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- M M <br />by the County Administrator or his designee, together with any <br />interest earnings shall be carried over in the specific ,trust <br />account to the following fiscal period. <br />E. <br />Return of Fair Share Fees If <br />Not Encumbered for Ca ital <br />Roadway Improvements <br />(1) Any "Fair Share Roadway Improvements Fees" <br />collected shall be returned to the Feepayer, or his successor in <br />interest, <br />if the fees have not been <br />spent <br />within <br />six <br />(6) <br />years <br />from the <br />date_ the fees were paid, <br />with <br />interest <br />of <br />six <br />(6%) <br />percent a year. Provided however, that the County Commission may <br />by resolution extend for up to three (3) years the date at which <br />fees must be refunded if they are to be committed within that <br />time for capacity expansion of the bridge facilities connecting <br />Orchid Island and the mainland. Such an extension shall be made <br />upon a finding that within such three (3) year period bridge <br />facility improvements are planned to be constructed that are <br />reasonably attributable to the Feevaver's land dPVPlnnm--f- <br />activity. "Fair Share Roadway Improvement Fees" collected shall <br />be deemed to be spent on the basis of the first fee collected <br />shall be the first fee spent for roadway improvements. <br />(2) The refund of "Fair Share Roadway Improvements <br />Fees" shall be undertaken through the submission of a Refund <br />Application to <br />be submitted within <br />one <br />(1) <br />year following the end <br />of the sixth <br />(6th) year from the <br />date <br />on <br />which the "Fair Share <br />Roadway Improvements Fee" was paid. If the time of refund has <br />been extended pursuant to Section X.E.(1), the Refund Application <br />shall be submitted within one (1) year following the end of this <br />extension. The Refund Application shall include the following <br />information: <br />a. a notarized sworn statement that the <br />Feepayer paid the "Fair Share Roadway <br />Improvements Fee" for the property and the <br />amount paid; <br />b. a copy of the receipt issued by the <br />- 24 - <br />JAN 2 2 1986 Ka. 63 453 <br />