§ 22-40. Transfer of impact fee credits.

The transfer of impact fee credits shall be permitted on a project-by-project basis subject to the following:

(a)

A request to permit the transfer of impact fee credits, if any, shall be submitted simultaneously with the property owner's request to construct road improvements in accordance with section 22-39. All requests to permit the transfer of impact fees credits shall be approved by the board of county commissioners. Untimely requests shall not be considered, nor shall the board of county commissioners consider a request to transfer any impact fee credits distributed by the county to any owner of record prior to the effective date of this subsection, unless the project was specifically approved at the time of submittal to allow the future transfer of such credits.

(b)

The county manager or designee shall establish an account in the name of the owner of record and credit to the account the amount of impact fee credits due and owing as certified by the county manager or designee. In the event the owner of record desires to transfer any portion of the impact fee credits to another party, and the board of county commissioners has previously approved the transfer of credits for the project, the owner of record shall submit a notarized affidavit to the county manager or designee indicating to whom the credits are to be transferred. Upon receipt of the notarized affidavit, the impact fee credits shall be transferred to a similar account established for the transferee.

(c)

The transfer shall become effective upon confirmation by the county manager or designee that the credits have been:

a.

Duly distributed to the transferor;

b.

Approved by the board of county commissioners for transferring; and

c.

Are being transferred within the same transportation benefit district.

The county manager or designee shall notify the transferee when the credits are available to the transferee.

(d)

In no event shall any impact fee credit be transferred outside of the transportation benefit district in which the original project was completed. Any transfer of impact fee credit sheet attempting to transfer such credits outside of the transportation benefit district shall be immediately voided by the county manager or designee.

(e)

In no event shall the transferee be entitled to further transfer those same credits to a second transferee, except as provided for in subsection (h) below.

(f)

All other provisions, policies and procedures that are applicable to the payment of impact fees, or to impact fee credits shall be applicable to the transfer of impact fee credits.

(g)

A schedule of fees may be established by resolution of the board of county commissioners in order to cover the costs of the administrative activities required pursuant to this section.

(h)

A transfer of impact fee credits by an owner of record, or their personal representative or authorized agent, done for the purposes of liquidating an estate or liquidating a business entity shall not be subject to the prohibition contained in subsection (e) above. The transferee under this subsection shall take the place of the owner of record and shall be entitled to avail themselves of the provisions set forth in subsections (a) through (g) above. Prior to transferring the impact fee credits, the owner of record, or their personal representative or authorized agent, shall receive written approval from the county manager or designee, and shall provide the county manager or designee documentation necessary to show that the transfer is warranted in order to effectuate the liquidation of the estate or business entity.

(Ord. No. 2007-60, § 1, 12-11-07; Ord. No. 2013-7, § 3, 2-12-13; Ord. No. 2015-51, § 2, 12-15-15)