(A) Any impact fee collected may be returned to the fee payer if the approved development is cancelled due to non-commencement of construction before the funds have been spent or encumbered. Refunds may be made in accordance with this section, provided the present owner files a petition for a refund within six months from the date of non-commencement.
(B) Impact fees collected shall be encumbered for the construction of facilities within ten years of the date of collection.
(C) (1) In the absence of a fee agreement and in the event impact fees are not encumbered within ten years from the date of collection, the village shall refund the amount of the fee along with accrued interest at a rate of 3% to the owner of the land for which the fee was collected. For purposes of refunds, the owner of the land on which an impact fee was paid shall be the owner of record at the time that the refund is paid.
(2) The owner of the property on which an impact fee has been paid shall have standing to sue for a refund under the provision of this section; however, no action shall be commenced after one year after the date of expiration of the required encumbrance date.
(D) (1) The present owner of land may apply for a refund of previously paid impact fees.
(2) The application for a refund shall include the following information:
(a) A notarized sworn statement that the fee payer or his or her predecessor in interest paid the impact fee for the property and the amount paid;
(b) A copy of the dated receipt issued by the village for payment of the fee;
(c) A certified copy of the latest recorded deed for the property; and
(d) A copy of the most recent ad valorem tax bill.
(E) Within 15 working days of receipt of the application, the Village Administrator shall determine if the application is complete. If the Village Administrator determines the refund application is not complete, he or she shall send a written statement specifying the deficiencies by mail to the person submitting the refund application. Unless the deficiencies are corrected, the Village Administrator shall take no further action on the refund application.
(F) When the Village Administrator determines the refund application is complete, the Village Administrator shall, within 15 working days, review the application and shall recommend the proposed refund for approval by the Village Council if her or she determines the fee payer has paid an impact fee which the village has not spent or encumbered within ten years from the date the fees were paid.
(G) Any fee payer may appeal the Village Administrator's decision on a refund application by filing a petition with the Village Council within ten days of a decision by the Village Administrator.
(Ord. 5-97, passed 1-7-1997; Ord. 17-2017, passed 2-21-2017)