[Adopted 9-27-2006, effective 9-27-2006; amended 8-14-2007]
This Policy establishes guidelines for the refund of excess
payments or incorrectly paid billings from the County.
A. Property taxes.
(1) Any person, organization, partnership, or corporation claiming a
refund is due for overpayment or erroneous payment of taxes shall
submit a written request to the Receiver of Taxes providing details
about dates, amounts, and other information supporting the request.
(2) Excess monies received by the County for payment of taxes shall be
refunded to the payer or owner of record within 60 days of validation
by the County of overpayment. If a reimbursement request is not received,
any overpayment will by default be applied to the next tax year as
a credit. Credit balance notices, if any, shall be mailed within 90
days of the annual tax year due date.
(3) The County shall pay no interest on excess payments held by it, whether
or not a refund is made.
(4) The County shall refund a tax collected by it on behalf of a school
district or other entity, such as but not limited to a fire district,
only after the district or entity has authorized such refund pursuant
to Title 14 or other such applicable provisions of the Delaware Code.
Such refunds, if any, shall then be processed and paid by the County
and deducted from subsequent distributions of tax revenues to the
receiving agency in question. The County shall not pay or refund any
earned interest to a receiving agency for any funds held or previously
held by it.
(5) Because annual assessment appeals as well as internal audits of assessments
by the County, and any reductions in assessments resulting therefrom,
apply only to the succeeding and not the current tax year, the County
will not reduce an assessment or the property taxes based thereon
for the current tax year; hence, no refund of paid current year property
taxes (or credit against future property taxes) shall be due. In addition,
any reduction in an assessment made during any particular year shall
not be applied retroactively and no retroactive refund (or credit)
shall be due. Notwithstanding the above, Kent County Levy Court may
authorize a refund of excess taxes collected as a result of widespread
or systematic error on the part of Kent County.
(6) Refunds of paid property taxes, or credits against future taxes,
may be made pursuant to 9 Del. C. § 8618. This statute provides
for refunds of excess taxes paid as a result of administrative errors
by the County that are unrelated to the assessment, or paid by mistake
of the taxpayer. The statute does not provide for refunds of taxes
paid pursuant to a valid County assessment. Any assessment not timely
appealed by the property owner is a valid County assessment, as provided
in 9 Del. C. § 8313.
B. Building permits and surcharges.
(1) If a building permit application is withdrawn prior to the start
of construction but after a building permit is issued, no more than
50% of the fee shall be refunded. If a fee or surcharge is calculated
erroneously, the difference between the overcharge and correct sum
shall be refunded within 60 days of notification or determination
of the error. No refund shall be due after construction begins or
the permit has expired. The Director of Planning Services shall authorize
a refund subject to the concurrence of the Finance Director.
(2) Once a surcharge is collected and distributed, the County shall refund
it or a portion thereof upon determination that an error was made
at no fault of the applicant. Such refunds, if any, shall be deducted
from subsequent distributions of surcharges to the receiving agency/entity
in question. The County shall not pay or refund any earned interest
to a receiving agency/entity for any funds held or previously held
by it.
(3) No person or agency/entity shall be entitled to a refund of any fee
paid to the County in error after a period of one year, unless specifically
authorized by a majority vote of the Kent County Levy Court.
C. Planning and zoning filing fees.
(1) Requests for withdrawal of an application submitted for appeal, variance,
conditional use, conditional use with site plan, rezoning, subdivisions,
or text amendment shall be submitted and processed in accordance with
the provisions of the Kent County Code, Part II, Chapter 139.
(2) Upon receipt of an application and filing fee(s), a portion of the
fee may be refunded based on the amount of administrative work that
has transpired at the time notice of withdrawal is received. Twenty
percent of the application filing fee will be refunded for each of
the following administrative steps not yet begun:
(a)
Creation of administrative file.
(c)
Final preparation of legal notice.
(d)
Posting of property for public hearing by Regional Planning
Commission or Board of Adjustment, after which there shall be no refund.
(3) No person or agency/entity shall be entitled to a refund of any application
or filing fee paid to the County in error after a period of one year,
unless specifically authorized by a majority vote of the Kent County
Levy Court.
D. Sewer-related fees.
(1) The Public Works Director may authorize a refund of an unused sewer
connection permit or similar fee within 18 months from the date of
issuance, subject to concurrence of the Finance Director, less an
administrative fee pursuant to County ordinance. Upon payment of the
refund, the sewer connection or related type permit shall become null
and void.
(2) The Public Works Director may authorize the refund of unused sewer
impact fees to the original payer or legal successor, and such refund
shall forfeit any and all claims to sewer system access and/or capacity.
E. Parks and recreation fees.
(1) Registration fees for recreation programs/activities must be paid
in advance and shall be refunded in full to the payer of record if
the County cancels the program/activity. If a participant cancels
his/her participation in a program at least five days prior to the
first scheduled day, a full refund shall be paid, less a processing
fee pursuant to County ordinance. Refunds will not be given for any
other reason.
(2) Any application fee paid for use of a County park or facility, if
authorized, must be paid at least 15 days in advance and shall be
refunded in full to the payer of record if the County cancels the
use of the park or facility. If a reservation is cancelled by the
applicant 30 days or more before the scheduled event, the fee shall
be refunded, less a processing fee pursuant to County ordinance. If
such cancellation occurs within 15 days of the event, no refund shall
be paid.
[Amended 4-26-2011 (P11-02)]
F. Library collection replacement fees.
(1) If a patron pays for a lost library book or other library resource
(such as a DVD or CD) and subsequently returns the item(s) in good
condition within 30 days, he/she shall be refunded the payment less
a processing fee pursuant to County ordinance. After 30 days no refund
shall be given.
(2) Loss of service. If a patron owes more than $10 in fines, lost books,
program-related fees, etc., there will be a loss of service to remove
books and any other library materials from the library until all fines,
etc. are brought up-to-date.
G. Miscellaneous fees for services and service charges.
(1) Any fee payer claiming a refund is due for overpayment or erroneous
payment of a fee(s) shall submit a written request to the County through
the Director of Finance providing essential details such as dates,
amounts, and other information supporting the request.
(2) Excess monies received by the County for payment of any fee not specifically
detailed elsewhere in this Policy shall be refunded within 60 days
of validation of overpayment to the payer or owner of record.
(3) The County shall pay no interest on excess payments held by it, whether
or not a refund is made.
(4) The County shall refund any miscellaneous fee or service charge or
a portion thereof collected by it on behalf of another entity upon
determination that an error was made. Such refunds, if any, shall
then be processed and paid by the County and deducted from subsequent
distributions of fee revenues to the receiving agency/entity in question.
The County shall not pay or refund any earned interest to a receiving
agency/entity for any funds held or previously held by it.
(5) No person or agency/entity shall be entitled to a refund of any fee
paid to the County in error after a period of one year, unless specifically
authorized by a majority vote of the Kent County Levy Court.
H. All individual requests submitted to the County for refunds of fees
and service charges under $5,000 by vendors or customers are subject
to approval by the Finance Director. Any refund requests of fees and
service charges exceeding $5,000 require approval by Levy Court.
I. Claim for credit or refund of an overpayment of any tax or fee shall
be submitted in accordance herewith within three years from the date
of the overpayment. No credit or refund shall be allowed or made after
the expiration of the three-year period or of a lesser period of time
where specified in state law, County ordinance or elsewhere in this
Policy.
J. The Finance Director shall develop appropriate forms and guidelines
for the efficient administration of this Policy.
K. This Policy shall become effective immediately upon adoption by the
Levy Court.