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ORDINANCE NO. 2018-027 <br />for which impact fees have been paid, may make application to the <br />department to reduce the number of ERUs assigned and seek <br />corresponding reimbursement of impact fees paid, as they are resold by <br />the county. The county may refund impact fees actually paid, without <br />interest, based on the impact fee schedule in effect at the time of original <br />payment or at the prevailing rate, whichever is less, provided the <br />department has resold such ERUs since the impact fee refund <br />application was made. Subsequent water use or sewage flow in excess <br />of flows corresponding to customer's number of assigned ERUs will be <br />subject to the provisions of this chapter. <br />Any customer who purchased ERUs, and the account for such ERUs is <br />current, and the customer has not connected to the system may make <br />application to the department for a refund provided application is made <br />within twenty-four (24) months of the payment of impact fees. <br />Reimbursement will be based on the impact fee schedule in effect at the <br />time of original payment. <br />Any customer who has a reserve account affiliated with an assessment <br />paid in lieu of impact fees affiliated with certain voluntary assessments <br />that were adopted by resolution between 1984 and 1989 and the reserve <br />account is current, may make application to the department for a refund <br />of the amount of the assessment paid, so long as the property is either <br />undeveloped or located 200 or more feet from an existing water and/or <br />sewer line, whichever is applicable. Refunds will be eauated to a Der <br />ERU basis and refunded at the amount actually Daid. <br />Section 3. Codification. It is the intention of the Board of County Commissioners that the <br />provision of this ordinance shall become and be made part of the Indian River County Code, <br />and that the sections of this ordinance may be renumbered or re -lettered and the word <br />ordinance may be changed to section, article or such other appropriate word or phrase in order <br />to accomplish such intention. <br />Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional <br />by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by <br />such holding and shall remain in full force and effect. <br />Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby <br />repealed. <br />E <br />