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Last modified
2/11/2021 1:16:30 PM
Creation date
10/5/2015 9:12:31 AM
Metadata
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Ordinances
Ordinance Number
2012-002
Adopted Date
02/21/2012
Agenda Item Number
10.A.1.
Ordinance Type
Impact Fees
State Filed Date
03\05\2012
Entity Name
Traffic Impact Fees
Code Number
Section 1010.05 County Code
Subject
Impact Fees Refund - Traffic
Supplemental fields
SmeadsoftID
10957
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ORDINANCE NO. 2012 - 002 <br />reasonably reliable Staff shall not be required to send notice to any owner who applies directly <br />to the County Community Development Department and completes executes and submits the <br />application materials, <br />(e) each eligible owner shall have until September 30, 2012 to submit the <br />application materials to the County Community Development Department, and until November <br />30 2012 to correct deficiencies if any, in the submitted application materials, <br />(f) upon receipt of the completed and executed application materials and, <br />if deemed necessary by county staff, upon verification by staff of information contained in the <br />application materials the County shall deliver or mail a refund check in the amount of the impact <br />fee paid plus calculated interest to each eligible owner (pro -rated for multiple owners), unless <br />written instructions or authorization to the contrary signed by the owner are received by the <br />County, or unless the owner has assigned the refund to a third party. No fee shall be charged by <br />the County for receiving and processing the application materials, <br />(g) if the eligible owner fails to submit the application materials to the <br />County Community Development Department by September 30 2012 or fails to correct <br />deficiencies if any, in the submitted materials by November 30, 2012, the eligible owner shall be <br />deemed to have irrevocably waived any right to the refund set forth in this section, <br />(h) for the purposes of this section the term "application materials" shall <br />mean a) an application in affidavit form duly signed by the eligible owner applying for the <br />refund and verifying <br />_that he/she was the owner of the eligible property as of February 21, 2012, <br />and (b) an IRS Form W-9 completed and signed by each payee on the refund check. If the <br />eligible property is owned by two or more owners only one owner is required to sign the <br />affidavit but all payees must sign an IRS Form W-9, <br />(i) notwithstanding the above if the Total Refund Amount is not fully <br />refunded to eligible owners (including third party assignees or authorized payees) as a result of <br />the refund process set forth above then a second refund process shall take place following the <br />same procedure revised as follows: (i) the total refund amount for the second refund process <br />shall be the sum of any amount of the Total Refund Amount which was not refunded as a result <br />of the first refund process (excluding the amount of any refund which the owner waived and <br />requested that the amount be used for road expansion projects on the south barrier island), and <br />(ii) initial notice to eligible owners shall be sent no later than December 15, 2012, applications <br />shall be submitted no later than July 31 2013 and deficiencies if any, in application materials <br />shall be corrected no later than September 30, 2013, <br />(j) issues which may arise during the implementation of this section may <br />be decided by staff, subject to a right of appeal to the Board filed in writing with the County <br />Community Development Department within twenty (20) days of notice of staff's decision, and <br />
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