§ 22-41. Impact fee trust account and use of monies.

(a)

A separate transportation benefit district account shall be established for each road benefit district and funds shall be deposited accordingly. Such accounts shall be known as the "transportation impact fee trust account." Effective for any transportation impact fee paid on or after February 11, 2019, the transportation benefit districts have been redrawn and increased in number from three (3) to four (4). Transportation impact fees collected on or before February 10, 2019, shall be expended in the district in which they are collected, utilizing the three (3) districts previously established. Transportation impact fees collected on or after February 11, 2019, shall be expended in the district in which they were collected utilizing the four (4) districts effective as of that date.

(b)

All funds collected from transportation impact fees shall be used solely for the purpose of providing capital improvements to transportation facilities associated with the arterial and collector road network under the jurisdiction of the county, or the state, and shall not be used for maintenance or operations. Such improvements shall be of the type as are made necessary by new development.

(c)

All funds shall be used exclusively for capital improvements within the transportation benefit district in which the funds were collected or for projects in other transportation benefit districts which are of direct benefit to the transportation benefit districts from which the funds were collected. In the event, funds collected in one (1) transportation benefit district are to be utilized for a project in another transportation benefit district that is of direct benefit to the transportation benefit district in which the funds were collected, such use shall be approved by a majority of the municipalities in the transportation benefit district within which the funds were collected. Said recommendation shall be forwarded to the board of county commissioners through the county manager or designee. The board of county commissioners shall approve the use of funds collected in one (1) transportation benefit district for a project in another transportation benefit district after a specific finding that there shall be a direct benefit to the transportation benefit district in which the funds were collected. Funds shall be expended in the order in which they are collected.

(d)

Each fiscal year the county manager shall present to the board of county commissioners, a proposed transportation capital improvement program based upon the recommendations of the municipalities within the transportation benefit district and the department of public works which shall assign funds, including any accrued interest, from the transportation impact fee trust account, to specific road improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal year shall be retained in the same transportation benefit district account until the next fiscal year, except as provided elsewhere in this chapter. The board of county commissioners shall hold a public hearing to adopt the program including any amendments which the board of county commissioners determines are necessary.

(e)

The governmental authority issuing the permit or other approval for the development shall determine whether road improvements constructed by the person seeking to develop land are "site-related" or "nonsite-related" as defined herein. In the event the permitting authority has a question as to whether a particular improvement is site-related or nonsite-related, the county shall be consulted and make the final decision.

(Ord. No. 2007-60, § 1, 12-11-07; Ord. No. 2013-7, § 3, 2-12-13; Ord. No. 2018-52, § 6, 11-6-18)