A. Fee Schedule Established: The City Clerk or their designee, at the time of the filing of a land use application, petition, or receipt of an area of impact referral, shall collect the fee and/or deposit established by resolution of the City Council together with a deposit for any direct costs incurred by the City to review such requests by architects, engineers, attorneys, or other professionals and contractors the City deems necessary to enable the City to process said application, petition, or referral in an informed manner.
B. Payments And Deposits For Direct Costs:
1. Billing For Costs: The City shall bill all applicants and/or landowners for all costs incurred by the City in obtaining a review of the application, petition or referral by architects, engineers, attorneys, or other professionals and contractors the City deems necessary to enable the City to process such application, petition or referral for compliance with this Code, applicable State and Federal laws, applicable conditions of approval (new or existing), and/or other final action including implementation of City decisions.
2. Requirement Of A Cash Deposit: Where required, all applicants or landowners shall provide a deposit to the City Clerk, or their designee, in cash. The cash deposit shall be collected at the time of application for any land use action. Cash deposits shall be held for the time period in which the application is under consideration and until such time as the implementation of any final action on the application is complete. The amount of the deposit and the procedures shall be further set forth by resolution approved by the City Council which may be amended any time.
a. Payment: The cash deposit shall be considered as a payment on the account and be drawn down based on the invoices received by the City for the costs incurred to process any application, petition and/or referral described in this title. Minimum balances shall be retained pursuant to a fee resolution of the City Council upon the passage of this chapter and by resolution approved by the City Council which may be amended any time.
b. Contest Of Invoices Sent By The City: Where there is any defect or claim of impropriety in an invoice submitted for payment for the review and processing of any application, petition or referral, the applicant shall contact the City Clerk in writing within ten (10) working days of receiving the invoice. The written contest shall specify the date, services rendered, and rationale for any invoice, partial or in full. An error in the City's invoice, if corrected within five (5) working days of being contacted by the applicant, shall not delay the applicant's timely payment. Any invoice, or portion of an invoice, that is not contested as described in this section is considered final, due and owing.
c. Release Of Deposit Balance: Within sixty (60) days after final City action and completion of implementation of said final action, the City will release any unused funds from the account to the applicant or landowner of record, minus any outstanding fees. Completion of the implementation of a final action shall be determined solely by the City Clerk's Office in conjunction with the Zoning Administrator or its designee.
C. Payment Of Fees Prior To Action By The City: Until all required fees established by this section have been paid in full, no final action shall be taken by the City on any application, petition, or referral to which this section applies.
D. Refunds: Fees charged pursuant to subsection A of this section shall not be refundable.
E. Waivers: The City Council may, upon receipt of a written request from the applicant, prior to the City deeming any application, petition, or referral complete for processing, approve a waiver or payment plan for the required fees and/or direct costs incurred in obtaining a review only upon clear representation that the applicant has:
1. The inability to pay at the time of application such that the applicant is considered in forma pauperis, and
2. The public interest would suffer by assessment of collection of the fee(s). (Ord. 747, 12-15-2015, eff. 3-1-2016)