(A) The requesting party shall reimburse the city for all third party consulting fees incurred by the city in relation to the review and processing of the requesting party’s application(s) in relation to land use matters.
(B) All applications related to land use matters shall be accompanied by a cost reimbursement agreement and financial security in the manner set forth herein.
(1) For applications relating to a request for a variance, conditional use permit, rezoning or zoning ordinance amendment for single platted lot or, if not platted, a parcel with a land area of less than two acres, the cost reimbursement agreement shall be a separate provision included within the application and the financial security (cash deposit or letter of credit) for city consultant fees (which is in addition to any application fees) shall be $500, subject to revision and increase if city staff or the city’s planning consultant determines that additional security is reasonably necessary. If the actual costs for city consultant fees is less than any cash deposit, the surplus shall be refunded to the requesting party and any shortfall shall be invoiced to and paid by the requesting party.
(2) For all other applications, the requesting party shall, prior to the submission of the application, request that city staff, in consultation with the city’s planning consultant, prepare an estimate of the consultant fees reasonably likely to be incurred by the city in the reviewing and processing of the application. The estimate may be revised from time to time by city staff as the project of the requesting party expands or diminishes in scope or complexity. Concurrent with the submission of the application, the requesting party must execute the city’s cost reimbursement agreement and deliver the same to the City Clerk/Treasurer together with the amount of the estimate in cash or provide to the city a letter of credit in the amount issued by a bank capable of being drawn upon at a location within the Twin Cities seven-county metropolitan area, in a form acceptable to the City Attorney.
(3) The failure to provide both the cost reimbursement agreement and financial security required in this section shall make the application submitted incomplete pursuant to M.S. § 15.99, as it may be amended from time to time, and the city shall not be required to review and process the application until the requirements of this section are satisfied.
(Ord. 160, passed 12-6-2004)