§ 8.7-44. Use of transportation impact fees.

A.

The board has established five (5) separate trust accounts for the transportation impact fees, to be designated as the North Transportation Impact Fee District Trust Account, the South Transportation Impact Fee District Trust Account, the Central Transportation Impact Fee District Trust Account, the East Transportation Impact Fee District Trust Account, and the West Transportation Impact Fee District Trust Account, which accounts shall be maintained separate and apart from all other accounts of the county. All transportation impact fees shall be deposited into the appropriate trust account immediately upon receipt.

B.

The monies deposited into the respective transportation impact fee trust accounts shall be used solely for the purpose of constructing or improving transportation network roads within the applicable transportation impact fee district; provided, however, that transportation impact fees collected from one transportation impact fee district may be expended on a qualified project in an adjacent transportation impact fee district so long as the board has determined that the project provides a benefit to both transportation impact fee districts and the need for the project is rationally related to the road impact construction occurring in both transportation impact fee districts. Such construction or improvement shall include, but is not limited to:

1.

Design and construction plan preparation;

2.

Any permitting or application fees necessary for the construction;

3.

Right-of-way acquisition, including any costs of acquisition or condemnation;

4.

Construction of new through lanes;

5.

Construction of new turn lanes;

6.

Construction of new bridges;

7.

Design and construction of new drainage facilities in conjunction with new roadway construction;

8.

Purchase and installation of traffic signalization;

9.

Construction of new curbs, medians and shoulders;

10.

Relocating utilities to accommodate new roadway construction;

11.

Construction management and inspection;

12.

Surveying, soils and materials testing;

13.

Repayment of monies transferred or borrowed from any budgetary fund of the county, including but not limited to adjacent transportation impact fee district trust accounts, which were used to fund any of the growth-necessitated improvements and additions to the transportation network;

14.

Costs related to the administration, collection and implementation of the respective transportation impact fees;

15.

Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the county to fund growth-necessitated improvements and additions to the transportation network;

16.

Fees for professional services, including but not limited to engineering, surveying, soils and materials testing, legal, appraisals and construction management; and

17.

Construction of new sidewalks, bikeways, trails and similar facilities along existing or new transportation network roads when part of a capital improvement project adding new capacity to the subject road.

C.

Funds on deposit in the transportation impact fee trust accounts shall not be used for any expenditures that would be classified as maintenance or repair expenses.

D.

A report will be prepared annually by the county reflecting the collection and expenditures of the transportation impact fees by the county during the previous year.

E.

Any funds on deposit which are not immediately necessary for expenditure shall be invested by the county. All income derived from such investments shall be deposited in the respective transportation impact fee trust accounts and used as provided herein.

(Ord. No. 18-048, § IV(4.04), 7-24-18)