13.25.080 Refunds.
A. A refund of any paid impact fee, plus interest earned, may be obtained upon written application by the person owning a parcel subject to the fee upon satisfaction of all of the following conditions:
1. The application is made within one year of the lapse of plat or abandonment of the development proposal;
2. The fees have not been spent or encumbered by the City; and
3. None of the lands subject to the fee have been connected into the water or sewer system of the City.
B. Payment of a refund of impact fees constitutes an express revocation of all prior permit approval or plat approvals and the City shall record an affidavit of lapse of approval in the Grand County land records contemporaneous with the payment of any refund.
1. Persons engaging in development or otherwise attempting to sell or convey property subject to impact fees following a refund and lapse of approval do so in violation of this chapter and are subject to the remedies and penalties as defined in Section 13.25.100(B).
C. If a refund is denied pursuant to this section or Section 13.25.070(C) and an applicant or successor owner submits an application within three years of the denial for the same or a substantially similar development the City may grant an offset, as provided under Section 13.25.040. (Ord. 98-13 (part), 1998)