A.    This chapter is enacted pursuant to Chapter 17, Laws of 1990, 1st Ex. Sess. or any successor state statute.B.    It is the purpose of this chapter to:1.    Ensure that adequate facilities are available to serve new growth and development;2.    Promote orderly growth and development by requiring that new development pay a proportionate share of the cost of new facilities needed to serve growth; and3.    Ensure that impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees or duplicate fees for the same impact.

For the purposes of this chapter, the following definitions apply:(Amended: Ord. 2024-02-03)

This chapter shall be uniformly applicable to applicable development as defined in Section 40.610.020 that occurs within a designated service area.

A.    No building permit shall be issued for applicable development in a designated service area as defined in this chapter unless the impact fee is calculated and imposed pursuant to this chapter.(Amended: Ord. 2018-10-02)B.    Impact fees shall be calculated at the time of building permit issuance.(Amended: Ord. 2005-04-12; Ord. 2018-10-02)C.    For applicable development not necessitating or having been previously granted preliminary plat, preliminary short plat or site plan approval, the impact fee shall be calculated and imposed at the time of building permit application.(Amended: Ord. 2018-10-02)D.    For applicable development not necessitating a building permit, the impact fee shall be calculated and imposed at the time of site plan approval.(Amended: Ord. 2018-10-02)E.    For manufactured home parks, the impact fee shall be calculated and imposed at the time of site plan approval.(Amended: Ord. 2016-06-12; Ord. 2018-10-02)

A.    To defer the payment of impact fees, an application must be submitted prior to the issuance of either a single-family detached or attached residential building permit. Deferral of payment may only extend until scheduling of final building inspection by the county. For these purposes “attached single-family” shall be limited to common wall housing with no more than one (1) unit per legal lot.(Amended: Ord. 2024-03-01)B.    The amount of impact fees deferred shall be consistent with the provisions of Section 40.610.040. “Applicant” as defined in this section shall include an entity that controls the applicant, that is controlled by the applicant, or is under common control with the applicant.(Amended: Ord. 2024-03-01)C.    “Administrative fee” is defined as the processing/monitoring cost and interest cost to the county and school districts of deferring payments for up to eighteen (18) months. There will be no administrative fee for this program at this time.(Amended: Ord. 2024-03-01)D.    The applicant must submit an impact fee deferral application for each parcel to be developed. This application shall include:1.    A covenant to Clark County promising to pay the deferred impact as a lien to be recorded with the Clark County Auditor against the property involved. The covenant shall be signed by all owners of the property, with signatures acknowledged, as required for a deed, and will encumber the property until the obligation is satisfied. The covenant will bind all successors in interest to the property owners, and will be subordinate to only one (1) mortgage for property purchase and dwelling construction. The applicant will be responsible to record the covenant, at their expense, and provide a recorded copy of the covenant before the applicant may obtain a building permit.2.    The deferral period shall not exceed eighteen (18) months from issuance of the building permit, at which time any deferred impact fees shall be due.3.    The number of lots eligible for deferral is limited to twenty (20) at any given time per applicant.4.    Upon receipt of all deferred impact fees, Clark County shall execute release of the lien for the property. The property owner at that time shall be responsible for recording the release, at their expense.5.    Clark County may institute foreclosure proceedings for delinquent but unpaid impact fees. For unpaid school impact fees, school districts may also institute foreclosure proceedings if Clark County has not done so within forty-five (45) days after receiving notice from the district requesting initiation of such proceedings.(Added: Ord. 2016-12-07; Amended: Ord. 2024-03-01)

Service areas, which may vary by type of public facility, are established as shown on the Clark County facilities plan.A.    Such areas will provide a nexus between those paying the fees and receiving the benefits to ensure that those developments paying impact fees receive substantial benefits.B.    Overlay service areas may be established for identified system improvements designed to serve geographic areas whose boundaries are not generally coterminous with established service areas.C.    Additional or revised service areas may be designated by Council through amendment to the facilities plan upon consideration of the following factors:1.    The comprehensive plan;2.    Standards for adequate public facilities incorporated in the capital facilities plan;3.    The projections for full development as permitted by land use ordinances and timing of development;4.    The need for and cost of unprogrammed capital improvements necessary to support projected development; and5.    Such other factors as Council may deem relevant.(Amended: Ord. 2019-05-07)D.    Service areas abutting an urban growth boundary shall automatically be adjusted to conform with any change in such boundary.

The impact fee component for roads shall be calculated using the following formula:TIF = (size of development by unit of measure/unit of measure) x (daily trips per unit of measure) x (pass-by factor) x (BEF) x (0.85) x (fee per daily trip by district)A.    “Unit of measure” means the associated trip generation rates and other factors by land use type that have been provided in the Traffic Impact Fee Technical Document and supplemented by the current Institute of Transportation Engineers Trip Generation Manual along with the Institute of Transportation Engineers Trip Generation Handbook. The rates shown in the Traffic Impact Fee Technical Document are most commonly used and are based on the Institute of Transportation Engineers Trip Generation Manual and Trip Generation Handbook.B.    “Pass-by factor” means trips that are made as intermediate stops on the way from an origin to a primary trip destination without a route diversion. The pass-by factor can be obtained in the Institute of Transportation Engineers Trip Generation Manual.C.    “BEF” means business enhancement factor; a multiplier of 0.70 used to reduce TIF payment for retail and service-related businesses only. Retail and service related businesses have shorter average trip lengths, reducing impacts on the existing transportation infrastructure.D.    Adjustment of 0.85 is applied for the portion of anticipated additional tax revenues resulting from a development which is pro-ratable to system improvements contained in the capital facilities plan.(Amended: Ord. 2016-06-12; Ord. 2023-01-08)

The impact fee component for parks, open space and recreational facilities shall be calculated using the following formula as further defined in the Park Impact Fee Technical Document adopted by Council in the impact fee revision process pursuant to Section 40.630.010:PIF = (Acquisition Cost + Development Cost) - Cost Adjustment Factor(Amended: Ord. 2019-05-07)A.    “PIF” means the park, open space and recreational facility component of the total development impact fee.B.    1.    “Ca” means the average cost per acre for land appraisal, acquisition, associated due diligence fees and expenses, closing and Level 1 Development for each service area or overlay area as described in the Vancouver-Clark Parks and Recreation Comprehensive Parks, Recreation and Open Space Plan for neighborhood parks, community parks and urban open space, and adopted by Council in the impact fee revision process pursuant to Section 40.630.010.2.    “Cd” means the average cost per acre for site development. Development costs shall be calculated assuming development standards described in the Vancouver-Clark Parks and Recreation Comprehensive Parks, Recreation and Open Space Plan for neighborhood and community parks, and adopted by Council in the impact fee revision process pursuant to Section 40.630.010.(Amended: Ord. 2019-05-07)C.    1.    “Ia” means the percentage annual inflation/deflation adjustment index applicable to the acquisition component, as outlined in the Park Impact Fee Program Technical Document and annually determined by Council in the impact fee revision process pursuant to Section 40.630.010.2.    “Id” means the percentage annual inflation/deflation adjustment index applicable to the development component as outlined in the Park Impact Fee Program Technical Document and annually determined by Council in the impact fee revision process pursuant to Section 40.630.010.(Amended: Ord. 2019-05-07)D.    1.    “Sa” means the parks acquisition standard in acres per thousand residents for neighborhood parks, community parks and urban open space as established in the Vancouver-Clark Parks and Recreation Comprehensive Parks, Recreation and Open Space Plan.2.    “Sd” means the parks development standard in acres per thousand residents for neighborhood and community parks as established in the Vancouver-Clark Parks and Recreation Comprehensive Parks, Recreation and Open Space Plan.E.    “P” means one thousand (1,000).F.    “U” means the average number of occupants per single-family/duplex dwelling unit or per other multifamily dwelling unit based on the most current applicable statistical census data (U.S. Census Bureau or Washington State Office of Financial Management census data for persons per dwelling unit) and as adopted by Council in the impact fee revision process pursuant to Section 40.630.010.(Amended: Ord. 2019-05-07)G.    “A” means an adjustment to the cost of park facilities for past or future payments made or reasonably anticipated to be made by new development to pay for park system improvements in the form of user fees, debt service payments, or other payments earmarked for or pro-ratable to park system improvements. Such adjustment for park impacts is determined to be as set forth below:H.    The Director of the Department of Community Development shall maintain a schedule of current park impact fee rates.I.    At least one copy of the Park Impact Fee Program Technical Document adopted by Council, and the current park impact fee schedule as calculated thereunder, shall be filed in the Office of the Director of the Department of Community Development for use and examination by the public.(Amended: Ord. 2019-05-07)J.    After the effective date of the ordinance codified in this section, park impact fees collected for the costs of acquisition and costs of development required by the ordinance codified in this section shall be deposited into a single fund for expenditure on acquisition and/or development of park infrastructure consistent and in compliance with RCW 82.02.050. Funds collected prior to the date of the ordinance codified in this section shall continue to be expended on acquisition or construction consistent with the fund in which the money was placed at the time of collection.(Amended: Ord. 2009-11-06; Ord. 2014-01-14)

Clark County will collect school impact fees on behalf of any school district whose capital facilities plan has been adopted as a portion of the Clark County comprehensive plan in accordance with the provisions of this section.A.    Plan Submittal.    A school district requesting impact fees shall submit to the county, and update at least every four (4) years, a capital facilities plan adopted by the school board and consisting of the following elements:1.    A “standard of service” which identifies the program year, class size by grade span, number of classrooms, types of facilities, and other factors identified by the school district;2.    The district’s “capacity” over the next six (6) years based upon an inventory of the district’s facilities either existing or under construction and the district’s standard of service;3.    A forecast of future needs for school facilities based upon the district’s enrollment projections;4.    At least a six (6) year financing plan component, updated as necessary to maintain at least a six (6) year forecast period, for financing needed school facilities within projected funding levels;5.    Application of the formula set out in Section 40.620.040 based upon information contained in the capital facilities plan. Separate fees shall be calculated for single-family and multifamily types of dwelling units, based upon the student generation rates determined by the district for each type of dwelling unit. If insufficient information is available for a district to calculate a multifamily student generation rate, a county-wide average shall be utilized. For purposes of this section, duplexes shall be treated as single-family dwellings.(Amended: Ord. 2010-12-12; Ord. 2018-10-02)B.    Planning Commission Review.    The planning commission shall review a school district’s capital facilities plan or plan update in accordance with the provisions of this subsection.1.    Factors. The planning commission shall consider:a.    Whether the district’s forecasting system for enrollment projections appears reasonable and reliable; andb.    Whether the anticipated level of state and voter-approved funding appears reasonable and historically reliable; andc.    Whether the standard of service set by the district is reasonably consistent with standards set by other school districts in communities of similar socioeconomic profile; andd.    Whether the district appropriately applied the formula set out in Section 40.620.040.2.    Public Hearing. In the event the district or the planning commission on its own motion proposes to modify the school impact fee, the planning commission shall not make its recommendation until holding a duly advertised public hearing on the proposal.3.    Recommendation. The planning commission may request a school district to review and to resubmit its capital facilities plan or update consistent with the provisions of this section. The planning commission shall submit an annual report to Council for each school district for which school impact fees are collected.(Amended: Ord. 2018-10-02; Ord. 2019-05-07)C.    Council Action.    No new or revised school impact fees shall be effective until adopted by Council following a duly advertised public hearing to consider the school district’s capital facilities plan or plan update. School impact fees shall not become effective until the school district has entered into interlocal agreement provided for in Section 40.630.090.(Amended: Ord. 2018-10-02; Ord. 2019-05-07)

The impact fee component for schools shall be separately calculated for each participating school district using the following formula:SIF = [CS (SF) – (SM) – (TC)] X A – FCA.    “SIF” means the school component of the total development impact fee.(Amended: Ord. 2025-07-01)B.    “CS” means the cost of each type of facility listed in a school district’s capital facilities plan attributable to new growth divided by the number of students representing a six (6) year increase in students for each type of school facility. Each type of facility means elementary school, middle school and high school.(Amended: Ord. 2025-07-01)C.    “SF” means student factor. The student factor is the number of students typically generated from one (1) residential unit for each type of school facility. This is determined by dividing the total number of residential units in a school district into the current enrollment numbers for each type of school facility, or other methodology that is acceptable to the county.    School districts shall calculate the student factor with each capital facilities plan update as provided for in Section 40.620.030(A)(5).(Amended: Ord. 2025-07-01)D.    “SM” means state match. State match is that amount received from the state toward school construction costs.(Amended: Ord. 2025-07-01)E.    “TC” means tax credit. This is calculated as:(Amended: Ord. 2025-07-01)F.    “FC” means facilities credit. This is the value of any improvements listed in a school district’s capital facilities plan provided by the developer.(Amended: Ord. 2025-07-01)G.    “A” means an adjustment for the portion of the anticipated increase in the public share resulting from exempt residential development pro-ratable to new residential development. This adjustment for school impact is determined to be eighty-five percent (85%).(Amended: Ord. 2025-07-01)

Clark County shall collect fire district impact fees on behalf of any fire district whose capital facilities plan has been adopted as a portion of the Clark County comprehensive plan in accordance with the provisions of this section.A.    Plan Submittal.    A fire district requesting impact fees shall submit to the county, and update at least every five (5) years, a capital facilities plan adopted by the fire district and consisting of the following elements:1.    Fire Protection Services and Inventory: This section provides a narrative description of the fire district operations and the current inventory of stations and apparatus;2.    Capital Projects: This section lists the capital improvements that will eliminate existing deficiencies, make available adequate facilities for future growth, and repair or replace obsolete or worn out facilities;3.    Forecast of Future Needs: This section identifies the level of service standards and analyzes the need for capital improvements to achieve levels of service;4.    Financing Plan: This section lists the funding sources that will pay for needed capital improvements. It also addresses the requirement that the land use element and capital facilities plan element are coordinated and consistent;5.    Periodic Review and Update: This section identifies methods to be used to ensure that the accuracy and functionality of the capital facilities plan is periodically evaluated, updated, and maintained.(Added: Ord. 2024-02-03)B.    Planning Commission Review.    The planning commission shall review a fire district’s capital facilities plan or plan update in accordance with the provisions of this subsection.1.    Factors. The planning commission shall consider:a.    Whether the district’s forecast of future needs appears reasonable and reliable; andb.    Whether the anticipated level of funding described in the district’s financing plan appears reasonable and historically reliable; andc.    Whether the level of service standards set by the district are reasonably consistent with standards set by other districts in communities of similar socioeconomic profile; andd.    Whether the district appropriately applied the formula set out in Section 40.620.060.2.    Public Hearing. In the event the district or the planning commission on its own motion proposes to modify the fire impact fee, the planning commission shall not make its recommendation until holding a duly advertised public hearing on the proposal.3.    Recommendation. The planning commission may request a fire district to review and to resubmit its capital facilities plan or update consistent with the provisions of this section. The planning commission shall submit an annual report to Council for each school district for which school impact fees are collected.(Added: Ord. 2024-02-03)C.    Council Action.    No new or revised fire impact fees shall be effective until adopted by Council following a duly advertised public hearing to consider the fire district’s capital facilities plan or plan update. Fire district impact fees shall not become effective until the fire district has entered into interlocal agreement provided for in Section 40.630.090.(Added: Ord. 2024-02-03)

The impact fee component for fire districts shall be separately calculated for each participating fire district using the following formula:FIF = (A × B)/CA.    “FIF” means the fire impact component of the total development impact fee.(Added: Ord. 2024-02-03)B.    “A” means the total estimated twenty (20) year expenditure attributable to new growth included in the district’s capital facilities plan.(Added: Ord. 2024-02-03)C.    “B” means the percentage of annual calls by land use category, either residential or nonresidential, included in the district’s capital facilities plan.(Added: Ord. 2024-02-03)D.    “C” means the projected growth by number of units per land use category included in the district’s capital facilities plan.(Added: Ord. 2024-02-03)

Impact fees for system improvements shall be expended only in conformance with the capital facilities plan. Impact fees shall be expended or encumbered for a permissible use within ten (10) years of receipt, unless there exists an extraordinary and compelling reason for fees to be held longer than ten (10) years. Such extraordinary or compelling reasons shall be identified in written findings by council.(Amended: Ord. 2009-11-06; Ord. 2016-06-12; Ord. 2019-05-07; Ord. 2025-07-01)

The responsible official shall maintain and update as necessary a schedule of current impact fee rates.

A.    The impact fee for a nonresidential development shall be computed by applying the traffic impact fee formula set out in Section 40.620.010 and the fire district impact fee component set out in Section 40.620.060 and combining the results. The impact fee for a residential development shall be computed by applying the traffic impact fee, park impact fee, school impact fee, and fire district impact fee formulae set out in Sections 40.620.010, 40.620.020, 40.620.040, and 40.620.060, combining the results; provided, that the school impact fee component shall not apply to housing which by design or restrictive covenant is exclusively for persons sixty-two (62) years of age or older.(Amended: Ord. 2024-02-03)B.    If the development for which approval is sought contains a mix of uses, the impact fee must be separately calculated for each type of use.(Amended: Ord. 2024-02-03)C.    The development approval authority setting the impact fee upon application by the developer supported by studies and data may reduce or eliminate such fee if it is shown that:1.    The formulae contained in Sections 40.620.010, 40.620.020, 40.620.040 and/or 40.620.060 do not accurately reflect traffic, park, school, or fire impact; or2.    Due to unusual circumstances:a.    Facility improvements identified for the applicable service area are not reasonably related to the proposed development; orb.    Such facility improvements will not reasonably benefit the proposed development; or3.    The current development proposal implements a concomitant rezone agreement or other development approval pursuant to which public facilities were dedicated or constructed prior to October 1, 1984, which are of benefit to the community at large and which otherwise likely would have been designated as system improvements.(Amended: Ord. 2024-02-03)D.    Prior to making an application for a building permit or site plan approval, an applicant, upon payment of the applicable fee provided for in Title 6, may request an impact fee determination from the director, which determination shall be based upon information supplied by the applicant sufficient to permit calculation of the impact fee. The impact fee determination shall be binding upon the county for a period of one (1) year unless there is a material change in the development proposal, the capital facilities plan or this chapter.(Amended: Ord. 2024-02-03)

A.    The impact fee imposed under this chapter shall be due and payable at the time of issuance of a building permit (or site plan approval when no building permit is required) for the development.*B.    For the transportation impact fee, the developer has the option to pay in a lump sum, without interest, or by installment with reasonable interest over a period of five years. The county will require security for the obligation to pay the transportation impact fee, in the form of a recorded agreement and lien, a deed of trust, a letter of credit, or other instrument determined satisfactory by the development approval authority.(Amended: Res. 2009-06-07; Ord. 2012-05-25)*    Code reviser’s note: Sections 2 and 3 of Resolution 2009-06-07 provide:    “Section 2. Developers of plats meeting the conditions in Section 1 of Resolution No. 2009-04-11, adopted on April 28th, 2009, developing in every school district except the Vancouver School District, may pay the school impact fees in accordance with Section 3 of this Resolution, instead of paying the entire recalculated school impact fees prior to the issuance of building permits as is otherwise required under CCC 40.630.040. Developers in the Vancouver School District shall pay school impact fees prior to the issuance of a building permit.    Section 3. School impact fees may be paid in two installments, provided the developer signs and records a school impact fee assessment in a form that is acceptable to the county and school district attorneys prior to making the first installment payment. The first installment payment shall be paid prior to the issuance of a building permit and shall consist of no less than the school impact fee amount that was calculated at the time of preliminary plat, short plat or site plan approval. The second installment (or all installments if the parcel is sold prior to building permit issuance) shall be paid prior to transferring title to the property (at closing), as reflected in the recorded school impact fee assessment. The person signing the school impact fee assessment is ultimately responsible for ensuring the total impact fee is paid.”

The following developments shall be exempt from the requirement for payment of impact fees:A.    Publicly operated primary and secondary schools, including facilities of an E.S.D., excluding comprehensive high schools. The traffic impact fee for a comprehensive high school may be reduced based on special studies that consider factors such as minimizing the size of school parking lots, adoption/enforcement of no parking and permit parking areas near schools, implementation of commute trip reduction and other travel demand management strategies, scheduling of school activities and events off-peak, and the consideration of pass-by and diverted traffic.B.    The impact fee for an exempt development shall be calculated as provided for in this chapter and paid with public funds. Such payment may be made by including such amount(s) in the public share of system improvements undertaken within the applicable service area.(Amended: Ord. 2007-09-14)

A.    The developer shall be entitled to a credit against the applicable impact fee component for dedication of land for, and reasonable documented construction acceptable to the county engineer associated with the improvement to, or new construction of, any system improvements provided by the developer (or the developer’s predecessor in interest), to facilities that are identified in the capital facilities plan in place at the time impact fees are calculated or recalculated as set forth in Section 40.610.040 and Section 40.630.030. Such dedication or construction must be required by the county as a condition of approval for the immediate development proposal. Credits shall be issued at the time impact fees are imposed as set forth in Section 40.610.040.B.    For the traffic component of the impact fee, credits shall be based upon estimated costs set forth in the capital facilities plan. Credit shall be calculated by multiplying the proportion of the total system improvement being provided by the developer times the estimated cost of such system improvement in the capital facilities plan; provided, that the County Engineer may adjust the credit to account for extraordinary cut, fill or structural costs which are reflected in the plan estimate.C.    Additionally, the developer may be provided a credit against the impact fee in an amount up to ten percent (10%) of the traffic component thereof for the value of mass transit facilities that are approved by the county and made a condition of approval for the development.D.    Where impact fees are owing prior to completion of a system improvement undertaken by the developer, the impact fee shall be reduced by eighty-five percent (85%) of the allowable credit up to the amount of the impact fee for the subject development when the system improvements have been assured by a bond or other guarantee to be completed no later than the date of occupancy for commercial/industrial/multifamily structures or the final building inspection for single-family and other uses. Upon completion of the required system improvement, the remainder of the credits will be issued.E.    Credits recognized by the county may be utilized in lieu of cash payment of impact fees for the subject development and/or any other development within the same service area; provided, that PIF credits shall first be applied to offset impact fees for the subject development.F.    In the Highway 99 Overlay district, the developer may be eligible for credits or trip reductions as set forth in the Traffic Impact Fee Technical Document.(Amended: Ord. 2010-07-07)

The determination of the development approval authority as to the applicability and amount of and credit against an impact fee shall be appealable as provided for in this section. In the case of impact fees set pursuant to residential subdivision, residential short subdivision or site plan approval, the appeal shall be filed in conjunction with, and within the limitation period applicable to, the available administrative appeal from such approval. In the case of impact fees first imposed or recalculated or credits determined in conjunction with a building permit not involving subdivision, short subdivision or site plan approval, the appeal shall be filed pursuant to Chapter 40.510.(Amended: Ord. 2011-08-08)

There is created and established a special purpose, non-lapse impact fee fund. The county auditor shall establish separate accounts within such fund and maintain records for each such account whereby impact fees collected can be segregated by type of facility and by service area.A.    All interest shall be retained in the account and expended for the purposes for which the impact fees were imposed.B.    By April of each year, the county auditor shall provide a report for the previous calendar year on each impact fee account showing the source and amount of moneys collected, earned or received and system improvements that were financed in whole or in part by impact fees.

A.    The county may enter into an interlocal agreement with any city or town located within the county to provide for a coordinated and integrated joint program of impact fees for public roads, streets, parks and open spaces consistent with the provisions of this chapter and state law.(Amended: Ord. 2024-02-03)B.    School impact fees shall not be collected on behalf of any school district until such district enters into an interlocal agreement with Clark County providing for submittal of capital facilities plans, fund administration, report of expenditures, allocation of risk, and other appropriate matters. Where a city adopts a substantially similar school impact fee for a district whose boundaries include portions of unincorporated Clark County, such interlocal agreement may include the city. The interlocal agreement may include a fee to cover the county’s cost of administering the school impact fee program.(Amended: Ord. 2024-02-03)C.    Fire impact fees shall not be collected on behalf of any fire district until such district enters into an interlocal agreement with Clark County providing for submittal of capital facilities plans, fund administration, report of expenditures, allocation of risk, and other appropriate matters. Where a city adopts a substantially similar fire impact fee for a district whose boundaries include portions of unincorporated Clark County, such interlocal agreement may include the city. The interlocal agreement may include a fee to cover the county’s cost of administering the fire impact fee program.(Added: Ord. 2024-02-03)

Impact fees for system improvements shall be expended only in conformance with the capital facilities plan. Impact fees shall be expended or encumbered for a permissible use within six (6) years of receipt, unless there exists an extraordinary and compelling reason for fees to be held longer than six (6) years. Such extraordinary or compelling reasons shall be identified in written findings by Council.(Amended: Ord. 2019-05-07)

A.    The current owner of property on which an impact fee has been paid may receive a refund of such fee if the county fails to expend or encumber the impact fees within six (6) years of when the fees were paid or such other period of time established pursuant to Section 40.630.100 on public facilities intended to benefit the development activity for which the impact fees were paid. In determining whether impact fees have been encumbered, impact fees shall be considered encumbered on a first-in, first-out basis. The current owner likewise may receive a proportionate refund where the public funding of applicable service area projects by the end of such six (6) year period has been insufficient to satisfy the ratio of public-to-private funding for such service area as established in the capital facilities plan. The county shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of claimants.B.    The request for refund money must be submitted to Clark County Council in writing within one (1) year of the date the right to claim the refund arises or the date the notice is given, whichever is later. Any impact fees that are not expended within these time limitations, and for which no application for refund has been made within this one (1) year period, shall be retained and expended on the indicated capital facilities. Refunds of impact fees under this subsection shall include interest earned on the impact fees.(Amended: Ord. 2019-05-07)C.    A developer may request and shall receive a refund, including interest earned on the impact fees, when the building permit for which the impact fee has been paid has lapsed for noncommencement of construction. A partial refund shall be provided where the project for which a building permit has been issued has been altered resulting in a decrease in the amount of the impact fee due.

The impact fee is additional and supplemental to, and not in substitution of, any other requirements imposed by the county on the development of land or the issuance of building permits; provided, that any other such county development regulation which would require the developer to undertake dedication or construction of a facility contained within the county capital facility plan shall be imposed only if the developer is given a credit against impact fees as provided for in Section 40.630.060.(Amended: Ord. 2004-06-09)