Agenda - Council Work Session - 09/26/2023

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 zoning administrator shall be deposited with the City before the application is considered officially submitted. (E) Additional deposits after submittal If at any point during the processing of a land use application, the actual or estimated processing costs exceed the amount on escrow, the applicant shall have ten days to supply an additional escrow in an amount equal to or greater than the estimated processing costs. Failure to provide additional funds into a deficit account can result in assessing the costs to the property subject to the application. (F) Refund of unused deposits. Any portion of those funds deposited in escrow but not expended or encumbered shall be returned to the applicant after final action on the application. Under no circumstance shall an escrow be considered an interest bearing account. 202 Required Sureties and Financial Guarantees Upon approval ut a land use application or administrative site plan review where a new building and/or site improvements are being constructed or reconstructed, the City shall be provided with a cash escrow, cash bond, and/or letters of credit prior to the issuing of building permits or initiation of work on the proposed improvements or development. This security shall guarantee conformance and compliance with the conditions of the approval and the provisions of this Code. (A) The security shall be in the amount equal to 125 percent the applicant's estimated costs of labor and materials for the proposed improvements or development. (B) The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the provisions of the land use application and this chapter has been issued by the building official. A maintenance period of ne F^^r^ +h "aR two years for landscaping improvements may be collected as established by the annual fee schedule. (D) Failure to comply with the conditions of the land use application approvals and the provisions of this chapter shall result in forfeiture of the security. (E) Landscape escrow for single-family lots. A landscape escrow, in an amount to be determined by the annual fee schedule "or—� ^ffaT, shall be deposited for all required landscaping, including topsoil, sod, and trees, which is not established at the time of issuance of a certificate of occupancy. Installation of required landscaping, including topsoil, established groundcover sed ,or seeding I Ae ^^rfflit and trees, shall be completed within six months of the issuance of the certificate of occupancy, weather permitting. The city may draw upon the escrow to install the required landscaping if said work is not completed within six months of the date of issuance of the certificate of occupancy. 203 Development Agreements Whenever a performance guaranty is imposed by the city, the applicant shall be required to enter into a development agreement with the city. This agreement is to provide authorization to the city to utilize the posted security and complete stipulated work should the applicant fail to meet the terms and conditions of the development. Said agreement shall hold harmless the City for completion of the work and address other matters as may be determined by the City Attorney. The development agreement shall be approved by the City Council. 210 Land Use Applications The tollowing land use application types are required and are described further in this chapter: (A) Variances (B) Site Plan Review (C) Conditional Use Permits and Amendments (D) Interim Use Permits (E) Zoning Text Amendments Page 27 of 160