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 Baldwin
 Code of Ordinances
 Chapter 21. WATER AND SEWERS
 Article IV. IMPACT FEES

  § 21-82. Refund of fees.  

Latest version.

  • Any fees collected shall be returned to the feepayer or his successor in interest if the fees have not been spent within six (6) years from the date the certificate of occupancy for the development was issued, along with the interest of six (6) percent a year. Provided, however, that the town council may by resolution extend for up to three (3) years the date at which the fees must be refunded. Such an extension shall be made upon a finding that, within such three-year period, specified capital improvements are planned and evidenced by the adoption and incorporation into a capital improvement plan, that the improvements are reasonably attributable to the feepayer's land development activity, and that the fees collected which have not been spent are committed for capital improvements which shall be constructed within the next three (3) years. Fees shall be deemed to be spent on the basis of the first fee collected shall be the first fee spent. The refund of fees shall be undertaken through the following process:

    (1)

    A refund application shall be submitted within one (1) year following the end of the sixth year from the date on which the building permit was issued on the proposed development. If the time of refund has been extended the refund application shall be submitted within one (1) year following the end of this extension. The refund application shall include the following information:

    a.

    A copy of the dated receipt issued for payment of the fee;

    b.

    A copy of the building permits;

    c.

    A copy of the receipt issued by the town for payment of the fee; and, if applicable;

    d.

    Evidence that the applicant is the successor in interest to the feepayer.

    (2)

    Within twenty (20) days of receipt of the refund application, the town clerk shall determine if it is complete. If the clerk determines that the application is not complete, he or she shall send a written statement specifying the deficiencies by mail to the person submitting the application. Unless the deficiencies are corrected, the clerk shall take no further action on the refund application.

    (3)

    When the clerk determines that the refund application is complete, he or she shall review it within twenty (20) days, and shall approve the proposed refund if he or she determines the feepayer or his successor in interest has paid a fee which the town has not spent within the period of time permitted under this section. The refund shall include the fee paid plus interest of six (6) percent a year.

    (4)

    Any feepayer or his successor in interest may appeal the clerk's decision on a refund application by filing a petition with the town council within thirty (30) days of a decision by the clerk.

(Ord. No. 87-3, § 3, 3-25-87)