(A) All funds collected from development impact fees shall be used solely for capital improvements (including payment of debt service) for expansion of the capacity of public facilities and not for replacement, maintenance, or operations. Expansion of the capacity of a road includes extensions, widening, intersection improvements, upgrading signalization, improving pavement conditions and all other road and intersection capacity enhancement. Expansion of the capacity of a public school includes all construction and remodeling, to the extent that the construction serves to increase the number of pupils that may be enrolled in the public schools, but does not include temporary structures.
(B) All fees collected pursuant to this subchapter shall be placed in a capital outlay fund and used only to pay for costs of capital improvements as defined herein. The capital outlay fund shall be divided into as many subfunds as shall be necessary to separately assess fees for single-family residence; townhouse, duplex, triplex, and other multi-family residence and mobile home.
(C) Fees collected may be used for capital improvements as defined herein. However, each fee collected for a dwelling unit must be applied to capital improvements in the proportion established by the County Commissioners.
(D) The amount of fees collected pursuant to this subchapter that can be applied to any capital improvement shall be limited to that portion of the cost which is reasonably attributable to the need generated by new development or benefit conferred upon new development. In approving each capital improvement budget use of the funds from the capital outlay fund, the County Commissioners shall apportion the cost of capital improvements between needs or benefits relating to existing development and needs or benefits relating to new development.
(E) The funds collected for public facilities shall be used for the purpose indicated whether the project is owned by the state, the county, or a municipality, provided that the project benefits the county proportionally with the impact that the development from which the funds were generated impacted the county.
(F) If development impact fee districts are hereafter created by resolution, funds collected from development impact fees shall be used for capital improvements within the development impact fee district from which they are collected, so as to reasonably benefit the feepayer. The school impact fee districts shall be as shown on the school impact fee districts map all as established by the Budget Officer and on file in the Department of Land Use, Planning, and Development, or its successor agency, and with the County Commissioners. Fees from one district may be used for capital improvements in another district on a written finding by the Director of Planning, Land Use, and Development, or its successor agency, that the capital improvements are a direct benefit to the district from which the fees were collected.
(G) By written agreement, the county and the feepayer may agree to reimburse the feepayer for any fee paid in excess of that required by this subchapter. The fees advanced shall be used by the county to fund the costs of capital improvements for public facilities needed by new development. Such fees may be reimbursed from development impact fees collected subsequent to the agreement and from development that will reasonably benefit from the capital improvements.
(2004 Code, § 102-8) (Ord. 165, passed 11-18-1998; Ord. 03-12, passed 6-10-2003)