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A. Pursuant to this Title, impact fees:

1. Shall be used for public facility improvements that will reasonably benefit the new development;

2. Shall not be imposed to make up for deficiencies in the facilities serving existing developments;

3. Shall not be used for maintenance or operation; and

4. Shall not be used to supplant or reduce the percentage of General Fund amounts used to mitigate the impact of new development on park system facilities.

B. Impact fees may be spent for improvements listed in the capital facilities plan and identified as being funded in part by impact fees. Expenditures may include, but are not limited to, facility planning, land acquisition, site improvements, necessary off site improvements, construction, engineering, architectural, permitting, financing, grant matching funds and administrative expenses, applicable impact fees or mitigation costs, capital equipment pertaining to public facilities, and any other expenses which can be capitalized and are consistent with the Comprehensive Plan.

C. Impact fees may also be used to recoup public facility improvement costs previously incurred to the extent that new growth and development will be served by the previously constructed improvements or incurred costs.

D. In the event that bonds or similar debt instruments are or have been issued for the construction of public facility or system improvements for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this Section and are used to serve the new development. Capital Facilities Plans using impact fees for the purpose of assisting in the provision of capital facilities or facility systems must clearly differentiate between funds used for new improvement and those funds used to correct existing deficiencies.

E. The applicant may request a breakdown of where their impact fees were expended. The request for a breakdown of impact fee expenditures must be made in writing and submitted to the County Engineer within ten years of receipt of the impact fees. The County will provide the requested breakdown of fees within 180 days of receipt of the request.

F. In unincorporated areas of the County where a park district provides park facilities, park impact fees may be used in partnership with local park districts to provide park district capacity improvements.

(Ord. 2016-51s § 1 (part), 2016; Ord. 2012-63 § 1 (part), 2013; Ord. 2006-60s § 1 (part), 2006; Ord. 96-122S § 1 (part), 1996; Ord. 96-105S2 § 1 (part), 1996)