(A) Incorporation of premises. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes.
(B) Payment of professional fees and administrative costs. All reasonable costs incurred by the city for professional review of applications for approval of concept plans, zoning changes, site plans, planned development, plats, consent requests and other development or land use related permits shall be borne by the applicant, and payable to the city prior to final approval of the application. The professional fees shall include, but not necessarily be limited to, civil engineering, traffic engineering, expenses for related legal fees, land planning and financial analysis in order that the application can be properly evaluated to achieve compliance with the city’s Comprehensive Plan, Comprehensive Zoning Ordinance, subdivision regulations and other city regulations. In addition, a $10 fee to recover the city’s internal administrative costs will be charged for each application that involves professional review costs of $80 or less, and a $25 fee to recover the city’s internal administrative costs will be charged for each application that involves professional review costs more than $80.
(C) Deposit required. In accordance with division (B) above, the City Secretary shall require a deposit in the amount of $1,000 for those services at the time the initial application related to a development is filed. The actual costs will be determined prior to final approval of an application, and either an additional sum will be due from the applicant, or a reimbursement made, if the actual cost is less than the deposit. If a development will involve more than one application, the City Secretary may allow the initial deposit to apply to more than one application, or the City Secretary may require an additional deposit for other applications. Upon written request by an applicant, the City Secretary will provide the applicant with documentation detailing actual costs of development review.
(D) Refusal of permits. The City Secretary, or his or her designee, may refuse to issue any building permits to the applicant or their successors or assigns, if the fees are not paid.
(E) Cumulative. This section shall be cumulative of all other ordinances and shall not repeal any of the provisions of ordinances, except for those instances where there are direct conflicts with the provisions of this section. Ordinances, or parts thereof, in force at the time this section shall take effect
and that are inconsistent with this section are hereby repealed, to the extent that they are inconsistent with this section. Provided, however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to other ordinances on the date of adoption of this section shall continue to be governed by the provisions of the ordinance, and for that purpose, the section shall remain in full force and effect.
(F) Savings. All rights and remedies of the city are expressly saved as to any and all violations of the provisions of any ordinances affecting development fees which have accrued at the time of the effective date of this section; and, as to the accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under those ordinances, same shall not be affected by this section, but may be prosecuted until final disposition by the courts.
(G) Engrossment and enrollment. The City Secretary is hereby directed to engross and enroll this section by copying the exact caption and the effective date clause in the minutes of the City Council of the city and by filing this section in the ordinance records of the city.
(Ord. 08-352, passed 6-10-2008; Ord. 2012-03-01, passed 3-6-2012)