(A) An impact fee must be refunded to the owner of record of property on which a development impact fee has been paid if:

(1) the impact fees have not been expended within three years of the date they were scheduled to be expended on a first-in, first-out basis; or

Terms Used In South Carolina Code 6-1-1020

  • Development: means construction or installation of a new building or structure, or a change in use of a building or structure, any of which creates additional demand and need for public facilities. See South Carolina Code 6-1-920
  • Governmental entity: means a county, as provided in Chapter 9 of Title 4, and a municipality, as defined in § 5-1-20. See South Carolina Code 6-1-920
  • impact fee: means a payment of money imposed as a condition of development approval to pay a proportionate share of the cost of system improvements needed to serve the people utilizing the improvements. See South Carolina Code 6-1-920

(2) a building permit or permit for installation of a manufactured home is denied.

(B) When the right to a refund exists, the governmental entity shall send a refund to the owner of record within ninety days after it is determined by the entity that a refund is due.

(C) A refund must include the pro rata portion of interest earned while on deposit in the impact fee account.

(D) A person entitled to a refund has standing to sue for a refund pursuant to this article if there has not been a timely payment of a refund pursuant to subsection (B) of this section.

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