If a land use permit expires without commencement of construction, the fee payer shall
be entitled to a refund of the transportation impact mitigation fee(s) paid, with
any interest accrued thereon, as a condition for the issuance of the permit. The fee
payer shall submit a written request for a refund to the public works director within
two years after the expiration date of the permit. Failure to timely submit a request
for a refund may constitute a waiver of any right to a refund.
(b)
In the event any fee collected pursuant to this Ordinance remains unexpended and uncommitted
five or more years after deposit of said fee, the board of supervisors shall make
findings once each fiscal year to identify the purpose to which the fee is to be put
and demonstrate a reasonable relationship between the fee and the purpose for which
it was charged.
(c)
The unexpended and uncommitted portion of the fee, and any interest accrued thereon,
for which need cannot be demonstrated pursuant to subsection B of this section, shall
be refunded to the then current owner(s) of record of the development project(s),
less any amounts expended as provided herein.
(d)
The provisions of California Government Code Section 66001 (d), (e) and (f), as they
now exist or as they may be amended, shall apply to any refund of fees remaining unexpended
or uncommitted by the county for five or more years after deposit.
(Ord. No. 4270)
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