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and renters, should not these groups benefit from any refund paid because the <br />expected public facilities were not provided on time? The Orange County <br />Impact Fee Ordinance provides that refunds are to be returned "to the feepayer, <br />or the land owner if the address of the feepayer provided to Orange County is <br /> <br />not current .... ,,61 <br /> <br /> Credits for Facilities Provided Directly by the Developer <br /> <br /> One important matter in many impact fee systems is how developers' will <br />be credited for site dedications and the construction or installation of public <br />facilities and improvements that are provided as a part of the development <br />process. Both the rational nexus test and fundamental fairness require that the <br />amount of the impact fee assessed against a developer or builder be reduced if <br />impact fees are intended to fund the very purchase of land or the construction of <br />a facility that the developer provides in kind. For example, a developer might <br />voluntarily widen a road on the perimeter of a new shopping center if that road <br />improvement were scheduled to be funded with impact fees and the amount the <br />developer would spend to build the road was less than the portion of the <br />developer's impact fee bill attributable to that road improvement. Or, a <br />developer may deserve a credit because the requirements of a land subdivision <br />or zoning ordinance required it to dedicate right-of-way for and construct a <br />particular road that directly serves its residential subdivision if that road is a <br />facility that is to be funded with impact fees. In other wordsl a developer may <br />deserve impact fee credits for complying with other exaction requirements when <br />both requirements apply to the same facility. <br /> <br />61. Orange County Impacl'Fee Ordinance, § 5(E). <br /> 57 <br /> <br />52 <br /> <br /> <br />