(a) Any road 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) Road impact fees collected shall be encumbered for the construction of road facilities within six years of the date of collection.
(c) In the absence of a fee agreement and in the event impact fees are not encumbered within six years from the date of collection, the City shall refund the amount of the fee along with accrued interest at a rate of three percent (3%) to the owner of the land for which the fee was collected. For the 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. The owner of the property on which an impact fee has been paid shall have standing to sue for a refund under the provisions of this section, however no action shall be commenced after one year after the date of expiration of the required encumbrance date.
(d) The present owner of land may apply for a refund and previously paid road impact fees. The application for a refund shall include the following information:
(1) A notarized sworn statement that the Fee Payer of his predecessor in interest paid the road impact fee for the property and the amount paid;
(2) A copy of the dated receipt issued by the City for payment of the fee;
(3) A certified copy of the latest recorded deed for the property; and
(4) A copy of the most recent ad valorem tax bill.
(e) Within fifteen working days of receipt of the application, the City Engineer shall determine if the application is complete. If the City Engineer 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 City Engineer shall take no further action on the Refund Application.
(f) When the City Engineer determines the Refund Application is complete, he or she shall, within fifteen working days, review the application and shall approve the proposed refund if he or she determines the Fee Payer has paid a road impact fee which the City has not spent or encumbered within six years from the date the fees were paid.
(g) Any Fee Payer may appeal the City Engineer’s decision on a Refund Application by filing a petition to the Impact Fee Review Board within ten days of the decision by the City Engineer.
(Ord. 07-07. Passed 2-7-07.)
(Ord. 07-07. Passed 2-7-07.)