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r . <br /> c <br /> - 1 <br /> I <br /> a. a notarized sworn statement that the <br /> petitioner is the current owner of the property; <br /> b. a copy of ..the dated receipt issued for pay- <br /> ment of. the fee or. other evidence of payment acceptable to. the <br /> City Manager orlhis designee; <br /> C. . a certified copy of the latest recorded deed; <br /> d. a copy of the most recent ad valorem tax <br /> bill. <br /> 3 . Within three ( 3 ) months from the date of receipt <br /> of a petition for refund the City .Manager, or his designee, will <br /> advise' the petitioner and City Council of the status of_ the fee <br /> requested for refund. For the purposes of this section, fees . <br /> • collected shallbe deemed to be spent on the basis of the first <br /> fee in shall be the first fee out. In other words, the first • <br /> money placed in the trust fund account shall be the first money. <br /> taken out of that account when withdrawals have been made in <br /> accordance with subparagraph B above. <br /> 4. When the money requested is still in the special <br /> . revenue fund account and has not been spent (encumbered by the <br /> end of the calendar quarter immediately following eight ( 8 ) years <br /> from the date the fees were paid, the money shall be returned <br /> with interest at the rate of six percent ( 6%) per annum. • <br /> i E. The fees collected pursuant to this Ordinance may be <br /> returned to the present owner if the land development activity <br /> generating traffic is cancelled due to noncommencement of <br /> construction before the funds have been committed or spent <br /> . pursuant to Section VI. Refunds may be made in accordance with <br /> Sections VIII . D. 2 . and VIII . D. 3 . provided the then-present <br /> i ' owner petitions City Council for the refund within six ( 6) months <br /> from the date of issuance of a construction or building permit. <br /> SECTION IX. Exemptions, Credits, Rebates. <br /> A. The following shall be exempted from payment of the <br /> "Fair Share Fee" : <br /> • 1. Alterations or expansion of an existing dwelling <br /> unit where no additional units are created and the use is not <br /> . changed. . - <br /> • <br /> 2. The construction of accessory buildings or <br /> structures which will not increase the traffic counts associated <br /> with the principal building or of the land. • <br /> i <br /> 3 . The replacement of a destroyed or partially <br /> destroyed building or structure with a new building or structure <br /> • of the same size and use. <br /> • 4 . The construction of publicly-owned governmental • <br /> buildings. • <br /> 5.- Planned Unit .Developments approved. by c ty 'Council <br /> prior to September 30, 1988 unless subsequently amended 'to permit <br /> additional development which would generate traffic, in which <br /> case the additional development would be subject to impact fee • <br /> assessment. <br /> 6. Any privately owned development for which City <br /> Council finds the waiver of traffic impact fees to be of <br /> overriding public interest after conducting a legally advertised <br /> • public hearing. <br /> B. Credits: <br /> 1. In lieu of paying the "Fair Share Fee" , a developer <br /> may elect to construct part of a major road network system which <br /> • <br /> .R. 3 I'2� -PAGE I3•9 <br />