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 Justin
 Code of Ordinances
 Chapter 48. UTILITIES
 Article IX. WATER AND SEWER IMPACT FEES

  § 48-275. Refunds.  

Latest version.

  • (a)

    Any impact fee or portion thereof collected pursuant to this article, which has not been expended within the service area within ten years from the date of payment, shall be refunded, upon application, to the record owner of the property at the time the refund is paid; or if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the highest rate permitted by state law.

    (b)

    An impact fee collected pursuant to this article shall be considered expended if the total expenditures for capital improvements or facilities expansions authorized in this section within the service area within ten years following the date of payment exceeds the total fees collected for such improvements or expansions during such period. An impact fee shall be considered expended on a first-in, first-out basis.

    (c)

    If a refund is due pursuant to subsections (a) and (b) of this section, the city shall prorate the same by dividing the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the service area for the period to determine the refund due per service unit. The refund to the record owner shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount.

    (d)

    Upon completion of all the capital improvements or facilities expansions identified in the impact fee capital improvements plan for the service area, the city shall recalculate the maximum impact fee per service unit using the actual costs for the improvements or expansions. If the maximum impact fee per service unit based on actual cost is less than the impact fee per service unit paid, the city shall refund the difference, if such difference exceeds the impact fee paid by more than ten percent. The refund to the record owner shall be calculated by multiplying such difference by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount.

    (e)

    If the building permit for a new development for which an impact fee has been paid has expired, and a modified or new application has not been filed within six months of such expiration, the city shall, upon written application, refund the amount of the impact fee to the applicant.

(Code 1994, § 11.1015; Ord. No. 290, § 2, 8-29-2000)