13-1-14 Refunds.
A. Refunds. A refund (or partial refund) will be paid to any current owner of property within the Town who submits a written request to the Town and demonstrates that:
1. The permit(s) that triggered the collection of the development fee have expired or been voided prior to the commencement of the development for which the permits were issued and the development fees collected have not been expended, encumbered, or pledged for the repayment of financing or debt; or
2. The owner of the subject real property or its predecessor in interest paid a development fee for the applicable category of necessary public services on or after August 1, 2014, and one (1) of the following conditions exists:
a. The capital facility designed to serve the subject real property has been constructed, has the capacity to serve the subject real property and any development for which there is reserved capacity and the service which was to be provided by that capital facility has not been provided to the subject real property from that capital facility or from any other capital facility.
b. After collecting the fee to construct a capital facility, the Town fails to complete construction of the capital facility within the time period identified in the infrastructure improvements plan, as it may be amended, and the corresponding service is otherwise unavailable to the subject real property from that capital facility or any other capital facility.
c. For a category of necessary public services other than water facilities, any part of a development fee is not spent within ten (10) years of the Town’s receipt of the development fee.
d. Any part of a development fee for water facilities is not spent within fifteen (15) years of the Town’s receipt of the development fee.
e. The development fee was calculated and collected for the construction cost to provide all or a portion of a specific capital facility serving the subject real property and the actual construction costs for the capital facility are less than the construction costs projected in the infrastructure improvements plan by a factor of ten percent (10%) or more. In such event, the current owner of the subject real property shall, upon request as set forth in this subsection (A), be entitled to a refund for the difference between the amounts of the development fee charged for and attributable to such construction cost and the amount the development fee would have been calculated to be if the actual construction cost had been included in the infrastructure improvements plan. In performing the recalculation, the Town may take into consideration actual construction costs for other improvements serving the subject real property that were included in the infrastructure improvements plan for the same category of necessary public facilities. The refund contemplated by this subsection shall relate only to the costs specific to the construction of the applicable capital facility and shall not include any related design, administrative, or other costs not directly incurred for construction of the capital facility that are included in the development fee as permitted by A.R.S. Section 9-463.05.
B. Earned Interest. A refund of a development fee shall include any interest actually earned on the refunded portion of the development fee by the Town from the date of collection to the date of refund. All refunds shall be made to the record owner of the property at the time the refund is paid.
C. Refund to Government. If a development fee was paid by a governmental entity, any refund shall be paid to that governmental entity.
D. Correction of Errors. he Development and Infrastructure Services Director or designee is hereby authorized and directed to correct any error in the assessment and collection of development fees detected within twenty-four (24) months of the date of the payment of the development fees, including assessing additional development fee amounts or issuing a refund from the appropriate development fee fund(s).
E. No Refund for Change of Development. After a development fee has been paid pursuant to this chapter, no refund of any part of such development fee shall be made if the development for which the development fee was paid is later demolished, destroyed, or is altered, reconstructed, or reconfigured so as to reduce the size of the development, the number of units in the development, or the number of service units. ((O)14-04, 04/02/2014)