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Title 17D
Chapter 17D.075
Section 17D.075.110
 

Title 17D City-wide Standards

Chapter 17D.075 Transportation Impact Fees

Section 17D.075.110 Refunds
  1. If the City fails to expend or encumber the impact fees within ten years of when the fees were paid, the current owner of the property for which impact fees have been paid may receive a refund of such fees, provided a refund is not required where extraordinary or compelling reasons exist for holding the fees longer than ten years, as identified in written findings by the city council. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first in, first out basis.
  1. The City shall notify potential claimants by first class mail deposited with the United States postal service at the last known address of the claimants.
  1. Property owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later.
  1. Any impact fees for which no application for a refund has been made within the one-year period shall be retained by the City and expended on the appropriate public facilities.
  1. Refunds of impact fees under this chapter shall include any interest earned on the impact fees by the City.
  1. A feepayer may request and shall receive a refund, including interest earned on the impact fees, when the feepayer and/or the feepayer’s successors and assigns do not proceed with the development activity and there has been no impact to the City’s transportation system. A request for a refund pursuant to this section must be accompanied by an acknowledgement that the feepayer’s underlying development approval, including any associated permits, has expired and that any application to reinstate the development approval shall be subject to the payment of impact fees pursuant to this chapter.

Date Passed: Monday, September 16, 2019

Effective Date: Saturday, November 2, 2019

ORD C35811 Section 6