In accordance with Utah Code Annotated § 11-36a-603, the City shall refund any impact fees paid by a developer, plus interest actually earned, when (i) the developer does not proceed with the development activity and files a written request for a refund; (ii) the fees have not been spent or encumbered within the "Time of Expenditure" as defined herein; and (iii) no impact has resulted. An impact that would preclude a developer from a refund from the City may include any impact reasonably identified by the City, including, but not limited to, the City having sized facilities and/or paid for, installed and/or caused the installation of facilities based in whole or in part upon the developer's planned development activity even though that capacity may, at some future time, be utilized by another development. (Ord. 2021.28, 12-15-2021)