(a) Except as described in subsection (b) of this section, upon application of the property owner, the City shall refund that portion of any trafficway impact fee which has been on deposit over five years and which is unexpended and uncommitted. The refund shall be made to the then-current owner or owners of lots or units of the development project or projects.

(b) If fees in any trafficway impact fee account are unexpended or uncommitted for four or more years after deposit, the City Council shall make findings by resolution, at least once each fiscal year while such condition prevails, to identify the purpose to which such fees shall be put and to show a roughly proportional and reasonable relationship between the fee and the purpose for which it was collected. If the City Council makes such findings, the fees are exempt from the refund requirement. (Ord. 18273 § 11, 6-22-04. Code 1995 § 130-770.)