A. If the city fails to disburse, expend, or encumber the impact fees within six (6) years of when the fees were paid, or where extraordinary or compelling reasons exist, such other time periods as established pursuant to subsection 3.04.100C of this chapter, the current owner of the property on which the impact fees have been paid may request a refund of the fees. In determining whether impact fees have been disbursed, expended, or encumbered, the fees shall be considered disbursed, expended, or encumbered on a first in, first out basis.
B. Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the administrative officer within one hundred eighty (180) days of the date that the right to claim the refund arises.
C. Any impact fees for which no application for a refund has been made within the one hundred eighty (180) day period shall be retained by the city and expended on the type of public facilities for which they were collected.
D. Refunds of impact fees under this section shall include any interest earned on the impact fees.
E. When the city seeks to terminate any or all components of an impact fee program, any funds not disbursed, expended, or encumbered from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon finding that any or all fee requirements are to be terminated, the city shall place notice of such termination, and the availability of refunds, in a newspaper of general circulation at least two (2) times. All funds available for refund shall be retained for a period of one hundred eighty (180) days. At the end of the one hundred eighty (180) day period, any remaining funds shall be retained by the city, but must be expended on the type of public facilities for which they were collected.
F. The city shall refund to the owner of property for which impact fees have been paid all impact fees paid, including interest earned on the impact fees attributable to the particular development activity, within one year of the date that right to claim the refund arises, if the development activity for which the impact fees were imposed did not occur, no impact resulted, and the owner makes written request for a refund within one hundred eighty (180) days of the expiration or abandonment of the permit for development activity. (Ord. 2011-02: Ord. 96-102 § 3: prior code § 7-118)