§ 70-179. Refund of impact fee paid.

(a)

If a building permit expires without commencement of construction, then the feepayer or his or her successor or assign may apply to the school district for a refund, without interest, of any impact fee paid in connection with its issuance. If the feepayer demonstrates that all rights to commence the construction have irrevocably expired, the county shall refund the fee (or unencumbered portion thereof), after first deducting an administrative fee of three percent of the first $5,000.00 refunded, and one percent of any remainder.

(b)

Any funds held in the district impact fee account which are not expended or encumbered by the end of the fiscal quarter immediately following the sixth year following the date the impact fee was collected shall, upon application of the feepayer for which an impact fee was paid, be returned to the feepayer with interest at the rate of average net interest rate earned by the funds deposited in the Volusia Educational Facilities Impact Fee Trust Account from the date on which the impact fee was actually collected until the date of the referral, if the fee payer submits a timely written application for a refund to the county within 180 days after the expiration of the six-year period. In determining whether the fee paid by the feepayer has been expended or encumbered, funds in the district impact fee account shall be considered to be expended or encumbered on a first in, first out basis.

(c)

In the absence of an express transfer or assignment or entitlement to any refund or previously paid impact fees, the right or entitlement shall be deemed "not to run with the land."

(Ord. No. 97-7, § XII, 5-15-97; Ord. No. 2005-01, § X, 2-24-05; Ord. No. 2008-04, § I, 2-21-08)