(A) Refunds. A refund (or partial refund) will be paid to any current owner of property within the town who submits a written request to the town and demonstrates that:
(1) The permit(s) that triggered the collection of the development impact fee have expired or been voided prior to the commencement of the development for which the permits were issued and the development impact fees collected have not been expended, encumbered, or pledged for the repayment of financing or debt; or
(2) The owner of the subject real property or its predecessor in interest paid a development impact fee for the applicable capital facility on or after August 1, 2014, and one of the following conditions exists:
(a) The capital facility designed to serve the subject real property has been constructed, has the capacity to serve the subject real property and any development for which there is reserved capacity, and the service which was to be provided by that capital facility has not been provided to the subject real property from that capital facility or from any other infrastructure.
(b) After collecting the fee to construct a capital facility, the town fails to complete construction of the capital facility within the time period identified in the Infrastructure Improvements Plan, as it may be amended, and the corresponding service is otherwise unavailable to the subject real property from that capital facility or any other infrastructure.
(c) For a category of necessary public services other than water or wastewater facilities, any part of a development impact fee is not spent within ten years of the town's receipt of the development impact fee.
(d) Any part of a development impact fee for water or wastewater facilities is not spent within 15 years of the town's receipt of the development impact fee.
(e) The development impact fee was calculated and collected for the construction cost to provide all or a portion of a specific capital facility serving the subject real property and the actual construction costs for the capital facility are less than the construction costs projected in the Infrastructure Improvements Plan by a factor of 10% or more. In such event, the current owner of the subject real property shall, upon request as set forth in this division (A), be entitled to a refund for the difference between the amounts of the development impact fee charged for and attributable to such construction cost and the amount the development impact fee would have been calculated to be if the actual construction cost had been included in the fee report. The refund contemplated by this subsection shall relate only to the costs specific to the construction of the applicable capital facility and shall not include any related design, administrative, or other costs not directly incurred for construction of the capital facility that are included in the development impact fee as permitted by A.R.S. § 9-463.05.
(B) Earned interest. A refund of a development impact fee shall include any interest actually earned on the refunded portion of the development impact fee by the town from the date of collection to the date of refund.
(C) Owner of record. All refunds shall be made to the record owner of the property at the time the refund is paid.
(D) Refund to government. If a development impact fee was paid by a governmental entity, any refund shall be paid to that governmental entity.
(Res. 2774, passed 5-15-14; Am. Ord. 847, passed 5-15-14)