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A. Costs for Hearing Examiner review, except appeals, and/or third-party technical review by consultants under contract with the City for review of critical areas, radio frequency engineering, or other disciplines shall be borne by the applicant in full at the actual cost invoiced by the Hearing Examiner and/or consultant.

B. When a Hearing Examiner review is required according to this title or when peer-review of a land use application is determined necessary by the City Planner or designee, the applicant shall provide a deposit or deposits and associated administrative fee(s) in the amounts established by resolution of the City Council.

C. In the event such costs do not exceed the initial deposit amount(s), the City shall refund any unused portion within thirty days of receipt of the Hearing Examiner’s or consultant’s final invoice.

D. If the application is withdrawn before billable time is expended by the Hearing Examiner and/or consultant(s), the deposit(s) shall be returned in full within sixty days of written request to withdraw the application.

E. If the invoiced costs exceed the cumulative amount for all deposits for an application, the applicant shall pay the difference before the final permit is released. In any event, the applicant shall be responsible for all project costs invoiced by the Hearing Examiner or consultant(s). The City shall endeavor to monitor the deposit amount(s) and may, but shall not be required to, notify the applicant before costs exceed the initial deposit. The City may halt processing of a development application until a supplemental deposit covering the reasonable additional costs of Hearing Examiner or Consultant services is received. The City shall not be liable for a failure to notify the applicant that costs have exceeded the deposit amount(s). (Ord. 2300, 2016)

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