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(5) Return of fair share fees if not encumbered for capital roadway improvements. (a) Any "fair share roadway improvements fees" collected shall be returned to the feepayer, or his successor in interest, if the fees have not been spent within six (6) years from the date the fees were paid, with simple interest at the same rate the County has earned over the same period on its pooled investment from the State Board of Administration Local Government Trust Fund.' Provided, however, that the board of county commissioners may by resolution extend for up to three (3) years the date at which fees must be refunded if they are to be committed within that time for capacity expansion of the bridge facilities connecting Orchid Island and the mainland. Such an extension shall be made upon a finding that within such three-year period bridge facility improvements are planned to be constructed that are reasonably attributable to the feepayer's land development activity. "Fair share roadway improvement fees" collected shall be deemed to be spent on the basis of the first fee collected shall be the first fee spent for roadway improvements. (b) The refund of "fair share roadway improvements fees" shall be undertaken through the submission of a refund application to be submitted within one year following the end of the sixth year from the date on which the "fair share roadway improvements fee" was paid. If the time of refund has been extended pursuant to section 953.12(5)(a), the refund application shall be submitted within one year following the end of this extension. The refund application shall include the following information: A notarized sworn statement that the feepayer paid the "fair share roadway improvements fee" for the property and the amount paid; A copy of the receipt issued by the county for payment of the fee; and, if applicable, (c) Within twenty (20) days of receipt of the refund application, the county administrator or his designee shall determine if it is complete. If the county administrator or his designee determines the application is not complete, he shall send a written statement specifying the deficiencies by mail to the person submitting the application. Unless the deficiencies are corrected, the county administrator shall take no further action on the refund application. (d) When the county administrator or his designee has determined that the refund application is complete, he shall review it within twenty (20) days, and shall approve the proposed refund if he determines the feepayer has paid a "fair share roadway improvements fee," which the county has not spent (entered) or (encumbered through a construction contract) -within the time established in section 953.12(5)(a). (e) Any feepayer or his successor in interest, if applicable, may appeal the county administrator's decision on his refund application, by filing a petition with the Indian River County Board of County Commissioners within thirty (30) days of a decision by the county administrator. In reviewing the decision, the board of county commissioners shall use the standards established in section 953.12(5)(4}. Coding: Certified proof that the applicant is the successor in interest to the feepayer. underlined (c) Within twenty (20) days of receipt of the refund application, the county administrator or his designee shall determine if it is complete. If the county administrator or his designee determines the application is not complete, he shall send a written statement specifying the deficiencies by mail to the person submitting the application. Unless the deficiencies are corrected, the county administrator shall take no further action on the refund application. (d) When the county administrator or his designee has determined that the refund application is complete, he shall review it within twenty (20) days, and shall approve the proposed refund if he determines the feepayer has paid a "fair share roadway improvements fee," which the county has not spent (entered) or (encumbered through a construction contract) -within the time established in section 953.12(5)(a). (e) Any feepayer or his successor in interest, if applicable, may appeal the county administrator's decision on his refund application, by filing a petition with the Indian River County Board of County Commissioners within thirty (30) days of a decision by the county administrator. In reviewing the decision, the board of county commissioners shall use the standards established in section 953.12(5)(4}. Coding: in thr-ouo_"_ type deletions from existing law. Words underlined are words strike are 14 additions.