Development impact fees shall be refunded to the fee payer, or to a successor in interest, in the following circumstances:
A. Service is available but never provided;
B. A building permit, or permit for installation of a manufactured home, is denied, or abandoned;
C. The fee payer pays a development impact fee under protest and a subsequent review of the fee paid or the completion of an individual assessment determines that the fee paid exceeded the proportionate share to which the City was entitled to receive; or
D. The City has collected a development impact fee and has failed to appropriate or expend the collected fees pursuant to section 9-5-10-02 of this chapter. (Ord. 2021-03, 3-22-2021)