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NOTICE TO ALL LAND USE APPLICANTS <br />Section 117-48 (Processing Costs) of the City Code governs the <br />payment, processing, and expenditure of funds regarding land use <br />applications. <br />§117-48. Processing Costs <br />(a) Costs. All costs incurred by the City in processing an application for zoning <br />amendments, conditional use permits, variances, site plans, and all divisions of land shall <br />be paid by the applicant. The processing costs shall include but not be limited to: <br />(1) Professional consulting services as directed by the Community Development <br />Department, the Planning Commission and/or City Council, <br />(2) Copying charges, <br />(3) City Staff involvement, <br />(4) Public hearing publications, <br />(5) Written notice to adjacent property owners, or <br />(6) Any other cost necessary to process the applicant's request. <br />(b) Fee and Escrow. A set fee and a set minimum escrow established by Council <br />resolution shall be paid to the City at the time the application is made. <br />(c) Special Assessment of Processing Costs. An applicant may request that <br />processing costs exceeding $1,000.00 be specially assessed against the applicant's <br />property provided that the property owner accepts the assessment to the subject property <br />and waives any right of assessment appeal. <br />(d) Additional Deposits before Submittal. If the Community Development <br />Department determines that costs in addition to the set escrow will likely be incurred by <br />the City, then an additional sum as determined by the Community Development <br />Department shall be deposited with the City before the application is considered officially <br />submitted. <br />(e) Additional Deposits after Submittal. If at any point during the processing of a <br />land use application, the actual or estimated processing costs exceed the amount on <br />escrow, the applicant shall have ten (10) days to supply an additional escrow in an <br />amount equal to or greater than the estimated processing costs. <br />(f) Refund of Unused Deposits. Any portion of those funds deposited in escrow but <br />not expended or encumbered shall be returned to the applicant after final action on the <br />application. Under no circumstance shall an escrow be considered an interest bearing <br />account. <br />(Code 1978, § 9.03.02; Ord. No. 73-05, 5-21-1973; Ord. No. 86-2, 8-25-1986, Ord. No. 03-20, 8-25-2003) <br />State law reference — Fees, Minn. Stats. § 462.353, subds. 4, 4a. <br />Page 1 of 2 <br />Updated: January 2010 <br />