The amount of any fee or deposit required in accordance with
this chapter shall be established by resolution of the city council,
which may revise such amount from time to time as is appropriate.
Such fees and deposits shall be sufficient to compensate the city
fully for the actual costs of conducting the applicable inspection,
review, processing or other activity, as specified in this chapter.
If the actual costs of conducting a particular subdivision processing
activity are less than the amount paid, then a refund shall be authorized
to the subdivider for the excess amount.
If the actual costs of conducting a particular subdivision processing
activity exceed the amount paid, then the subdivider shall pay an
amount deemed sufficient to cover the remainder of costs. If the subdivider
fails or refuses to pay such amount upon demand, the city may recover
the same by action in any court of competent jurisdiction. Until such
amount is paid in full, the particular processing activity shall not
be completed, nor any related materials released, nor any additional
processing activity conducted.
All deposits made will be deposited in the name of the owner
or subdivider. All notices for additional deposits or refunds will
be sent to the owner or subdivider of record. No refunds will be made
until all engineering, construction of improvements, plans, maps,
documents and reports are approved, and/or accepted and/or recorded
as required in this title. However, a letter from the owner or subdivider
to the city engineer stating that the project has been cancelled prior
to the recording of the parcel map with the county recorder, or approval
of the final subdivision map by the city council, shall release all
moneys eligible for refund. No refunds shall be made to any other
than the owner or subdivider or his/her legal representative.
When computing fees and charges to be imposed in accordance
with this chapter, which are based upon the number of parcels and
lots or total site area, any streets, lots, parcels or other areas
which are reserved for future street or other right-of-way development,
shall not be considered.