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<br />5. The Commission shall verify that adequate impact fee funds are or will be available <br />from the appropriate impact fee account for the particular public facility. <br /> <br />D. Refunds. <br /> <br />1. Eligibility for Refund. <br /> <br />a. Expiration or Revocation of Building Permit. An applicant who has paid a impact <br />fee for a new development for which the necessary building permit has expired or <br />for which the building permit has been revoked prior to construction shall be <br />eligible to apply for a refund of impact fees paid on a form provided by the City <br />for such purposes. <br /> <br />b. Abandonment of Development After Initiation of Construction. An applicant who <br />has paid a impact fee for a new development for which a building permit has been <br />issued and pursuant to which construction has been initiated, but which <br />construction is abandoned prior to completion ax id issuance of a certificate of <br />occupancy, shall not be eligible for a refund unless the uncompleted building is <br />completely demolished. <br /> <br />C. Administrative Fee. A 2% administrative fee, but not to exceed $500, shall be <br />deducted from the amount of any refund granted and shall be retained by the City <br />to defray the administrative expenses associated with the processing of a refund <br />application. <br /> <br />d. Any impact fee funds not expended by the end of the fiscal quarter immediately <br />following six (6) years from the date the fee was paid shall be returned to the <br />applicant, by the City, with accrued interest. No refunds of impact fees will be <br />provided in the event the applicant does not request such a refund prior to the <br />expiration of the end of the fiscal quarter immediately following the six-year <br />period from the date the impact fees were paid. <br /> <br />e. Impact fees shall be deemed expended for the purposes of this ordinance when <br />any portion of the payment of the fee is encumbered by contract or agreement by <br />the City. <br /> <br />2. Except as provided in Section 4.D.I.a. hereof, refunds shall be made only to the current <br />owner of property on which the new development was proposed or occurred. <br /> <br />3. Applications for a refund shall be made on a form provided by the City for such purposes <br />and shall include all information required in Sections 4.D5 or Section 4.D.6 hereof, as <br />appropriate. Upon receipt of a complete application for a refund, the Building Official or <br />designee, shall review the application and documentary evidence submitted by the <br />applicant as well as such other information and evidence as may be deemed relevant, and <br /> <br />Police hnpact Fee Ord. <br />Legislative/Ordinance/ Attorney <br /> <br />12 <br />