Upon expiration of the appeal period for a land use action initiated pursuant to this chapter, the city shall provide the applicant or appellant with a statement showing the total cost of the action. This statement shall be accompanied by a refund of the balance of any remaining deposit funds after all costs incurred by the city in processing the application have been withheld as reimbursement to the city.
(A) In the event a land use action requires a protracted evaluation, additional deposits may be required to cover expenses incurred by the city. Additional deposits under this section shall be paid to the city prior to final action being taken by the hearings body.
(B) In the event the applicant or appellant withdraws a request for a land use action or appeal, all costs incurred by the city for the action from the date of application to the date of withdrawal shall be withheld from the deposit and the balance refunded to the applicant.
(C) Notwithstanding the provisions of this section and § 152.209 of this subchapter, the City Council may waive any or all portions of land use application costs.
(D) An application for a land use action or appeal shall be considered voluntarily withdrawn if the applicant or appellant fails to provide required additional deposit amounts within 30 days of receiving notice to do so or by the 120-day limit for the city to take final action once the application is deemed complete, whichever occurs sooner.
(Ord. 24, passed 4-5-1976; Ord. 154, passed 9-17-1990; Ord. 172, passed 10-7-1991; Ord. 173, passed 12-2-1991; Ord. 174, passed 3-16-1992; Ord. 256, passed 4-6-2004; Ord. 287, passed 5-4-2010)