§ 18-13. Refunds.

(a)

If a building permit expires and no construction has been commenced, then the fee payer shall be entitled to a refund of the initial total amount impact fee paid as a condition for its issuance except that the municipality may retain a portion of the funds to offset the costs of refund, based on the following schedule:

Fee Paid (Excluding Administrative Fee)	Retained Percent
$5,000 or less	3%
$5,000.01 plus	3% of the first $5,000.00 and 1% of the remainder above $5,000.00

 

The schedule set out in this subsection shall apply to all requests for refunds originally submitted on or after the effective date of the ordinance from which this subsection is derived, regardless of the date of permit issuance or original fee payment.

(b)

Any funds not expended or encumbered by the end of the calendar quarter immediately following seven (7) years from the date the transportation impact fee was paid shall, upon application of the fee payer within one hundred eighty (180) days of that date, be returned to such fee payer with interest at the rate of six (6) percent per annum. Expenditures of the transportation impact fee revenue shall be deemed to be paid on a first-in, first-out basis, meaning that the oldest impact fee is deemed to have been expended before a more recent impact fee.

(Ord. No. 04-21, § 1, 7-27-04)