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A. All requests for impact fee refunds shall be made by the owner of the property on which the impact fee was paid and shall be made in writing. The written request shall be submitted to the City of Redmond Finance Department, or its successor, if the City holds the funds. The written request shall be received within one year of the date the right to the claim for the refund arises. Notwithstanding any other provision of this section, where notice of eligibility of a refund is required by subsection B(2) of this section, the written request shall be received within one year of the date on which the City mails the notice that the person may be eligible for a refund.

B. Refunds of Unencumbered Impact Fees.

1. The current owner of property on which impact fees have been paid may apply for and receive a refund of these fees if the impact fees have not been expended or encumbered within the time limits in RMC 3.10.150.F. Refunds of impact fees under this subsection B shall include any interest earned on the impact fees by the City. In determining whether impact fees have been encumbered, impact fees shall be considered encumbered on a first-in, first-out basis.

2. If the City holds impact fees beyond the time limits set in RMC 3.10.150.F, the City shall notify potential claimants by first class mail deposited with the United States Postal Service addressed to the owner of the property as shown in the county tax records or a commercial compendium of the tax records.

3. Any impact fees that are not expended within the time limits in RMC 3.10.150.F and for which no application for a refund has been made within the one-year period set by subsection A of this section shall be retained and expended on the system improvements for which the impact fees were imposed.

C. Refunds of Impact Fees for When Development Does Not Proceed. Any person who was required to pay impact fees may request and shall receive a refund, including interest earned on the impact fees, when both of the following conditions are met:

1. A final inspection is not requested for the building or, if no building is being constructed as part of the development activity, the use is not started; and

2. No impact has resulted on the facilities for which the impact fee was collected. The owner shall request the refund in writing by the deadline set for claiming refunds. The Administrator shall determine whether to grant a refund, and such decisions may be appealed in the same manner as an appeal of an administrative decision under the Redmond Zoning Code.

D. Should the City terminate any or all impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the City shall place 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 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 projects identified in the City’s adopted capital facility plans. This notice requirement shall not apply if there are no unexpended or unencumbered balances within an account or accounts being terminated.

E. The interest due on the refund of impact fees as required by this chapter or RCW 82.02.080, or its successor, shall be calculated according to the average rate received by the City on invested funds throughout the period during which the impact fees were retained by that local government. (Ord. 2610 § 1 (part), 2011: Ord. 2587 § 2 (part), 2011).