(a) Additional Fees. In addition to the basic application fees established under City Ordinance, applicants for permits and approvals shall pay the costs of review of applications for appeals, interpretations, variances, certificates of appropriateness, conditional zoning certificates, conditional sign permits, site plans, subdivisions, rezonings, text amendments, planned developments, construction and/or other improvement plans, and other applications. Such charges shall be in addition to the basic application fee, in an amount equal to the City's actual expenses incurred for reviewing the application, including but not limited to the cost of:
(1) Board or Commission subcommittee meetings;
(2) Special meetings;
(3) Review by City Law Director and/or any City consulting attorney and preparation of appropriate approving legislation, as well as any document necessary to review the application;
(4) Review by City Planning Director and/or any City consulting planner, including preparation of any documents and review letters required for City review, as well as attendance at one or more City meetings to present such documents or review letters, if required by the City;
(5) Review by City Engineer and/or any City consulting engineer, including preparation of any documents and review letters required for City review, as well as attendance at one or more City meetings to present such documents or review letters, if required by the City;
(6) Any additional notices for hearings other than those required by the City Subdivision Regulations or Zoning Ordinance or otherwise set forth in this chapter;
(7) Traffic studies;
(8) Environmental impact studies;
(9) Utility fees for street light connections;
(10) Street name sign installation fees;
(11) Water system bacterial testing;
(12) Review and consideration of proposed private roads;
(13) All other applicable fees directly related to the review, inspection and/or installation of subdivision improvements; and
(14) Similar services and expenses.
(b) Escrow Requirement. If the Planning Director determines that the application is one for which such costs for review are likely to be incurred, the Planning Director shall require the applicant to pay into escrow, in advance, an amount estimated to be sufficient to cover the expected costs. The amount to be paid into escrow shall be established in increments of at least five hundred dollars ($500.00), commencing with an initial deposit of not less than one thousand dollars ($1,000.00). No application shall be processed prior to the required escrow mount having been deposited with the Planning Director. If an applicant objects to the amount of the escrow funds required to be deposited, it may appeal that determination to the Council within thirty (30) days after the initial decision by the Planning Director.
(c) Minimum Balance. If funds in the escrow account are depleted or fall below twenty percent (20%) of the initial escrow amount, the applicant shall make an application deposit sufficient to cover any deficit and to re-establish a balance of at least five hundred dollars ($500.00) or twenty percent (20%) of the initial escrow amount, whichever is greater. The amount of additional deposit sufficient to cover any deficit in the account shall be at least five hundred dollars ($500.00) or such greater amount as is determined by the Planning Director to be reasonably necessary in order to cover anticipated remaining or future expenses. No further action shall be taken on an application, and no application shall be placed on or allowed to remain on a meeting agenda, until the escrow account has been re-established to such appropriate level.
(d) Accurate Records. The Planning Director shall maintain accurate records regarding the expenditures made on behalf of each applicant from the escrow account. Such escrow funds (from one or more applicants) shall be kept in a separate bank account or bank account category, as determined to be appropriate by the Finance Director.
(e) Balance Refund. Any excess funds remaining in the escrow account after the application has been fully processed, reviewed, and the final decision has been rendered regarding the project will be refunded to the applicant with no interest to be paid on those funds. If the balance of the expenses for the application for any reason exceeds the amount remaining in escrow following final action by the City, the City shall send the applicant a statement for such additional fees. Until the applicant pays such fees for the expenses of review, no further permit or certificate of occupancy or other permit for the project shall be issued, and if such expenses remain unpaid for a period of fourteen (14) days, the Planning Director may issue appropriate stop work orders or take other action to halt work on the project. In addition, the City may take legal action to collect unpaid fees.
(f) Applicant Agreement. The application for zoning approval or other approvals covered in this chapter shall indicate that the applicant agrees to pay the City's expenses for review of the application and other above-stated expenses, as provided for on Exhibit "A" CITY OF MEDINA ESCROW RESOLUTION AFFIDAVIT, which is attached to original Ordinance 50-05 and made a part hereof.
(Ord. 109-14. Passed 6-23-14.)