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<br />c. In the event Impact Fees are paid prior to or concurrently with the <br /> <br />issuance of a Building Permit and subsequently, the Building Permit is amended, the Applicant <br /> <br />shall pay the Impact Fee in effect at the time the amended Building Permit is issued with <br /> <br /> <br />Credit being given for the previous fees paid. <br /> <br /> <br />d. In the case of change of use, redevelopment, or expansion or modification of <br /> <br />an existing use on a site which requires the issuance of a Building Permit, the Impact Fee shall <br /> <br />be based upon the net increase in the Impact Fee for the new use as compared to the most <br /> <br />intense previous use. <br /> <br />e. If a Building Permit is canceled without Development commencing, then the <br /> <br /> <br />Impact Feepayer shall be entitled to a refund, without interest, of the Impact Fee paid except <br /> <br />that the City shall retain five percent (5%) of the fee to offset a portion of the costs of <br /> <br /> <br />collection and refund. The Impact Feepayer shall submit an application for such a refund to <br /> <br /> <br />the City Manager or his designee within thirty (30) days of the expiration of the order or <br /> <br /> <br />permit, or thereafter be deemed to waive any right to a refund. <br /> <br /> <br />f Any funds not expended or Encumbered by the end of the calendar quarter <br /> <br /> <br />immediately following ten (10) years from the date of this Ordinance shall, upon application <br /> <br /> <br />of the then current landowner, be returned to such landowner, without interest, provided that <br /> <br /> <br />the landowner submits an application for a refund to the City Manager or designee within one <br /> <br /> <br />hundred eighty (180) days of the expiration of the ten (1 0) year period. However, this section <br /> <br />shall not apply to Development of Regional Impact with phased or long term buildout. Any <br /> <br /> <br />claim not so timely made shall be deemed waived. <br /> <br /> <br />g. Funds shall be deemed expended for the purposes of this Ordinance when a <br /> <br />-5- <br />