§ 56-223. Payment.

(a)

Except as otherwise provided in this article, an applicant shall pay the educational system impact fee as set forth in section 56-221 herein, as follows:

(1)

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

(2)

If the residential construction is located within the municipal boundaries of a permitting municipality, the educational system impact fee shall be paid to and collected by that permitting municipality prior to the issuance of a building permit for residential 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 educational system 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)

Any educational system impact fee collected by the county or by a permitting municipality shall be held by them separate and distinct from all other revenues and shall be transferred at least quarterly to the school board for deposit in the educational system impact fee trust account, created pursuant to section 56-225 hereof.

(c)

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

(d)

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

(e)

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

(f)

In the event that the educational system impact fee is paid prior to the issuance of a building permit for a residential construction and said building permit expires prior to completion of the residential 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 educational system impact fee. Failure to timely apply for a refund of the educational system impact fee shall waive any right to a refund.

(1)

The application for refund shall be filed with the superintendent 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 educational system impact fee was paid;

d.

A copy of the receipt of payment for the educational system 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 residential construction has not been completed, the superintendent shall refund the educational system impact fee paid for such residential construction.

(3)

A building permit which is subsequently issued for a residential construction on the same property which was the subject of a refund shall pay the educational system impact fee as required by this article.

(Ord. No. 2007-41, § 2.03, 10-18-2007)