Permittees shall pay and reimburse the City for any and all Council and administrative expenses and costs, and for any and all fees, salaries or compensations incurred and charged to the City by retained personnel of the City in connection with planning, reviewing, evaluating, advising, approving, implementing or enforcing any site development application or permit by the City.
A. Retained Personnel Defined: Retained personnel shall be defined as any engineer, attorney, planner, economist or other technical, professional or other expert paid and retained by said City to assist or advise said City, directly and indirectly, in planning, reviewing, evaluating, advising, approving, implementing or enforcing any site development application or permit by said City.
B. Deposit Amounts Required: The permittee shall deposit with the City into a specified account, the following amounts to be used toward defraying expenses and fees of its retained personnel:
The sum of one hundred dollars ($100.00) per acre or fraction thereof, involved in the site development, with a minimum deposit of two hundred dollars ($200.00) and a maximum deposit of one thousand five hundred dollars ($1,500.00).
C. Acre Defined: An acre for the purposes of subsection B of this section, shall be defined as that measurement of land that is the dimension of an acre notwithstanding any roads, buildings or other physical structures or obstacles located on, within or adjacent to said measurement.
D. Stay Of Proceedings: All proceedings and work in connection with such application shall be stayed until said sum so designated is deposited with the City as aforesaid.
E. Statement: Any statement or bill submitted to the City by the retained personnel shall segregate and identify the charges and fees incurred directly or indirectly connected with said site development. A duplicate statement shall be forwarded to said permittee at the time said charges and fees are withdrawn from said specified amount.
F. Demand For Payment Of Fees: At any time the balance of the specified amount reaches three hundred dollars ($300.00), the Finance Director may demand from the permittee a sum of money, that, in addition to the balance in said specified amount, shall equal the amount originally required hereunder or such lesser fraction thereof that the City Council might, in such cases, determine.
G. Proceedings Stopped Until Demand Met: All proceedings and work, with regard to such site development shall be stopped until said subsequent demands for payment of fees shall be deposited in said specified account.
(1987 Code § 18.50-23)
H. Refusal Of Demand: Any demand or subsequent demand of the Finance Director, not deposited by the permittee within six (6) months of the date of said demand, shall terminate and render null and void the proposed site development plan.
(1987 Code § 18.50-23; amd. 2019 Code)
I. Account Deposit: All retained personnel funds required to be deposited by the permittee shall be deposited by the City into a specified account and shall be held in the name of the City.
J. Continuances: The City Council may, for good cause shown by the permittee in writing, grant continuances in writing to said permittee in connection with said deposits.
K. Waiver: The City Council may, at their discretion and upon written resolution, waive the requirements of this section.
L. Final Statement; Balance: Upon the presentment of the final statement of the retained personnel and within sixty (60) days of the approval of the work done pursuant to said permit, any balance remaining in the specified account, excluding any interest, shall be returned and repaid to the permittee. Any interest that may be earned in connection with said deposit shall be retained by the City.
M. Exception When Deposits Made Under Subdivision: The aforesaid retained personnel deposit shall not be required during the time that any retained personnel funds are on deposit pursuant to the requirements of the Subdivision Control and Development Ordinance of the City in connection with any subdivision development.
(1987 Code § 18.50-23)