Ordinance 2003-1436 - Laserfiche WebLink

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Transportation Fees. Transportation Fees collected shall only be spent within the Transportation Capital FaciLities Benefit District. The expenditure of Transportation Fees shall be limited to Transportation Capital Facilities. Sec. 3.18.090 Refund of Impact Fees Paid. A. Refund of Impact Fees Not Spent or Encumbered in Six (6) Years. Any Impact Fees collected shall be returned to the Fee Payer or the Fee Payer's Successor- in-Interest.if the Impact Fees have not been spent or encumbered within six (6) years from the date the Building Permit for the development was issued, along with interest actually earned on the Fees. Fees shall be deemed to be spent on the basis of the first Fee collected shall be the first Fee spent. B. Procedure for Refund. The refund shall be administered by the City Planning Director or designee, and shall be undertaken through the following process: Submission of Refund Application. A Refund Application shall be submitted within one (1) year following the end of the 6th year from the date on which the Building Permit was issued. The Refund Application shall include the following information: (a) A copy of the dated receipt issued for payment of the fee; (b) A copy of the Building Permit; and (c) Evidence that the applicant is the Successor-in-Interest to the Fee Payer (if relevant). Determination of Completeness. Within fifteen (15) days of receipt of the Refund Application, the City Planning Director or designee shall determine if it is complete. If it is determined the application is not complete, a written statement specifying the deficiencies shall be forwarded by mail to the person submitting the application. The City Planning Director or designee shall take no further action on the Refund Application until it is deemed complete. Decision on Refund Application. When it is determined the Refund Application is complete, it shall be reviewed within thirty (30) days and shall be approved if it is determined a Fee has been paid which has not been spent within the period of time permitted under this Section. The refund shall include the Fee paid plus interest actually earned on the Fee. Limitations. Expiration of Building Permit without Possibility of Extension. If a Fee Payer has paid an Impact Fee required by this Chapter and obtained a Building Permit, and the Building Permit for which the Fee was paid later expires without the possibility of further extension, then the Fee Payer or the Fee Payer's Successor-in-Interest shall be entitled to a refund of the Fee paid, without interest. In order to be eligible to receive a refund of Impact Fees pursuant to this subsection, the Fee Payer or the Fee Payer's Successor-in-Interest shall be required to submit an application for such refund to the City Planning Director or designee 16