§ 62-770. Payment.

(a)

The person applying for the issuance of a building permit shall pay the fee assessed pursuant to this division to the county manager prior to the issuance of a certificate of occupancy. No certificate of occupancy shall be issued until all assessed impact fees are paid. The obligation to pay the fee shall run with the land.

(b)

All funds collected shall be properly identified and promptly transferred for deposit in the correctional facilities impact fee trust fund, to be used solely for the purposes specified in this division.

(c)

In lieu of all or part of the correctional facilities impact fees, the board of county commissioners may accept the offer by a feepayer to donate land or construct all or part of a correctional facilities capital improvement project shown in the county comprehensive plan or appropriate to the implementation thereof. This offer shall not include the construction of any site-related improvements. Such construction must be in accordance with county, municipal or state design standards, whichever are applicable. The feepayer shall submit a project description in sufficient detail, including competitive bids if so requested, to allow the county manager to establish an engineering and construction cost estimate. The county manager shall credit this estimated cost or the actual cost of this construction, whichever is lower, against the correctional facilities impact fee otherwise due. The offer shall not constitute payment of the correctional facilities impact fee unless and until it is accepted by the board of county commissioners and the feepayer has dedicated or conveyed any and all land pursuant to the offer as accepted and has posted security, as provided in this subsection, for the construction of any and all other capital improvements pursuant to the offer as accepted. Security in the form of a performance bond, irrevocable letter of credit or escrow agreement shall be posted with the board of county commissioners in an amount approved by the board equal to 110 percent of the full cost of such construction. If the correctional facilities construction project will not be constructed within one year of the acceptance of the offer by the board of county commissioners, the amount of the security shall be increased by ten percent compounded for each year or fraction thereof of the life of the security. The security shall be reviewed and approved by the county attorney's office prior to acceptance of the security by the board.

(Code 1979, § 14-183; Ord. No. 01-021, § 18, 4-4-01)