(a) All persons submitting an application, license, or other request to the Village Engineer, Street Commissioner, Zoning Inspector, Planning Commission, and/or the Board of Zoning Appeals shall be required to reimburse the Village for any professional fees and related costs associated with the Village's review, analysis, inspection, and other activity related to such request.
(b) The Planning Commission shall, subject to the approval of the Mayor and a majority vote of Council, establish a Professional Fees, Costs, and Review Account for the Village of Boston Heights. The funds placed in this Review Account are subject to the deposit and fee schedules described in subparts (c) and (d) herein.
(c) A Professional Fees and Costs Deposit shall accompany each application, license, or request submitted to the Village Engineer, Street Commissioner, Zoning Inspector, Planning Commission, and/or the Board of Zoning Appeals. The Deposit shall be placed in a Professional Fees, Costs, and Review Account, which shall be maintained for each separate application, license or request. The initial Deposit shall be received before the Village will incur any professional fee or cost associated with the Village's review, analysis, inspection, and other activity related to an applicant's request. The specific amount for an initial Deposit shall be established in a schedule created by the Mayor and approved by the Village Engineer and a majority vote of Council. The Mayor may, on a case by case basis, assess an applicant an additional Deposit based upon anticipated future professional fees and costs. At all times during the pendency of an application, license or request where professional fees and/or costs for the Village are required, such fees and costs shall be charged against the Professional Fees and Cost Deposit on a monthly and/or as needed basis and a positive balance shall be maintained in an applicant's professional review account. The Village shall give notice to an applicant once the balance in the applicant's professional review account reaches a five hundred dollar ($500.00) or lower balance if an additional Deposit will be required. Should the fees as set forth in subpart (d) consume the entire initial Professional Fees and Costs Deposit, all reviews, consideration, deliberation and analysis of the subject application, license or request by the Village shall be suspended and no further construction, work, and/or further use shall be done by the applicant or its agents until a supplemental Deposit is assessed and deposited. The balance of the Deposit funds on hand, after fees are assessed to said applicant, shall be returned to the applicant within 90 days of the final conclusion of the project and any potential legal matter pertaining to the request, application or license.
(d) The Mayor shall also create a fee schedule for various tasks associated with the professional review, inspection or other conduct required in association with any application, request or license submitted to the Village Engineer, Street Commissioner, Zoning Inspector, Planning Commission, and/or the Board of Zoning Appeals. The fee schedule shall be created by the Mayor with the approval of the Village Engineer and a majority vote of Council. The fees shall be charged against the Professional Fees and Cost Deposit on a monthly and/or as needed basis. The fees set forth in the schedule shall not conflict with any other fee established by the Codified Ordinances.
(e) No approvals shall be granted for any application, license, or other request submitted to the Village Engineer, Street Commissioner, Zoning Inspector, Planning Commission, and/or the Board of Zoning Appeals unless and until the required initial and/or supplemental Deposit have been made.
(f) The commencement, undertaking and/or completion of any construction, grading, soil preparation or other activity conducted by an applicant related to a project that requires a Deposit under this Codified Ordinance is strictly prohibited until an initial and/or supplemental Deposit has been made. Any such work completed without the submission of an initial and/or supplemental Deposit shall be subject to removal and/or demolition by the Village at the applicant's costs.
(Ord. 2017-7-15. Passed 9-12-17.)