<div class="chunk-title">Sec. 19-43. - Refunds.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Cancellation or expiration of building permit.</span> An applicant who has paid a school impact fee for new residential construction for
               which the building permit or manufactured home permit has expired or been cancelled
               prior to commencement of the school facilities impact construction for which the building
               permit or manufactured home permit was issued, and no work having been done on the
               new residential construction shall be eligible to request a refund from the school
               board of school impact fees paid.
               </p>
            		
            <p class="p0">
               Requests must contain the following:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Documentation evidencing the expiration or cancellation of the building permit or
                  manufactured home permit; and
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Documentation evidencing that the school facilities construction has not commenced;
                  and
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Requests for a refund shall include all information required in <a href="" data-chunk-id="COOR_CH19SCIMFE_ARTIVESSCIMFEFUAPIMFEFURE_S19-43RE" class="section-link" data-product-id="12650">section 19-43</a>(d), as appropriate, and shall be submitted to the board for approval.
                  </p>
               		
               
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Failure of board to use the school impact fee funds within time limit.</span> The applicant may request a refund from the board of school impact fees paid by an
               applicant if the board has failed to use or appropriate the school impact fees collected
               from the applicant within the time limits as follows:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Encumbered prior to the end of the fiscal year immediately following the sixth anniversary
               of the date upon which such fees were paid; or
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Expended prior to the end of the fiscal year immediately following the ninth anniversary
               of the date upon which such fee were paid.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               For purposes of this section, fees collected shall be deemed to be spent or encumbered
               on the basis of "the first fee in shall be the first fee out."
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Refunds shall be made only in accordance with the following procedure:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               The applicant or a successor in interest shall request the refund within one year
               following the end of the calendar year immediately following six or nine years from
               the date on which the fee was received; and
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
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               Description and documentation of the board's non-use of the school impact fees; and
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Requests for a refund shall include all information required in <a href="" data-chunk-id="COOR_CH19SCIMFE_ARTIVESSCIMFEFUAPIMFEFURE_S19-43RE" class="section-link" data-product-id="12650">section 19-43</a>(d), as appropriate, and shall be submitted to the board for approval.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Abandonment of development after initiation of construction.</span> An applicant who has paid a school impact fee for new residential construction for
               which a building permit or manufactured home permit has been issued and pursuant to
               which construction has been initiated, may be eligible for a refund from the board
               of school impact fees paid if all of the following apply:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Construction must have been abandoned prior to issuance of a certificate of occupancy
               or the final inspection; and
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The applicant or successor in interest shall not be eligible for a refund unless the
               uncompleted building is completely demolished pursuant to a valid demolition permit
               or the manufactured home removed; and
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Requests for refunds shall be by written request made within 60 days following demolition,
               or removal as applicable, of the structure; and
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Requests for a refund shall include all information required in <a href="" data-chunk-id="COOR_CH19SCIMFE_ARTIVESSCIMFEFUAPIMFEFURE_S19-43RE" class="section-link" data-product-id="12650">section 19-43</a>(d), as appropriate, and shall be submitted to the board for approval.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               Requests for refunds must be made by written request to the clerk to the board within
               the time limits as established herein. The applicant shall submit:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               A notarized sworn affidavit stating that the individual requesting the refund is the
               applicant on which the school impact fee was paid; and
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Name and address; and
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The location of the property which was the subject of the building permit; and
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               The date the building permit was issued; or the date of expiration, or that it was
               declared to be invalid; and
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               The amount of the school impact fee paid and copies of original receipts or cancelled
               checks evidencing such payments; and
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               A copy of the completed demolition permit if applicable.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               Upon receipt of a completed request for a refund, the administrator shall review the
               request and documentary evidence submitted by the applicant as well as such other
               information and evidence as may be deemed relevant. After complete verification and
               satisfaction of the requirements, the board shall refund the school impact fee from
               the school impact fee fund, as established pursuant to <a href="" data-chunk-id="COOR_CH19SCIMFE_ARTIVESSCIMFEFUAPIMFEFURE_S19-42APSCIMFEFU" class="section-link" data-product-id="12650">section 19-42</a>.
               </p>
            		
            <p class="historynote0">
               (Ord. of 9-8-03(1), Â§ 1)
               </p></div>