A. A refund or partial refund will be paid to any current owner of property within the County who submits a written request to the County and demonstrates that:
1. The permit that triggered the collection of the development impact fee has expired or been voided before the commencement of the development for which the permit was issued and the development impact fees have not been expended or pledged for the repayment of financing or debt; or
2. The owner of the property or its predecessor paid a development impact fee and one of the following conditions exits:
a. The facility designed to serve the property has been constructed, has the capacity to serve the property and any development for which there is reserved capacity, and the service which was to be provided by that facility has not been provided to the property from that facility or from any other infrastructure.
b. After collecting the fee to construct a facility the County fails to complete construction of the facility within the time period identified in the IIP, as it may be amended, and the corresponding service is otherwise unavailable to the property from that facility or any other infrastructure.
c. Any part of a development impact fee is not spent within 10 years of the County's receipt of the development impact fee.
d. The development impact fee was calculated and collected for the construction of all or part of a specific facility serving the property and the actual construction costs for the facility are less than the estimated costs by 10% or more. In such an event, the current owner of the property is entitled to a refund for the difference between the amount of the development impact fee charged for and attributable to such construction costs and the amount the development impact fee would have been if the actual construction cost had been included in the fee report. The refund shall only relate to construction costs and shall not include any related design, administrative, or other costs.
B. A refund of a development impact fee shall include any interest actually earned on the refunded portion of the fee by the County from the date of collection to the date of refund. All refunds shall be paid to the record owner of the property at the time the refund is issued.
C. If a development impact fee was paid by a government entity, any refund shall be paid to that governmental entity. (Ord. 2020-27 § 1 (part), 2020)