19.20.120 Refunds.
(1) The City shall, in accordance with RCW 82.02.080:
(a) Refund to the current owners of property on which an impact fee has been paid any impact fees paid with respect to such property that has not been expended or encumbered for public facilities of the type of which such impact fees were collected within the time frame required under RCW 82.02.080.
(b) Refund to the current owner of property on which an impact fee has been paid all impact fees paid with respect to such property if the development activity for which the impact fee was imposed did not occur and no impact has resulted.
(c) Refund all unexpended or unencumbered funds, including interest earned, when the City seeks to terminate any or all impact fee requirements.
(2) If some, but not all, of the development activity for which the impact fee was imposed occurred, the impact will be deemed to have occurred, and no refund will be payable; provided, however, that the property on which the impact fee was paid shall be eligible to receive a credit toward any subsequent development activity on the property up to the full amount of the payment.
(3) Owners seeking a refund of impact fees must submit a written request for a refund of impact fees to the Director or designee within one year of the date the right to claim the refund arises, which, for purposes of refund claims authorized pursuant to subsection (1)(b) of this section only, shall be the date of voluntary or involuntary abandonment of the permit, or the date that notice is given, whichever occurs later.
(4) Any impact fees not expended within the time limitations, and for which no application for a refund has been made within the one-year claim period, shall be retained and expended on system improvements for which such impact fees were initially collected, without further limitation as to the time of expenditure.
(5) The interest due on the refund of impact fees as required by 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. (Ord. 16-16 § 1 (Exh. A))