Sec. 30-14. Refunds.
A. Refunds. A refund will be paid to any current owner of property within the City who submits a written request to the City and demonstrates that:
1. The owner of the subject real property or its predecessor in interest paid a WRAF on or after August 1, 2014; and
2. One of the following conditions exists:
a. The permit(s) that triggered the collection of the WRAF have: (1) expired or been voided prior to the commencement of the development for which the permits were issued; and (2) not been expended, encumbered, or pledged for the repayment of financing or debt.
b. After collecting the fee to obtain additional water resources the City fails to construct facilities, obtain water supplies, or otherwise use the funds to secure additional water resources for the property from which the fee was collected within the time period identified in the infrastructure improvements plan, as it may be amended.
c. Any part of the WRAFs collected is not spent within 15 years of the City’s receipt of the fees.
d. The WRAF was calculated and collected, and the actual costs incurred are less than those projected in the infrastructure improvements plan by a factor of ten percent or more. In such event, the current owner of the subject real property will be entitled to a refund for the difference between the amounts of the water acquisition fee charged and the amount of what the fee would have been had the actual lower costs been included in the fee calculations. The refund contemplated by this subsection will relate only to the costs specific to the construction of facilities or acquisition of water supplies and will not include any related design, administrative, or other costs not directly incurred for construction of the capital facility that are included in the development impact fee as permitted by Section 9-463.05, Arizona Revised Statutes.
B. Earned Interest. A refund of a WRAF will include any interest actually earned on the refunded portion of the fee by the City from the date of collection to the date of refund. All refunds will be made to the record owner of the property at the time the refund is paid.
C. Refund to Government. If a WRAF was paid by a governmental entity, any refund will be paid to that governmental entity. (Ord. No. G-5985, 2015)