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Subcommittee asks legal counsel whether road-impact fees can be retained, held beyond two years, or require interest on refunds

Harvey County Planning & Zoning Advisory Board/Board of Zoning Appeals · March 27, 2025
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Summary

Harvey County Planning & Zoning subcommittee asked staff to consult legal counsel on whether entrance-permit fees could be retained by townships, whether fees can be held longer than two years, and whether interest must be paid when fees are returned to homeowners.

The subcommittee raised several legal questions about the mechanics of any road-impact or entrance-permit fee: whether an entrance-permit fee could be structured so townships may keep the revenue instead of refunding it to the county, whether fees could be held for longer than two years and used across a larger area than an individual mile, and whether interest is required when fees are returned to homeowners if not used.

Members directed staff to consult county legal counsel to clarify these points. The minutes record that several of these questions require legal review; no formal action was taken at the meeting.