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(6) Refund of fair share fee upon cancellation of land development activity due to <br />noncommencement. <br />(a) Any "fair share roadway improvements fees" collected shall be refunded to the feepayer or <br />his successor in interest, if the land development activity generating traffic is canceled due <br />to noncommencement, and if the fees have not been spent (eaet mbered4 or (encumbered <br />through a construction contract) unless the applicant has waived his right for a refund of his <br />traffic impact fee by obtaining an extended concurrency determination certificate pursuant <br />to Chapter 910 of the county land development regulations. The refund shall include interest <br />at the same rate the County has earned over the same period on its pooled investment from <br />the State Board of Administration Local Government Trust Fund. . <br />"Fair share roadway improvement fees" collected shall be deemed to be spent (enetiffi <br />or (encumbered through a construction contract) on the basis of the first fee collected shall <br />be the first fee spent for the roadway improvement. <br />(b) The refund of "fair share roadway improvement fees" shall be undertaken within ninety (90) <br />days of noncommencement through the submission of a refund application, which <br />application shall include the following information: <br />A notarized sworn statement that the feepayer paid the "fair share roadway <br />improvements fee" for the property and the amount paid; <br />2. A copy of the receipt issued by the county for payment of the fee; <br />A certified copy of a certificate signed by the feepayer or his successor in interest <br />relinquishing the building permit received for the land development activity; and <br />if applicable, <br />(c) The <br />county administrator <br />or <br />his <br />designee shall <br />4. Certified <br />the refund <br />proof that the applicant <br />within <br />is a successor in <br />interest to the <br />feepayor. <br />and determine <br />(c) The <br />county administrator <br />or <br />his <br />designee shall <br />review <br />the refund <br />application <br />within <br />thirty <br />(30) days from the date of its <br />receipt <br />and determine <br />from <br />whether <br />the land development <br />activity <br />has been canceled due to noncommencement. <br />words <br />strike <br />are existing <br />underlined are <br />(d) Only those "fair share roadway improvement fees" paid for land development activity which <br />the county administrator determines has been canceled due to noncommencement and has <br />which have not been encumbered or spent shall be returned to the feepayer or his successor <br />in interest, with interest at the same rate the County has earned over the same period on its <br />pooled investment from the State Board of Administration Local Government Trust Fund. <br />(e) Any feepayer or his successor in interest may appeal the county administrator's decision on <br />his refund application by filing a petition with the board of county commissioners within <br />thirty (30) days of the final decision of the county administrator. In reviewing the decision, <br />the county commission shall use the standards established in section 953.12(5)(4). <br />(Ord. No. 90-16, § 1, 9-11-90) <br />Coding: <br />in <br />thr-ou <br />type deletions <br />from <br />law. Words <br />words <br />strike <br />are existing <br />underlined are <br />additions. <br />15 <br />