(a) All expenses and costs incurred by the Municipality directly associated with processing, reviewing and approving or denying a storm water permit application shall be paid (or reimbursed) to the Municipality from the funds in a separate escrow account established by the developer, as provided in subsection (b). The Municipality may draw funds from a developer’s escrow account to reimburse the Municipality for out-of-pocket expenses incurred by the Municipality relating to the application. Such reimbursable expenses include, but are not limited to, expenses related to the following:
(1) Services of the Municipality Attorney directly related to the application.
(2) Services of the Municipality Engineer directly related to the application including inspections fees.
(3) Services of other independent contractors working for the Municipality which are directly related to the application.
(4) Any additional public hearings, required mailings and legal notice requirements necessitated by the application.
(b) At the time a developer applies for a storm water permit, the developer shall deposit with the Municipality Clerk, as an escrow deposit, an initial amount as determined by resolution of the Municipality Council for such matters and shall provide additional amounts as requested by the Municipality in such increments as are specified in said resolution. Any excess funds remaining in the escrow account after the application has been fully processed, reviewed, and the final Municipality denial or approval and acceptance of the development has occurred will be refunded to the developer with no interest to be paid on those funds. At no time prior to the Municipality’s final decision on an application shall the balance in the escrow account fall below the required initial amount. If the funds in the account are reduced to less than the required initial amount, the developer shall deposit into the account the additional amount needed to restore the account to the required amount before the application review process will be continued. Additional amounts may be required to be placed in the escrow account by the developer, at the discretion of the Municipality.
(Ord. 2015-01. Passed 1-26-15.)