10.07.01. Upon application of the property owner, the city shall refund that portion of any impact fee which has been on deposit over six years and which is unexpended and uncommitted, except as described in subsection 10.07.02. The refund shall be made to the then-current owner or owners of lots or units of the development project or projects for which such unexpended or uncommitted fees were paid.

10.07.02. If fees in any impact fee account are unexpended or uncommitted during the sixth year, the fees are exempt from subsection 10.07.01 if the city commission makes the following findings:

(a)

A need for the capital improvement still exists;

(b)

The fees will be used for an identified purpose within two years; and

(c)

The purpose for which the fees will be used is for the same type of improvements for which the fees were collected.

10.07.03. The city may refund by direct payment, by offsetting the refund against other impact fees due for development projects by the owner on the same or other property, or otherwise by agreement with the owner.

(Ord. No. 3588, § 1, 10-3-2011; Ord. No. 5128, § 3(Exh. A), 10-23-2024)