§ 9.3.12. Refund of fees not spent.

A.

General/standards. Any community park in-lieu fees collected will be returned to the fee payer or the fee payer's successor in interest (if the development subject to the in-lieu fee is sold by the fee payer) if:

1.

The fees have not been spent within seven years from the date the building permit for the development was issued, along with interest earned; or

2.

If an intergovernmental agreement has not been signed between Larimer County and an individual participating local government consistent with this regulation, within one calendar year of the effective date of this regulation. In-lieu fees will be spent on the basis of the first fee collected being the first fee spent.

B.

Refund procedure. The refund will be administered by the fee administrator if the fees have not been transferred by the county, or by the capital expansion fee administrator of the appropriate participating local government to which the in-lieu fees have been transferred. Refunds will be made through the following process:

1.

A refund application must be submitted within one year after the end of the year the fee payer or a successor-in-interest is eligible for the refund. The refund application must include the following information:

a.

A copy of the dated receipt issued for payment of the fee;

b.

A copy of the building permit; and

c.

Evidence that the applicant is the successor in interest to the in-lieu fee payer, if relevant.

2.

Within ten working days of receipt of the refund application, the fee administrator or the appropriate capital expansion fee administrator will determine if it is complete. If it is determined the application is not complete, a written statement specifying the deficiencies will be forwarded by mail to the person submitting the application. Unless the deficiencies are corrected, the reviewer will take no further action on the refund application.

3.

When it is determined the refund application is complete, the application will be reviewed within 20 working days and will be approved if it is determined the fee payer has paid an in-lieu fee that has not been spent within the period of time permitted under this section. The refund will include the in-lieu fee paid plus interest earned on the in-lieu fee.

C.

Appeal. Any in-lieu fee payer or a successor in interest can appeal the decision of a refund application to the governing body of the local government administering the refund by filing a petition with that local government's capital expansion fee administrator within 30 days of the decision. In reviewing and making a decision on the appeal, the governing body will use the standards in subsection 9.3.12.A. In no case will the governing body have the authority to negotiate the amount of the refund.