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submitted within 60 days after the expiration of the ten -year period for expenditure of the fee. An <br />impact fee shall be considered expended on a first -in, first out basis. <br />(b) First In, First Out Rule. An impact fee collected under this division shall be considered <br />expended if the total expenditures for capital improvements or facility expansions authorized in <br />section 86.302 within ten years after the date of payment exceeds the total fees collected for such <br />improvements or expansions during that period. <br />(c) Refund for Lack of Service. Upon written request, all or part of an impact fee collected under <br />this division. shall be refunded if: <br />(1) Existing service is available and service is denied; <br />(2) Service was not available when the fee was collected, and the city has failed to <br />commence construction of facilities to provide service within two years of fee payment; or <br />(3) Service was not available when the fee was collected and has not subsequently been <br />made available within a reasonable period of time considering the type of capital <br />improvement or facility expansion to be constructed, but in any event this period shall not <br />extend more than five years from the date of fee payment. <br />(d) Computation of Refund. If a refund is due under subsections (a), (b), or (c), the city shall <br />divide the difference between the amount of expenditures and the amount of the fees collected by <br />the total number of service units assumed within the service area for the period to determine the <br />refund due per service unit. The refund shall be calculated by multiplying the refund due per <br />service unit by the number of service units for the development for which the fee was paid, and <br />interest due shall be calculated upon that amount. <br />Sec. 86.305. - Rebates. <br />(a) Replat. If a tract of land for which an impact fee has been paid is replatted thus resulting in a <br />reduction in the number of service units, and the new impact fee to be collected is less than that <br />paid, and if water meters to serve the area being replatted have not been installed, the city shall <br />rebate the difference. <br />(b) Expiration of Permit. If a building or plumbing permit or an approval of a utility application <br />in a new development expires after an impact fee has been paid, no utility connection for the <br />applicable category of capital improvements has been made under the permit or approval, and a <br />modified or new application has not been filed within six months of the expiration, the city shall, <br />upon written request, rebate the amount of the impact fee to the record owner of the property for <br />which the impact fee was paid. If no application for rebate under this subsection has been filed <br />within this period, no rebate shall become due. <br />Sec. 86.306. - Updates to plans and revision of fees. <br />(a) Periodic Update. The city shall update the land use assumptions and capital improvements <br />plan at least every five years, commencing from the date of adoption of such plans, and except as <br />provided in Sec. 86.306(c), shall recalculate the impact fees based thereon in accordance with the <br />13 <br />