§ 2-29-89. Refund of impact fee paid.

(a)

If a building permit expires without commencement of construction, then the feepayer or his or her successor or assign may apply to the school district for a refund, without interest, of any educational facilities impact fee paid in connection with its issuance. If the applicant demonstrates that all rights to commence the construction have expired or otherwise been terminated, the school board shall refund the impact fee (or unencumbered portion thereof), after first deducting an administrative fee of one per cent.

(b)

Any funds held in the trust account which are not expended or encumbered by the end of the fiscal quarter immediately following the sixth year following the date the educational facilities impact fee was collected shall be returned by the school board to such fee payer with interest at the rate of six (6) per cent per annum from the date on which the impact fee was actually collected. A written application for refund shall be submitted to the superintendent within one hundred eighty (180) days after the expiration of the six-year period, who shall provide a recommendation to the school board on the appropriateness of the refund. In determining whether the fee paid by the feepayer has been expended or encumbered, funds in the trust account shall be considered to be expended and encumbered on a first in, first out accounting basis.

(Ord. No. 16-03, § 3(Exh. A), 1-7-16, eff. 4-18-16)