Under certain circumstances, such as double payment, expiration of a building permit, or fee miscalculation due to clerical error, an applicant may be entitled to a refund. Refunds will be reimbursed by the end of the fiscal year on a first come, first served basis, depending upon the net revenue stream. Refunds will only be considered reimbursable if requested within three years of the original LDMF payment. In all cases, the applicant must promptly submit a refund request with proof of LDMF payment to the RCA if the RCA collected the LDMF, or if collected by a local jurisdiction, the refund request shall be submitted to that local jurisdiction, which will subsequently forward the request to RCA for verification, review, and possible action.
(A) Expiration of building permits. If a building permit should expire, is revoked, or is voluntarily surrendered and is therefore voided and no construction or improvement of land has commenced, then the applicant may be entitled to a refund of the LDMF collected which was paid as a condition of approval, less administrative costs. Any refund must be requested within three years of the original payment. The applicant shall pay the current LDMF in effect at the time in full if they reapply for the permit.
(B) Double payments. On occasion due to a clerical error, a developer has paid all or a portion of the required LDMF for a project twice. In such cases, a refund of the double payment may be required.
(C) Balance due. When LDMF is incorrectly calculated due to city clerical error, it is the city's responsibility to remit the balance due to the RCA. The error must be discovered within three years of the original payment for the city to be held accountable. The amount due can be remitted through alternate methods agreed to by the RCA Executive Committee. If first approved through RCA staff in writing, the calculation is not subject to additional review.
(Ord. 2022-364, passed 11-16-2022)