[§302A-1609]  Refunds.  If the fee in
lieu or impact fee is not expended within twenty years of the date of
collection, the department shall either:



(1)  Refund to the developer, or the developer's
successor in interest, the amount of the fee in lieu paid and any interest
accrued thereon; or



(2)  Recommit the fees for another twenty-year period
for construction of new schools in the school impact district, as authorized by
the developer or the developer's successor. [L 2007, c 245, pt of §2]