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§ 51.49 APPEALS; PAYMENT UNDER PROTEST; MEDIATION.
   (A)   Any developer, individual, corporation, partnership or other entity required to pay a water or sewer capacity or impact fee may appeal any decision relating to the imposition of such fee by filing a written notice of such appeal with the county manager, or his or her designee, within 15 days of receipt of a decision of any county official relating to the imposition of the water or sewer capacity or impact fee, setting forth the grounds for such appeal and the alleged error of the official rendering the decision from which the appeal is taken.
   (B)   (1)   Any developer, individual, corporation, partnership or other entity may pay a water or sewer capacity or impact fee under protest, and is not estopped from exercising the right of appeal provided herein, nor is the fee payor estopped from receiving a refund of an amount considered to have been illegally collected.
      (2)   Instead of making a payment of a capacity or impact fee under protest, a fee payor, at his, her or its option, may post a bond or submit an irrevocable letter of credit for the amount of the capacity or impact fee due, pending the outcome of an appeal.
   (C)   The county manager, or his or her designee or designees, shall hold a conference or hearing, after due notice to all parties in interest, within 30 days of the receipt of such appeal, and render a decision to all parties in interest within 30 days after such conference or hearing.
   (D)   (1)   Upon voluntary agreement by both the fee payor and the county, mediation may be pursued as an alternate dispute resolution medium.
      (2)   In such event, such mediation shall be conducted substantially in compliance with the alternate dispute resolution/mediation rules promulgated by the South Carolina Supreme Court for Circuit Court Alternate Dispute Resolution, as such rules may be amended from time to time.
(Ord. 5206, passed 12-18-06)
§ 51.50 DEPOSIT OF REVENUES.
   The county treasurer shall deposit all revenues received from the imposition of county water and sewer capacity or impact fees in a separate interest-bearing account, the proceeds of which shall be paid solely for the purposes and uses defined herein.
(Ord. 5206, passed 12-18-06)
§ 51.51 TERMINATION OF WATER AND SEWER CAPACITY OR IMPACT FEES.
   The water and sewer capacity or impact fees established and collected pursuant to this subchapter shall terminate 20 years from the adoption of Ordinance 5206, unless terminated sooner.
(Ord. 5206, passed 12-18-06)
§ 51.52 EXEMPTIONS FROM CAPACITY OR IMPACT FEES.
   The following activities are exempt from capacity or impact fees:
   (A)   Rebuilding the same amount of floor space of a structure that was destroyed by fire or other catastrophe;
   (B)   Remodeling or repairing a structure that does not result in an increase in the number of service units;
   (C)   Replacing a residential unit, including a manufactured home, with another residential unit on the same lot, if the number of service units does not increase;
   (D)   Placing a construction trailer or office on a lot during the period of construction on the lot;
   (E)   Constructing an addition on a residential structure which does not increase the number of service units;
   (F)   Adding uses that are typically accessory to residential uses, such as a tennis court or a clubhouse, unless it is demonstrated clearly that the use creates a significant impact on the system's capacity; and
   (G)   All or part of a particular project if:
      (1)   The project is determined to create affordable housing; and
      (2)   The exempt development's proportionate share of system improvements is funded through a revenue source other than development capacity or impact fees.
(Ord. 5206, passed 12-18-06)
§ 51.99 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is provided shall be subject to § 10.99.
   (B)   Any person or private entity found to be in violation of any provision of §§ 51.30 through 51.35 shall be guilty of a summary offense and, upon conviction thereof, shall be fined in an amount not to exceed $500 for each violation. Each day in which any violation shall continue shall be deemed a separate offense.
(‘77 Code, § 7-182) (Ord. 2590, passed 5-8-90; Am. Ord. 5206, passed 12-18-06)