For the purpose of this article, the following words and phrases shall have the meanings as herein set out:

Cost recovery account means an account with the City of Deerfield Beach, funded by an applicant for a development permit, to pay for the costs of special services.

Development permit means a development permit as set forth in F.S. § 380.04.

Special services means any services required of the city attorney, city engineer, or planning staff in drafting development agreements, reviewing or drafting deed restrictions, or drafting or reviewing any special documents, including agreements, deeds, conveyances, or other documentation necessary for the granting of a development permit; this term shall also include any services of the building, planning, or engineering department, or city administration, in excess of those services normally required to review an application for a development permit.

Wherever the administration determines that special services are needed in order to process a development permit, the applicant for said development permit ("applicant") shall be provided written notice that a "cost recovery account" must be established within the City of Deerfield Beach for said special services. In said notice, the city manager shall provide a cost statement of the amount to be deposited in the cost recovery account, specifying the amount of funds each department in the city will require for the special services. This shall be an estimate only and may be exceeded if necessary. It shall be incumbent upon the applicant for the development permit to deposit the full amount required therein in a city account specifically set up for said purposes. No development permit shall be issued if the applicant is not in full compliance with this article.

(Ord. No. 2000/001, § 32, 4-5-00)

All city personnel providing said special services shall keep a record of their time expended on said special services so that said time can be charged against the amount deposited in the cost recovery account based on an hourly figure as determined by the city manager. Should the amount in any cost recovery account fall below 25 percent of the initial amount deposited prior to the time that the special services needed for the development permit have been completed, the applicant shall be required to submit an additional amount to the cost recovery fund equal to 25 percent of the original amount deposited.

(Ord. No. 2000/001, § 33, 4-5-00)

The office of management and budget of the City of Deerfield Beach shall be responsible for monitoring the cost recovery accounts and assuring that sufficient funds remain in the cost recovery accounts to provide for the necessary special services stated herein. The monies received for cost recovery shall be recorded as revenue in those city funds from which the expenditures for special services have been made.

The initial cost statement provided by the city manager shall only be an estimate. It is not a guarantee of the amount of the cost of the special services and shall not limit the amount that the city may charge for said special services. The developer shall be responsible for the entire amount of the special services as billed by the city and no development permit shall be granted if the developer fails to open and fully fund the cost recovery account as required herein or fails to make the necessary payment to assure that all special services are compensated, based upon the hourly rate contained on Exhibit A.

When all special services needed to process the development permit are concluded, any funds remaining in the cost recovery account for the particular applicant shall be refunded to said applicant.

Any applicant who contends that the funds being charged pursuant to this cost recovery system are excessive, may appeal the decision of the city manager or any funds being charged, to the city commission who will hear said appeal within 45 days of said appeal. The decision of the city commission on said appeal shall be final. During the time of said appeal no development permit shall be issued except in such cases where the developer pays to the city the funds required in the cost recovery system, noting on said payment that they are paid under protest subject to the appeal being undertaken by the applicant for a development permit.