§ 27-133. Escrow fee.

In addition to the application fee, based on the size, complexity, or other aspects of a proposed development, the city engineer may determine that the applicant must submit to the city as part of the permit application an escrow fee in an amount sufficient, as determined by the city engineer, to pay for the estimated reasonable costs and expenses of any city personnel and any professional consultants whose services are deemed necessary by the city engineer to adequately review the application for purposes of compliance with the requirements of this article.

(a)

If the city engineer requires payment of an escrow fee, the applicant must complete and submit an escrow fee acknowledgment form provided by the city engineer.

(b)

The amount of the escrow fee shall be determined at the time of project review based on a specific scope of work, and shall be calculated at the rates determined by the city engineer.

(c)

The services for which an escrow fee may be used may include, but shall not be limited to, hydrologic and drainage analysis, wildlife evaluation, stormwater quality analysis, wetland survey and delineation, site inspections, as-built plan review, analysis of legal issues, and any other city personnel and professional consultant services deemed necessary by the city engineer.

(d)

If the actual total cost of the services of the city personnel and consultants is less than the escrow fee submitted, the city shall refund the balance to the applicant.

(e)

If the actual total cost of the services of the city personnel and consultants exceeds the amount of the escrow fee submitted, the applicant shall provide to the city an additional escrow amount equal to no less than one-half (½) the original escrow amount. All review by the city of the stormwater management permit application shall cease until such additional escrow amount is deposited with the city, and the number of days that review of the stormwater management permit application ceases shall be deducted from the period within which the city engineer may otherwise be required to act upon the application.

(f)

Payment of an escrow fee as provided by this section may be required by the city engineer at any point during the stormwater management permit review process, as determined necessary by the city engineer.

(g)

A denial of an application for a stormwater management permit shall not affect in any way the applicant's obligation to pay the escrow fees required by this section.

(Ord. No. 2011.01, § 1, 1-11-11)