Public Works and Buildings | Impact Fees for Parks and Recreational Facilities
G. Establishment of impact fee accounts
H. Refunds
1. Impact fee receipts shall be earmarked specifically and deposited in a special interest-bearing impact fee account maintained by the City. 2. There is hereby established the parks and recreational facilities impact fee account for the fees collected pursuant to this Chapter. Funds withdrawn from this account must be used in accordance with the provisions of SDC 21.08.040I. and applicable state law. Interest earned on the fees shall be retained in the account and expended for the purposes for which the impact fees were collected. 3. On an annual basis, the finance director shall provide a report to the City council on the parks and recreational facilities impact fee account showing the source and amount of all moneys collected, earned, or received, and the system improvements that were financed in whole or in part by impact fees. 4. Impact fees for system improvements shall be expended only in conformance with the capital facilities plan element of the City’s Comprehensive Plan. 5. Impact fees shall be expended or encumbered within 10 years of receipt, unless the council identifies in written findings extraordinary and compelling reason or reasons for the City to hold the fees beyond the 10-year period. Under such circumstances, the council shall establish the period of time within which the impact fees shall be expended or encumbered.
1. If the City fails to expend or encumber the impact fees within 10 years of when the fees were paid, or where extraordinary or compelling reasons exist and the council has established other time periods pursuant to SDC 21.08.040G., the current owner of the property on which impact fees have been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first-in, first-out basis. 2. The City shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of such claimants. A potential claimant or claimant must be the owner of the property for which the impact fee was paid. 3. Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later. 4. Any impact fees for which no application for a refund has been made within this one-year period shall be retained by the City and expended on the appropriate public capital facilities. 5. Refunds of impact fees under this section shall include interest paid at the statutory rate. 6. When the City seeks to terminate any or all components of the impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this
598 | Title 21: Sammamish Development Code
Effective | January 1, 2022
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