§ 62-810. 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 by transportation impact fee district and promptly transferred for deposit in the appropriate transportation impact fee trust fund, to be held in separate accounts as determined in section 62-812 and used solely for the purposes specified in this division.

(c)

In lieu of all or part of the transportation impact fees, the board of county commissioners may accept the offer by a feepayer, developer, or community development district to construct all or part of a road improvement project, including right-of-way, shown in the county comprehensive plan or appropriate to the implementation thereof. This offer shall not include the construction of site-related improvements. Such construction must be in accordance with county, municipal or state design standards, whichever are applicable. The feepayer, developer, or community development district 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 the construction, whichever is the lower, against the transportation impact fee otherwise due as further described in section 62-815. The portion of the fee represented by the road construction shall be deemed paid when the construction is completed and accepted by the county or state for maintenance or when the feepayer posts security as provided in this subsection for the costs of such construction. 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 transportation 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.

(d)

No credit shall be granted for any costs, contribution, payment, construction or land received by the county or any municipality participating in this program through interlocal agreement if said costs, contribution, payment, construction or land dedication is received or made before a credit agreement is approved by the board of county commissioners and fully executed by all applicable parties. Any claim for credit not so made and approved shall be deemed waived.

(Code 1979, § 14-208; Ord. No. 01-021, § 23, 4-4-01; Ord. No. 02-19, § 2, 4-30-02)