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A. The current owner of property on which impact fees have been paid may receive a refund of such fees if the impact fees have not been expended or encumbered within ten years of receipt of school impact fees by a District, or the County's receipt of regional* park and traffic impact fees, unless the Council has made a written finding that extraordinary or compelling reasons exist to extend the time for expending or encumbering the impact fees. In determining whether impact fees have been encumbered, impact fees shall be considered encumbered on a first in, first out basis.

B. The County shall, through the Interlocal agreements authorized in PCC 4A.10.050, provide for Districts to refund fees according to the requirements of this Section and RCW 82.02.080.

1. The designated District 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.

2. An owner's request for a refund must be submitted to the superintendent of the appropriate District (regarding school impact fees) in writing within one year of the date the right to claim the refund arises or the date that notice is given, whichever date is later.

C. Any impact fees that are not expended or encumbered within these time limitations, and for which no application for a refund has been made within this one year period, shall be retained and expended consistent with the provisions of this Section.

D. Refunds of impact fees shall include any interest earned on the impact fees from the date the fees were deposited into the Impact Fee Fund to the time of the refund.

E. Should the County seek to terminate any or all impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded to the current owner of the property for which an impact fee was paid. Upon the finding that any or all fee requirements are to be terminated, the County 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 addressed to the owner of the property as shown in the County tax records. 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 County, but must be expended for the original purposes, consistent with the provisions of this Section. The notice requirement set forth above shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated.

F. An applicant may request and shall receive a refund, including interest earned on the impact fees, when the applicant does not proceed to finalize the development activity and no impact has resulted.

G. The administrative fee and application fee are not eligible for refund.

H. Refunds will not be made for amounts less than $100.00.

I. The applicant must submit a written PPW Request for Refund form, and provide receipt of impact fees paid. No refund will be processed prior to cancellation of the applicable permit.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2016-51s § 1 (part), 2016; Ord. 2012-63 § 1 (part), 2013; Ord. 2009-48s2 § 3 (part), 2010; Ord. 2006-60s § 1 (part), 2006; Ord. 96-122S § 1 (part), 1996; Ord. 96-105S2 § 1 (part), 1996)

* Code Revisor's Note: The reference to regional was intended to be removed in Ordinance No. 2016-51s.