§ 62-733. Use of funds.

(a)

The collecting and administering governmental units shall be entitled to up to but not more than eight percent of the funds collected under this division to compensate them for the administrative expense of collecting the fee and administering this division. All remaining funds collected from fire/rescue facilities impact fees shall be used for the purpose of capital improvements to fire/rescue facilities under the jurisdiction of the county or the state, or community and regional fire/rescue facilities under the jurisdiction of the county, and not for maintenance or operations. Such acquisitions and improvements shall be the type as are made necessary by new growth and development in the county.

(b)

Funds shall be used exclusively for capital improvements within the fire/rescue facilities impact fee district, as identified in appendix I of Ordinance No. 01-021, from which the funds were collected. Funds shall be expended in the order in which they are collected.

(c)

Each fiscal period, the county manager shall present to the board of county commissioners a proposed capital improvement program for fire/rescue facilities, assigning funds, including any accrued interest, from the several fire/rescue facilities impact fee trust funds to specific fire/rescue facilities improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same fire/rescue facilities impact fee trust funds until the next fiscal period, except as provided by the refund provisions of this division.

(d)

In lieu of providing impact fee credits pursuant to subsection 62-730(c), when a developer constructs or donates emergency services capital improvements as defined in section 62-725 but excluding emergency services facilities planning and emergency services impact fee consultant studies and said capital improvement(s) is either accepted or required by the county under an applicable development order or ordinance, the board of county commissioners upon request, shall provide reimbursement from the appropriate emergency services trust fund to the developer as the applicable impact fees generated by the project for which the donation was made are collected. The amount of reimbursement shall not exceed the reasonable market value of the emergency services capital improvements and the developer shall provide such documentation as requested by the county to ascertain the amount of reimbursement to which the developer is entitled. Such reimbursement agreements between the county and developer shall be assignable by the developer. Nothing in this section shall be construed to relieve any person from the responsibility of paying any required impact fee at the time or upon the occurrence of any event specified in a development order or by applicable ordinance.

(Code 1979, § 14-161; Ord. No. 99-31, § 2, 5-4-99; Ord. No. 01-021, § 12, 4-4-01)