A. For the purpose of this Section, certain terms and words are herewith defined as follows:
1. Costs means any time or expense incurred by the City for services performed by the City Engineer, City Attorney, or other staff or consultants. Costs shall include per diem expenses for appointed and elected City officials when such officials meet exclusively to review the Development other than at a regularly scheduled meeting.
2. Development means any subdivision, planned unit development, rezoning, conditional use permit, interim use permit, transitional activity permit, variance, vacation, building addition, or site plan; or proposed rezoning, conditional use permit, interim use permit, transitional activity permit, variance, building addition, or change in site plan; or any amendment to a previously approved subdivision, planned unit development, rezoning, conditional use permit, interim use permit, transitional activity permit, variance, vacation, building addition, or site plan.
3. Owner means any property owner, applicant, or duly authorized representative of a Development.
B. Reimbursement. Any Owner that causes the City to incur Costs on behalf of, or on account of, that Owner, associated with a proposed Development, shall be required to reimburse the City, in accord with the provisions of this Ordinance, at any time prior to final approval of the Development, or as a condition of final approval, for the actual Costs expended by the City on behalf of, or on account of, said Owner. Any Development which involves only one platted residential lot, for a non-commercial purpose, located in a residential zoning district shall not be subject to this reimbursement requirement.
C. Deposit Required. Subject to the provisions of Section 7A-331(B), the Owner shall deposit with the City in escrow an amount necessary to cover the anticipated Development Costs, as determined by the City Administrator, prior to the performance of any such services. Costs shall be charged to the aforementioned account and shall be credited to the City.
D. Reimbursement of Escrow Fund. Within thirty (30) days after completion of any City staff and consultant services associated with the Development, the Owner shall reimburse the escrow fund for any deficits caused if the Costs actually expended by, or billed to, the City exceed the escrow fund balance.
E. Refund of Unexpended Balance. The City shall refund any monies deposited in the escrow fund not expended for Costs within thirty (30) days after completion of any City review associated with the Development.
F. Escrow Fund Not to Draw Interest. The City shall not pay interest on the monies deposited in the escrow fund.
G. Rates Established. The City Council shall establish the rates charged for the City services by resolution, which may be changed from time to time. The rates may include a fixed rate for meetings with City staff prior to submission of formal application.
[§ 7A-331, added by Ord. No. 99-09, effective June 22, 2000, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 18-01, effective May 31, 2018.]