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HomeMy WebLinkAbout029 - 04/06/2010 - AMENDING SECTIONS 7.5-24 AND 7.5-25 OF THE CITY CODE REGARDING THE REFUNDING OF CAPITAL IMPROVEMENT ORDINANCE NO. 029, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 7.5-24 AND 7.5-25 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING THE REFUNDING OF CAPITAL IMPROVEMENT EXPANSION FEES FOR ABANDONED DEVELOPMENT PROJECTS WHEREAS, Section 7.5-24 of the City Code contains certain provisions entitling persons to refunds of capital improvement expansion fees if the funds collected pursuant to the fees have not been appropriated for expenditure within seven years of the date of payment of such fees and expended within ten years of the date of such payment; and WHEREAS, Chapter 7.5 contains no provision for the refunding of capital improvement expansion fees for abandoned development projects; and WHEREAS, Section 2.2.10(B) of the Land Use Code contains provisions allowing for the abandonment of development projects but does not contain any provision for the refunding of capital improvement expansion fees upon abandonment; and WHEREAS, the City Council has determined that it is in the best interests of the City that a procedure be established whereby capital improvement expansion fees can be refunded for abandoned development projects as long any such refunds are conditioned upon the applicant having first ensured that the physical condition of the development site does not endanger the public health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 7.5-24 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 7.5-24. Entitlement to refunds for nonappropriation/nonexpenditure. (a) All fees collected pursuant to this Article shall be appropriated by the City Council for expenditure within seven(7)years from the date of payment of such fees and shall be expended by the City for purposes approved herein within ten(10)years of the date of payment. Any fees not so appropriated or expended shall be refunded, upon application, to the record owner of the property for which the impact fee was paid or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund;provided,however,that the City shall retain an additional two(2) percent of the fee to offset the cost of refund. (b) In determining whether fee revenues have been appropriated or expended within the requisite periods of time specified in subparagraph (a), monies in the applicable capital improvement expansion fee accounts shall be considered to be appropriated and expended on a first in,first out basis;that is,the first fees paid shall be considered the first fees appropriated and expended. (c) Any application for a refund under the provisions of this Section shall be made within one hundred eighty (180) days of the expiration of the ten-year period following the date of payment of such fee, according to the procedures described in §§ 7.5-23 and 7.5-25. If a refund is due hereunder, the amount of such refund shall be divided proportionately among all applicants for refunds who have filed applications during said one-hundred-eighty-day period; provided,however, that in no event shall the amount of any refund exceed the amount of the fee paid on behalf of the property for which the refund is sought, plus interest at the rate of five (5) percent per annum. Section 2. That Article II, Division 1 of the Section 7.5 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 7.5-24.1 which reads in its entirety as follows: Sec. 7.5-24.1 Entitlement to refund upon abandonment. Fees collected pursuant to this Article may be refunded to the current owner of the real property for which the fee was paid in the event that the right to develop the property in accordance with the approved plan has been abandoned as provided in Section 2.2.10(B) of the Land Use Code. Any such refund shall be processed in accordance with the procedures described in § 7.5-25. No such refund based upon abandonment shall be made until the following conditions have been met: (1) the property which is the subject of the refund has been restored in such manner that all stockpiles of fill material have been leveled,all exposed soil is seeded with grass or other ground cover, which cover has been adequately established to prevent wind and soil erosion; (2) the property is adequately fenced in accordance with the standards contained in Division 3.8 of the Land Use Code in such manner as to adequately protect, in the judgment of the City Manager, public safety; (3) all equipment and other construction hazards have been removed; (4) any open foundations have been capped and open structures have been boarded and secured; (5) any damage that has been caused to public infrastructure by reason of the development activities upon the property have been fully repaired; and (6) such restoration measures have been inspected and approved by the City. -2- Section 3 . That Section 7 . 5 -25 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 7.5-25. Procedure to obtain refund. (a) All applications for refund under this Article shall be submitted to the Financial Officer. Each application shall be in a form established by the Financial Officer, and shall contain the following : ( 1 ) a copy of the dated receipt issued for payment of the fee ; (2) a notarized, sworn statement that the applicant is the current owner of the real property for which the fee was paid and a certified copy of the current deed to such property; and (3 ) for refunds based upon abandonment, a copy of the approval of abandonment in accordance with Section 2 .2 . 10(B) of the Land Use Code. (b) The Financial Officer shall determine if the application for a refund is sufficient on its face within five (5 ) working days. If the Financial Officer determines that the application is not sufficient, a written notice shall be mailed to the applicant within said period of time specifying the deficiencies . No further action shall be taken on the application until the deficiencies are remedied. Any such deficiencies must be remedied within twenty (20) days of the date of mailing of the notice from the Financial Officer, or prior to the expiration of the period of time for filing an application for a refund under Subsection 7 . 5 -24(c) , whichever is later. If the application is determined sufficient, the Financial Officer shall notify the applicant, in writing, of the application's sufficiency and that the application is ready for review pursuant to the procedures and standards of this Section. (c) With respect to refunds based upon nonappropriation/expenditure, within ten ( 10) working days after the application is determined sufficient, the Financial Officer shall determine whether the City has appropriated and expended the fee(s) paid by the feepayer within the periods of time required under Subsection 7 . 5 -24(a) . If so, the application for refund shall be denied. If not, the applicant shall be entitled to a refund, except that the City shall retain an additional two (2) percent of the impact fee to offset the costs of administering the refund. (d) With respect to refunds based upon abandonment, within ten ( 10) working days after the application is determined sufficient and site restoration has been completed as required pursuant to § 7 . 5 -24 . 1 , the applicant shall be entitled to a refund, except that the City shall retain an additional two (2) percent of the impact fee to offset the costs of administering the refund. -3 - (d) The decision of the Financial Officer with regard to any refund may be appealed to the City Manager under the provisions of Subsection 7.5-23(b) and Article VI of Chapter 2 of this Code. Introduced, considered favorably on first reading, and ordered published this 16th day of March, A.D. 2010, and to be presented for final passage on the 6 y of April, A.D. 2010. _ Mayor ATTEST: City Clerk Passed and adopted on final reading on the 6th day of i , 2010. J Mayor ATTEST: l " City Clerk -4-