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DRAFT <br />01/02/03 <br />(UNEDITED) <br /> <br />-17- <br /> <br />School Impact Fee for new Residential Construction for which the Building Permit or <br />Manufactured home permit has expired or been cancelled prior to commencement of the School <br />Facilities impact construction for which the Building Permit or Manufactured home permit was <br />issued, and no work having been done on the new Residential Construction shall be eligible to <br />request a refund from the School Board of School Impact Fees paid. <br /> <br />Requests must contain the following: <br /> <br /> 1. documentation evidencing the expiration or cancellation of the Building Permit <br />or Manufactured home permit; and <br /> <br /> 2. documentation evidencing that the School Facilities construction has not <br />commenced; and <br /> <br /> 3. requests for a refund shall include all information required in Sec. 7-43 D, as <br />appropriate, and shall be submitted to the Board for approval. <br /> <br /> B. Failure of Board to Use the School Impact Fee Funds Within Time Limit. The <br />Applicant may request a refund from the Board of School Impact Fees paid by an Applicant if <br />the Board has failed to use or appropriate the School Impact Fees collected from the Applicant <br />~within the time limits as follows: <br /> <br /> 1. encumbered prior to the end of the fiscal year immediately following the sixth <br />anniversary of the date upon which such fees were paid; or <br /> <br /> 2. expended prior to the end of the fiscal year immediately following the ninth <br />anniversary of the date upon which such fee were paid. <br /> <br /> 3. for purposes of this section, fees collected shall be deemed to be spent or <br />encumbered on the basis of "the first fee in shall be the first fee out." <br /> <br />4. refunds shall be made only in accordance with the following procedure: <br /> <br /> a. the Applicant or a successor in interest shall request the refund within one (1) <br />year following the end of the calendar year immediately following six (6) or nine (9) years from the <br />date on which the fee was received; and <br /> <br />b. description and documentation of the Board's non-use of the School Impact <br /> <br />Fees; and <br /> <br /> c. requests for a refund shall include all information required in Sec. 7-43 D, as <br />appropriate, and shall be submitted to the Board for approval. <br /> <br />C. Abandonment of Development After Initiation of Construction. An Applicant <br /> <br /> <br />