If a final subdivision map, or other entitlement on which fees were paid if no final subdivision map was utilized, expires without commencement of construction, then the city director of public works is authorized, at his or her discretion, to issue a refund to the fee payer, without interest, of the fees paid, provided, however, that the portion of any fee revenue received by the city as reimbursement of its costs in administering the provisions of this chapter shall not be refunded. The fee payer must submit an application for such a refund to the city director of public works within ninety (90) calendar days of the expiration of the final subdivision map or other applicable entitlement. Failure to timely submit the required application for refund shall constitute an absolute waiver of any right to the refund. (Prior code § 84.09.916)