§ 18-55. Refunds for off-site utility extensions.

The developer shall be eligible to receive a refund of the cost of constructing off-site extensions from capital cost recovery charges that the county collects from the area being developed under the following terms and conditions:

(a)

Developers shall be eligible to receive a refund of 50 percent of the construction cost of no more than 3,000 feet of an off-site extension.

(b)

Developers shall not be eligible to receive a refund for off-site extensions through or adjacent to property (i) which had received tentative subdivision approval or schematic plan approval before the extension contract between the developer and the county was executed; (ii) when the off-site property has been subdivided from the developer's original development; (iii) when the off-site property is a road or creek that separates the developer's property from the existing utility system; or (iv) when the off-site extension is inconsistent with the Utilities Facilities Plan or the policies and procedures of the department of utilities.

(c)

The developer shall receive 55 percent of each capital recovery charge collected from the area being developed (i) after the county has made all oversizing refunds and (ii) until the eligible cost of the off-site extension is refunded or five years has passed from the date of the extension contract between the county and the developer, whichever occurs first, unless the board of supervisors authorizes a longer period.

(d)

The total refund paid to all developers in a fiscal year shall not exceed the amount approved by the board of supervisors for refunds in the department of utilities' budget. Developers shall not receive refunds from a capital cost recovery charge in any fiscal year other than the year in which the capital cost recovery charge was paid.

(Code 1978, §§ 20-39.1, 20-71.1)

(Code 1978, §§ 20-39.1, 20-71.1)