Ord 2002-067 - Laserfiche WebLink

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expansions during that period. C. Upon written request, all or part of an impact fee collected under this ordinance shall be refunded if: 1. Existing service is available and service is denied; 2. Service was not available when the fee was collected, and the city has failed to commence construction of facilities to provide service within two years of fee payment; or 3. Service was not available when the fee was collected and has not subsequently been made available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in any event this period shall not extend more than five years from the date of fee payment. D. If a refund is due under subsections A, B or C, the city shall divide the difference between the amount of expenditures and the amount of the fees collected by the total number of service muts assumed witrnn the service area for the period to determine the refund due per service unit. The refund shall be calculated by multiplying the refund due per service unit by the number of service units for the development for wrnch the fee was paid, and interest due shall be calculated upon that amount. Section 15. Rebates. A. If a tract of land for wrnch an impact fee has been paid is replatted, resulting in a reduction in the number of service units, and the new impact fee to be collected is less than that paid, the City shall rebate the difference, if water meters to serve the area being replatted have not been installed. B. If a building or plumbing permit or an approval of a utility application in a new development expires after an impact fee has been paid, no utility connection for the applicable category of capital improvements has been made under the permit or approval, and a modified or new application has not been filed within six months of the expiration, the city shall, upon written request, rebate the amount of the impact fee to the record owner of the property for which the impact fee was paid. If no application for rebate under this subsection has been filed witrnn this period, no rebate shall become due. Section 16. Updates to Plans and Revision of Fees. A. The city shall update the land use assumptions and capital improvements plan at least every five years, commencing from the date of adoption of such plans, and shall recalculate the impact fees based thereon in accordance with the procedures set forth in Local Government Code Chapter 395, or in any successor statute. B. The city may review its land use assumptions, impact fees, capital improvements plan and 12