§46-145  Refund of impact fees.  (a)  If
impact fees are not expended or encumbered within the period established in
section 46-144, the county or the board shall refund to the developer or the
developer's successor in title the amount of fees paid and any accrued
interest.  Application for a refund shall be submitted to the county or the
board within one year of the date on which the right to claim  arises.  Any
unclaimed refund shall be retained in the special trust fund or interest
bearing account and be expended as provided in section 46-144.



(b)  If a county or board seeks to terminate
impact fee requirements, all unexpended or unencumbered funds shall be refunded
as provided in subsection (a) and the county or board shall give public notice
of termination and availability of refunds at least two times.  All funds
available for refund shall be retained for a period of one year at the end of
which any remaining funds may be transferred to:



(1)  The county's general fund and expended for any
public purpose not involving water supply or service as determined by the
county council; or



(2)  The board's general fund and expended for any
public purpose involving water supply or service as determined by the board.



(c)  Recoupment shall be exempt from subsections
(a) and (b). [L 1992, c 282, pt of §2; am L 1998, c 2, §14; am L 2001, c 235,
§5]