A. There is hereby established a Parks and Recreation Impact Fee Fund into which shall be deposited all parks and recreation impact fees for the purpose of ensuring parks and recreation impact fees collected pursuant hereto are designated for the accommodation of parks and recreation capital improvements reasonably necessary to serve new development that paid the impact fee.
B. The fund shall be an interest bearing account which shall be accounted for separately from other Impact Fee Funds and from other City funds. Any interest or other income earned on monies deposited in a fund shall be credited to such fund. Expenditures of impact fees shall be made only for the category of system improvements for which the impact fees were collected and as identified in the capital improvements plan.
C. Except as otherwise provided herein, monies from the fund, including any accrued interest, shall be limited to the financing of acquisition, expansion, and/or improvement of capital improvements, or for principal and interest payments on bonds or other borrowed revenues used to acquire, expand or improve such capital improvements, necessary to serve new development. Impact fees in each fund shall be spent within eight (8) years from the date such impact fees were collected on a first in/first out (FIFO) basis. The City may hold the impact fees longer than the prescribed time period if the City identifies, in writing: 1) a reasonable cause why the impact fees should be held longer; and 2) an anticipated date by which the impact fees will be expended but in no event longer than eleven (11) years from the date the impact fees were collected.
D. The Fee Administrator shall prepare annual reports to be provided to the Advisory Committee and the City Council, which reports shall: 1) describe the amount of all impact fees collected, appropriated or spent for system improvements during the preceding year, as applicable, by category of public facility and service area; and 2) describe the percentage of tax and revenues other than impact fees collected, appropriated or spent for system improvements during the preceding year, as applicable, by category of public facility and service area.
E. Funds shall be deemed expended when payment of such funds has been approved by the City. The fee payer or successor in interest shall be entitled to a refund of the impact fee if: 1) service is available but never provided; 2) a building permit or permit for installation of a manufactured home is revoked or abandoned; 3) the City, after collecting the impact fee when service is not available, has failed to appropriate and expend the collected impact fees; or 4) the fee payer pays an impact fee under protest and a subsequent review of the impact fee paid or the completion of an individual assessment determines that the impact fee paid exceeded the proportionate share to which the City was entitled to receive.
F. When the right to a refund exists, within ninety (90) days after the City determines that a refund is due, the City shall provide written notice of entitlement to a refund, to the owner of record and the fee payer who paid the impact fees at the address shown on the application for development approval, or to a successor in interest who has notified the City of a transfer of the right or entitlement to a refund and who has provided to the City a mailing address. When the right to a refund exists, the City shall also publish the notice of entitlement to a refund within thirty (30) days after the expiration of the eight (8) year period after the date that the impact fees were collected. Such published notice shall contain the heading "Notice of Entitlement to Impact Fee Refund".
G. A refund shall include interest at one-half (1/2) the legal rate provided for in section 28-22-104, Idaho Code, from the date on which the impact fee was originally paid.
H. In order to be eligible for a refund, a fee payer, successor in interest or owner of record shall file a written application for a refund with the Fee Administrator within six (6) months of the time such refund becomes payable under this chapter, or within six (6) months of publication of the notice of entitlement to a refund, whichever is later. If a successor in interest claims a refund of impact fees, the Fee Administrator may require written documentation that such rights have been transferred to the claimant prior to issuing the requested refund. Refunds shall be paid within sixty (60) days after the date on which the Fee Administrator determines that a sufficient proof of claim for a refund has been made.
I. Any person entitled to a refund shall have standing to sue for a refund under the provisions of this chapter if there has not been a timely payment of a refund as provided herein. (Ord. 804, 2019)