§ 56-222. Economic recovery and incentive program.

(a)

The board hereby establishes the economic recovery and incentive program to provide for suspension of collection of the county's educational system impact fees, in order to allow time for the national, state and local economy to recover and to stimulate local development, preserve jobs in the construction industry and expand the county's tax base.

(b)

During the suspension period, the county shall not collect the educational facilities impact fees imposed pursuant to section 56-221.

(c)

The provisions of this division relating to expenditure of existing educational system impact fee funds and annual reporting requirements shall remain in effect during the suspension period.

(d)

Any educational system impact fees collected by the county between January 1, 2009, and April 1, 2009, shall be refunded to the record owner of the applicable residential construction on the date of issuance of the refund.

(e)

By June 1 of each year during the suspension period, the county manager and the superintendent shall provide a report to the board and the school board relating to the status of construction activity within the county since the effective date of this program. Such report shall include the number and type of permits issued, the amount of educational system impact fee revenues lost as a result of the suspension, a summary of pending development projects, an overview of the national, state and local economy and impacts on the county and school board's budgets and an update on the capital improvement plans.

(f)

By September 1 of each year during the suspension period, the county manager and the superintendent shall provide an additional report to the board and the school board, updating the data provided in the June report, providing recommendations for whether the suspension period should be extended and delineating the process for reimplementing the educational facilities impact fees at the end of the suspension period, including possible review of the impact fee studies pursuant to section 56-245, possible revisions to the annual fee increases established in section 56-221 and providing for the 90-day notice period required by section 56-249.

(g)

Collection of the educational system impact fees shall resume upon the board's adoption of an amendment to this division reimposing educational system impact fees, and upon expiration of the notice period required by section 56-249.

(Ord. No. 2011-15, § 3, 7-21-2011)