was paid;

d.

A copy of the receipt of payment for the road impact fee; and

e.

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

(2)

After verifying that the building permit has expired and that the road impact construction has not been completed, the county manager shall refund the road impact fee paid for such road impact construction.

(3)

A building permit which is subsequently issued for a road impact construction on the same property which was the subject of a refund shall pay the road impact fee as required herein.

(Ord. No. 2007-40, § 5.06, 10-18-2007)