§ 9.75-86. Eligibility for a refund.

Latest version.

(a)

Upon the request of a feepayor regarding a property on which a development impact fee has been paid, the development impact fee shall be refunded if:

(1)

Capacity is available in the public facilities for which the fee was collected but service is permanently denied; or

(2)

The development impact fee has not been encumbered or construction has not been commenced within six (6) years after the date the fee was collected.

(c)

In determining whether development impact fees have been encumbered, development impact fees shall be considered encumbered on a first-in, first-out (FIFO) basis.

(Ord. No. 71-06, § 9.01, 10-19-06)

                    
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