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BOOK FAr,ExB - 7 40 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 swom 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. Certified proof that the applicant is the successor in interest to the feepayer. (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 (exeambered) 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 administrators 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. (6) Refund of fair share fee upon cancellation of land development activiq• due to noncommencement. (a) Any "fair share roadway improvements fees" collected shall be refunded to the feepayer or his successor in interest, if the land development activity generating traffic is canceled due to noncommencement, and if the fees have not been spent4exeembem& or (encumbered through a construction contract) unless the applicant has waived his right for a refund of his traffic impact fee by obtaining an extended concuirrencv determination certificate nursuant to Chapter 910 of the county land development regulations. The refund shall include 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. "Fair share roadway improvement fees" collected shall be deemed to be spent (ett owJ or (encumbered through a construction contract) on the basis of the first fee collected shall be the first fee spent for the roadway improvement. (b) The refund of "fair share roadway improvement fees" shall be undertaken within ninety (90) days of noncommencement through the submission of a refund application. which application shall include the following information: 1. A notarized sworn statement that the feepayer paid the "fair share roadway improvements fee" for the property and the amount paid; 2. A copy of the receipt issued by the county for payment of the fee; 3. A certified copy of a certificate signed by the feepayer or his successor in interest relinquishing the building permit received for the land development activity; and if applicable, 4. Certified proof that the applicant is a successor in interest to the feepayor. (c) The county administrator or his designee shall review the refund application within thirty (30) days from the date of its receipt and determine whether the land development activity has been canceled due to noncommencement. (d) Only those "fair share roadway improvement fees" paid for land development activity which the county administrator determines has been canceled due to noncomrnencement and lies which have not been encumbered or §pent shall be returned to the feepayer or his successor MAY 119 1999 48