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3-3.511 Refunds a. Except as described in subsection b of this section, upon application the Town shall refund that portion of any impact fee which has been on deposit more than five years and which is unexpended and uncommitted. b. If fees in any impact fee account are unexpended or uncommitted for four or more years after deposit, the City Council shall make findings, 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 Council makes such findings, the fees are exempt from the refund requirement. c. The City may refund by direct payment or by offsetting the refund against other impact fees due for projects by the applicant, or otherwise by agreement with the owner. 3-3.512 Audits An applicant may request an audit to determine whether the impact fee imposed is roughly proportional to or exceeds the amount reasonably necessary to finance street maintenance and repair costs attributable to the impact of the construction or refuse vehicle on the residential roadways. The City Council shall then retain a qualified, independent auditor and he or she shall determine whether the fee is appropriate. The Town may require as a condition of the right to such an audit, that the applicant pay for the cost of the audit and deposit with the Town a sum equal to the reasonable estimated cost of the audit. The decision of the independent auditor is final unless appealed to the Council by the applicant as provided by this article. 3-3.513 Protests and Appeals a. A person may protest or challenge the imposition of a fee imposed pursuant to this article by filing, with the City Clerk within ten days following mailing of notice of the auditor's decision to the appellant, a written notice of appeal with a full statement of the grounds, and an appeal fee of two hundred dollars or such other amount as may be fixed from time to time by resolution of the City Council. The Town may continue processing the development application if the notice of appeal is accompanied with a bond or other security in an amount equal to the impact fee. b. The appellant bears the burden of proof to demonstrate that the amount of the fee was not calculated according to the procedures established in this article. c. At a regular meeting following the filing of the appeal, the City Council shall fix a time and place for hearing the appeal and the City Clerk shall mail notice of hearing to the appellant at the address given in the notice of appeal. The hearing shall be conducted at the time and place stated in the notice and the determination of the Council shall be announced at the conclusion of the hearing or at the next regular meeting of the Council.