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

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

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

(2)  The board's general fund and expended for anypublic 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]