- FEES
(a)
A fee as provided in the city fee schedule shall accompany an application for a zoning map amendment, zoning text amendment, conditionally permitted use or variation and shall be filed with the city clerk by or on behalf of the owner of the property affected.
(b)
All applicants requesting a site plan review, subdivision, planned unit development, zoning, rezoning, annexation, conditionally permitted use or variance shall either pay directly to or reimburse the city for its reasonable costs for engineering, planning, legal or other professional consultants incurred in connection with preparing, studying, inspecting, reviewing, examining, checking and processing applicant's request and plans.
(c)
All bills for engineering, planning, legal and other professional consultants shall be submitted to the planning and zoning officer or city clerk prior to the city submitting invoices to the applicant for prompt payment by the applicant.
(d)
All city invoices for such services submitted by the city to the application shall be paid promptly by the applicant, but not later than 30 days, and the obligation to reimburse the city or pay directly those providing services is binding whether or not the city approves the applicant's site plan subdivision, planned unit development, zoning, rezoning, annexation, conditionally permitted use or variance.
(e)
Notwithstanding any other ordinances of the city, no site plan subdivision, planned unit development, zoning, rezoning, annexation, conditionally permitted use or variance shall be deemed to be approved unless or until the applicant has reimbursed the city or paid directly to those providing services, those costs incurred for engineering, planning, legal and other professional consultant fees incurred by the city in connection with the applicant's request and plans.
(f)
At the time an applicant files his application for a site plan review, subdivision, planned unit development, zoning, rezoning, annexation, conditionally permitted use or variance, the city planning and zoning officer or other designee receiving the application, shall furnish the applicant with a form which shall read substantially as follows:
APPLICANT:
Date:
The following firm, representative, agent or individual does hereby state that it has been fully disclosed to said party that in order for the city to properly review and evaluate requests for site plan review, subdividing, planned unit developments, zoning, rezoning, annexation, conditionally permitted use and variances, it must necessarily utilize and engage the services of engineering, planning, legal and other professional consultants. The undersigned hereby agrees to pay to the city, either by reimbursement or directly to the professionals providing services, the reasonable costs incurred by the city for such services pertaining to the request of the undersigned for such site plan review, subdividing, planned unit development, zoning, rezoning, annexation, conditionally permitted use or variance. It is further understood and agreed that all invoices for such services shall be paid promptly when submitted, but not later than 30 days, and that the obligation to reimburse the city or pay the professionals providing said services directly is binding whether or not a site plan, subdivision, planned unit development, zoning, rezoning, annexation, conditionally permitted use or variance is in fact approved.
(g)
The planning commission, zoning board of appeals or city council shall not be required to take any action on any application submitted until the applicant has signed the above form and properly submitted it to the city planning and zoning officer or designee at the time of application.
(h)
At the time an applicant files his application for site plan review, subdivision, planned unit development or annexation, the applicant shall deposit with the building and zoning officer or city clerk a sum as provided in the city fee schedule as a security deposit for the payment and satisfaction of the costs, engineering, planning, legal and other professional fees. Such sum shall be returned to the applicant within 60 days following the payment and satisfaction of all sums due herein. In the event the applicant fails to satisfy the financial obligations herein, the city may apply all or any portion of such security deposit against such obligation. The city may maintain an action at law or in equity to enforce the provisions of this article and the applicant shall be responsible for all costs and attorney's fees incurred by the city in the enforcement of the provisions of this article, whether suit is filed or not. The building and zoning officer is authorized to issue a stop work order, if applicable, until the applicant pays and satisfies its obligations, in full.
(Code 2012, § 17.78.010; Ord. of 9-28-1966, § 14; Ord. No. 2373, 3-27-1978; Ord. No. 3081, 12-22-1997; Ord. No. 3519, § 2, 12-6-2004)
- FEES
(a)
A fee as provided in the city fee schedule shall accompany an application for a zoning map amendment, zoning text amendment, conditionally permitted use or variation and shall be filed with the city clerk by or on behalf of the owner of the property affected.
(b)
All applicants requesting a site plan review, subdivision, planned unit development, zoning, rezoning, annexation, conditionally permitted use or variance shall either pay directly to or reimburse the city for its reasonable costs for engineering, planning, legal or other professional consultants incurred in connection with preparing, studying, inspecting, reviewing, examining, checking and processing applicant's request and plans.
(c)
All bills for engineering, planning, legal and other professional consultants shall be submitted to the planning and zoning officer or city clerk prior to the city submitting invoices to the applicant for prompt payment by the applicant.
(d)
All city invoices for such services submitted by the city to the application shall be paid promptly by the applicant, but not later than 30 days, and the obligation to reimburse the city or pay directly those providing services is binding whether or not the city approves the applicant's site plan subdivision, planned unit development, zoning, rezoning, annexation, conditionally permitted use or variance.
(e)
Notwithstanding any other ordinances of the city, no site plan subdivision, planned unit development, zoning, rezoning, annexation, conditionally permitted use or variance shall be deemed to be approved unless or until the applicant has reimbursed the city or paid directly to those providing services, those costs incurred for engineering, planning, legal and other professional consultant fees incurred by the city in connection with the applicant's request and plans.
(f)
At the time an applicant files his application for a site plan review, subdivision, planned unit development, zoning, rezoning, annexation, conditionally permitted use or variance, the city planning and zoning officer or other designee receiving the application, shall furnish the applicant with a form which shall read substantially as follows:
APPLICANT:
Date:
The following firm, representative, agent or individual does hereby state that it has been fully disclosed to said party that in order for the city to properly review and evaluate requests for site plan review, subdividing, planned unit developments, zoning, rezoning, annexation, conditionally permitted use and variances, it must necessarily utilize and engage the services of engineering, planning, legal and other professional consultants. The undersigned hereby agrees to pay to the city, either by reimbursement or directly to the professionals providing services, the reasonable costs incurred by the city for such services pertaining to the request of the undersigned for such site plan review, subdividing, planned unit development, zoning, rezoning, annexation, conditionally permitted use or variance. It is further understood and agreed that all invoices for such services shall be paid promptly when submitted, but not later than 30 days, and that the obligation to reimburse the city or pay the professionals providing said services directly is binding whether or not a site plan, subdivision, planned unit development, zoning, rezoning, annexation, conditionally permitted use or variance is in fact approved.
(g)
The planning commission, zoning board of appeals or city council shall not be required to take any action on any application submitted until the applicant has signed the above form and properly submitted it to the city planning and zoning officer or designee at the time of application.
(h)
At the time an applicant files his application for site plan review, subdivision, planned unit development or annexation, the applicant shall deposit with the building and zoning officer or city clerk a sum as provided in the city fee schedule as a security deposit for the payment and satisfaction of the costs, engineering, planning, legal and other professional fees. Such sum shall be returned to the applicant within 60 days following the payment and satisfaction of all sums due herein. In the event the applicant fails to satisfy the financial obligations herein, the city may apply all or any portion of such security deposit against such obligation. The city may maintain an action at law or in equity to enforce the provisions of this article and the applicant shall be responsible for all costs and attorney's fees incurred by the city in the enforcement of the provisions of this article, whether suit is filed or not. The building and zoning officer is authorized to issue a stop work order, if applicable, until the applicant pays and satisfies its obligations, in full.
(Code 2012, § 17.78.010; Ord. of 9-28-1966, § 14; Ord. No. 2373, 3-27-1978; Ord. No. 3081, 12-22-1997; Ord. No. 3519, § 2, 12-6-2004)