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A. If a development approval for which a impact fee has been paid under this chapter expires without commencement of construction, then the developer shall be entitled to a refund, with interest, of the impact fee paid, except that Monroe shall retain a percentage of the fee to offset a portion of the costs of collection and refund.

B. The current owner of property on which impact fees have been paid may receive a refund of such fees or any portion thereof if the city has failed to expend or encumber the impact fees, or any applicable portion, within the time periods specified in MMC 3.52.140.

C. The city shall notify potential claimants for impact fee refunds by first class mail deposited with the United States Postal Service at the last known address of the said claimants.

D. A request for a refund must be submitted to the city council in writing within one year of the date that the right to claim the refund arises or the date that the notice is given, whichever is later. Any impact fees that are not expended or encumbered and for which no application for refund has been made within the one-year period shall be retained and expended on the indicated capital facilities. Refunds under this subsection shall include interest earned on the impact fees; provided, that if the city’s failure to expend or encumber the fee within the time periods set forth in MMC 3.52.140 is due to delay attributable to the developer of the project for which the fee was collected, the refund shall be without interest.

E. If the city should terminate the impact fee requirements of this chapter, all unexpended or unencumbered funds, including interest earned, shall be refunded pursuant to this section. Upon a determination to terminate such impact fee requirements, the city shall publish a notice of such termination and the availability of refunds in the city’s official newspaper at least two times and shall notify all potential claimants by first class mail at the last known address of claimants. A request for a refund must be submitted to the city council in writing within one year of the date that the notice is given. Any impact fees for which no application for refund has been made within the one-year period shall be retained and expended on the indicated capital facilities. No notice shall be required if there are no unexpended or unencumbered balances within the account at the time of termination. (Ord. 005/2019 § 8)