(A) Intent. Certain licensed and permitted activities carried on in the city require the assistance of the City Engineer, Planner, Attorney and city staff. As these activities benefit private persons and not necessarily the city as a whole, it is appropriate that the cost of these services be borne by those benefitting thereby. This section is intended to provide a method whereby this end will be furthered.
(1978 Code, § 209.01)
(B) Escrow deposit required. Applications for license, permits or approval which will or may require the assistance of the City Engineer, Planner, Attorney or staff for processing, review and/or recommendation, including, but not limited to, those for subdivision approval, rezoning, conditional use permits, planned unit developments or variances, special use permits, well permits, a sewer permit, excavation permits and building permits shall be accompanied by a cash deposit which shall be placed in an applicant’s escrow fund in an amount sufficient to pay all engineering, legal, planning and staff fees and costs which will, or likely will, be incurred by the city in connection with said application and supervision of the permitted activity. Said deposit will be held in the fund and shall be credited to the applicant making the deposit. All engineering, legal and city staff expenses incurred in connection with a permit application and approval shall be charged to the aforementioned applicant’s account and credited to the city.
(1978 Code, § 209.02)
(C) Fee schedule. The Council shall adopt a fee schedule for services to be rendered by the City Engineer, Planner, Attorney and support staff. The schedule will be provided upon request to all applicants for permits or approvals listed in division (B) above and all others for which an escrow deposit is required.
(1978 Code, § 209.03)
(D) Fees for individual permits. Based upon the schedule in division (C) above, the City Administrator shall determine the amount of the escrow deposit required after consultation with the City Engineer, Planner, Attorney and Council. The City Attorney, Planner, Engineer and Administrator shall itemize all time, services and materials to be billed to any escrow account.
(1978 Code, § 209.04)
(E) Enforcement.
(1) Applications. No application for a license, permit or approval listed in division (B) above, or other license, permit or approval for which an escrow deposit is required, will be accepted or processed by the city unless accompanied by an escrow deposit as provided in this section.
(2) Deficits.
(a) If, at any time, it appears that a deficit will occur in any escrow account, the Clerk, after consultation with the City Engineer, Planner and Attorney, shall determine the amount, if any, of additional deposits necessary to cover further expenses connected with the permit or approval application and shall notify the applicant to make such deposit.
(b) Any applicant refusing to make such additional deposits or owing the city money for services will have all work on his or her application stopped or may have his or her permit or approval revoked ten days after mailed notice to him or her.
(c) The applicant may demand in writing a hearing within five days of receipt of said notice. Failure to so demand a hearing constitutes a waiver thereof.
(d) If the permit or approval has not been granted, the city shall stop all further processing of the application until such time as the required deposit is made.
(1978 Code, § 209.05)
(F) Refund. Any money remaining in an applicant’s escrow account upon completion of the permitted activity shall be returned to the applicant if it is determined by the Council that all legal, planning, engineering and city staff fees and costs required by this section have been satisfied.
(1978 Code, § 209.06)
(Ord. 91-1, passed 1-7-1991; Ord. 96-8, passed 8-27-1996; Ord. 2007-14, passed 9-11-2007; Ord. 2008-21, passed 12-9-2008; Ord. 2009-12, passed 5-26-2009; Ord. 2009-16, passed 12-8-2009)