Chapter 15.40
CONSULTANT FEES

Sections:

15.40.010    Findings--Costs to be borne by proponent.

15.40.020    Evaluation of improvements--Outside consultant or city engineer.

15.40.030    Agreement for payment of costs.

15.40.040    Notification of applicant--Withdrawal or deposit of cash or bond.

15.40.050    Revised cost estimate.

15.40.060    Approval may be withheld until fees are paid.

15.40.010 Findings--Costs to be borne by proponent.

It is specifically found that the requirements imposed by state and federal laws, and the adequate protection of the citizens of the city of Elma, mandate that the city have available to it the means to adequately review, when it deems it necessary, each separately proposed subdivision, street modification or improvement, or utility expansion or extension. It is further found that the requirement that the additional cost review of such projects be borne as a general governmental cost is not appropriate and that the proper procedure is to require that the proponent internalize the cost of such required review by paying the cost thereof. (Ord. 670 §1, 1978).

15.40.020 Evaluation of improvements--Outside consultant or city engineer.

In the event that the city, in its discretion, determines, either prior to or during the course of review, evaluation and proposal of any subdivision or short subdivision submitted under Title 16 of this code, any zoning modification submitted under Title 17 of this code, any extension or modification of utility service pursuant to the provisions of Title 13 of this code, or of any street or sidewalk pursuant to the provisions of Title 12 of this code, the city may retain an outside consultant or utilize the services of its city engineer to evaluate proposed plans or inspect the construction activities associated with such improvements. (Ord. 670 §2, 1978).

15.40.030 Agreement for payment of costs.

In the event that, pursuant to Section 15.40.020, the city determines that such a retention or utilization is necessary in the best interest of the city, then the applicant or proponent shall enter into an agreement with the city or, with the consent of the city, directly with the outside consultant or city engineer, to pay the cost of such valuation, review or inspection activities.

In the event the agreement is directly with the city, the agreement shall provide that the proponent or applicant shall, upon presentation of an invoice tendered to the applicant or proponent, pay any of the moneys represented therein to the city. In the event that there are not adequate moneys within the deposit required pursuant to the provisions of Section 15.40.040 to pay the bill, the applicant or proponent shall tender adequate funds to the city within thirty days of the date of billing.

The bill shall be in an amount equal to the actual cost to the city of the services, plus ten percent for administration and processing. (Ord. 670 §3, 1978).

15.40.040 Notification of applicant--Withdrawal or deposit of cash or bond.

In the event that the city determines it is necessary to utilize the services of an outside consultant or the city engineer, pursuant to the provisions of this chapter, the developer shall be so notified. The city, at the time of notification, shall inform the applicant or proponent of the estimated cost of the services to be performed by the consultant. Upon being so informed, the applicant may withdraw his application or request without prejudice to his ability to resubmit at a later time. Any such request shall be made within ten days of the notification of the city’s intention to require the services anticipated. In the event of such a request, any filing fee previously paid to the city in relation to any required application shall be refunded by the city, after subtracting any costs of publication.

In the event that the proponent or applicant does not so request a withdrawal, he shall post with the clerk-treasurer of the city a cash deposit equal to the estimated cost of the services to be performed by the consultant, plus ten percent; provided, that with the consent of the city a bond, in a form satisfactory to the city, may be posted to guarantee the payment of the moneys. In the event that cash is deposited, any charges incurred and billed to the city by consultant shall be deposited from the deposit. In the event a bond has been provided, upon receipt of a statement the city shall tender the statement pursuant to the provisions of Section 15.40.020. (Ord. 670 §4, 1978).

15.40.050 Revised cost estimate.

In the event that services of a cost in excess of the posted amount are required, the city shall notify the proponent or applicant immediately upon determination or the discovery of the need for the additional services and shall provide the applicant or proponent a revised cost estimate. The proponent or applicant shall post any such additional cash deposit required as a result of the revised cost estimate. (Ord. 670 §5, 1978).

15.40.060 Approval may be withheld until fees are paid.

In the discretion of the city, the approval of the proposed project, the issuance of any required permit, or the acceptance of the improvement in question may be withheld until all fees incurred pursuant to the provisions of this chapter are fully paid and the city is in receipt of proof thereof. (Ord. 670 §7, 1978).