(1) The current owner of the property as reflected in the records of the Franklin County Auditor, on which an impact fee has been paid, may receive a refund of such fees if the City fails to expend or encumber the impact fees within six years of the date the fees were paid or longer as designated by the City Council by written findings on public transportation facilities intended to benefit the development activity for which the impact fees were paid. In determining whether traffic impact fees have been encumbered, impact fees shall be considered encumbered on a first in, first out basis. The City shall notify potential claimants by first-class mail deposited with the United States postal service at the last known address of the claimant.

(2) The request for refund must be submitted to the City Council by depositing the same in the office of the City Clerk by written notice within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later. Any impact fees that are not expended within these time limits, and for which no application for refund has been made within this one-year period, shall be retained and expended on the indicated capital facilities. Refunds of transportation impact fees shall include actual interest earned on the impact fees.

(3) In the event the City seeks to terminate any and all impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded. Upon the finding by the City Council that any and all fund requirements are to be terminated, the City shall place a notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first-class mail to the last known address of the claimants. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the City, but must be expended for the indicated public transportation facility. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account being terminated.

(4) A developer may request and shall receive a refund, including interest earned on the impact fees, when the developer does not proceed with the development activity and no impact has resulted. [Ord. 3719 § 1, 2005; Code 1970 § 3.132.100.]