(a) Authority to Establish; Availability; Amendments. Council shall by ordinance establish a schedule of fees for minor subdivisions, major subdivisions, certificates of zoning compliance, development plan review, conditional use permits, appeals, variances, amendments, and other procedures and services pertaining to the administration and enforcement of this Planning and Zoning Code after considering the recommendations of the Zoning Administrator with respect to actual administrative costs, both direct and indirect. The schedule of fees shall be available at City Hall, and may be altered or amended only by Council. Until all such appropriate fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or administrative procedure.
(Ord. 24-97. Passed 10-14-97.)
(b) Filing Fees and Deposits. Upon application to the Planning Commission, or the Board of Zoning Appeals requesting action on any of the following matters, a filing fee and/or deposit shall be paid by the applicant in compliance with Chapter 1452.
(1) Informal hearing.
(2) Minor Subdivision.
(3) Major Subdivision.
(4) Conditional use certification.
(5) Zoning Code amendment.
(6) Zoning Variance.
(7) Any other required review.
(c) Review Deposits. Prior to making application for approval of a preliminary or final plat, improvement plans, or a variance, the developer shall make the required deposit (see Section 1452.01(A)) with the Zoning Administrator to cover costs incurred by the Engineer, the Law Director, the Planning Consultant, and other required personnel or consultants, in reviewing such plats or plans. After placing the deposit in a fund in the name of the developer, the Zoning Administrator shall notify the Planning Commission, in writing, or such action. If, during such review, the balance of the fund is reduced to less than the required minimum, the Zoning Administrator shall notify the developer in writing to provide additional funds to return the balance to the required amount. If such funds are not provided within seven working days thereafter, the Zoning Administrator shall notify the Law Director, who shall initiate proceedings to dismiss the application.
(d) Inspection Deposits. Prior to beginning any approved improvement, the developer shall deposit with the Zoning Administrator a sum to cover expenses incurred by the City for inspection of such improvement (see Section 1452.01(D)). After placing the deposit in a fund in the name of the developer, the Zoning Administrator shall notify the Engineer in writing. If, during the inspection of the improvements, the balance of the fund is reduced to less than the required minimum, the Zoning Administrator shall notify the developer, in writing, to provide additional funds to return the balance to the sum originally deposited. If such funds are not provided within seven working days thereafter, the Zoning Administrator shall notify the Law Director, who shall initiate proceedings to stop work on the improvements.
(e) Insurance. The developer agrees to hold the City harmless from any and all claims of any type, nature, and description whatsoever, arising from the provision of improvements or other activities covered by the Subdivision Regulations. In addition, the developer shall defend and pay the costs and any judgement resulting from such claims upon reasonable notification of the pendency of the claim by the City or by any party. The developer shall not be responsible for claims arising from the sole negligence of an employee of the City.
(f) Certificate of Insurance. The developer shall furnish the Law Director with a certificate of insurance, or at the option of the Director, a certified copy of the insurance policy, as proof that the developer and his or her subcontractors are covered by general liability coverage, in the required amounts, as stated in Section 1452.01(F). Such policy shall contain no unusual exclusions, shall name the City as an additional insured, and shall not be cancelable as to the City on less than thirty days written notice in advance of such cancellation.
(g) Return of Deposit Balance. Deposit balance shall be refunded per Section 1452.05.
(h) Construction in Existing Rights of Way. During the improvement stage, if any work is to be done in an existing right of way, see Section 1020.01 of these Codified Ordinances for permits, fees and deposits required therefore.
(i) Construction Permit Fees. For actual construction permit fees, see Section 1448.03.
(Ord. 75-2005. Passed 10-11-05.)