The fees established by this chapter are nonrefundable; provided, however, that the fees established herein to cover the cost of vacating or closing a dedicated street or a portion thereof shall be waived in those cases where said dedicated street or portion thereof has previously been acquired by the City and it has been determined that the street is not needed by virtue of a change in plans by the City, or the property involved constitutes an unnecessary surplus after construction of the public improvement. Fees shall be waived in such cases only if the application for vacation is submitted within three years of the dedication of the public right-of-way. (Ord. 1205 § 2, 1969; prior code § 27.1402(B)).