(A) Costs and fees deposit.
(1) At the time of filing a petition, the applicant shall submit to the Village Clerk a costs deposit in the form of a certified or cashier’s check made payable to “Village of Carol Stream”, to pay the reasonable and necessary fees and costs of the village in processing and responding to the petition, including, but not limited to: village employee or staff review time, legal fees, expert witness fees, scientific testing, records or other investigations, data searches, notices, court reporters, transcription costs, consultants, as well as the cost of any agreement for an appropriate forum for the hearing, the Hearing Officer’s expenses and fees, and any other expenses incurred by the village in conducting their review of the petition, the public hearing, the village’s site location decision, and any appeal to the Illinois Pollution Control Board (“IPCB”), the Appellate or Supreme Courts of the State of Illinois, any federal court located within the State of Illinois, or any legal action concerning the siting process or the interpretation of this article relating to the siting application or process.
(2) The amount of the costs and fees deposited is $100,000.
(B) Additional initial costs and fees deposit. In the event the applicant files an amendment in accordance with 415 ILCS 5/39.2(e), an additional initial costs and fees deposit of $25,000 shall be delivered to the Village Clerk at the same time as the filing of the amendment, and such deposit shall be in the same form as described in division (A) above.
(C) Payment of fees and expenses. All fees and expenses incurred by the village as described in division (A) above, shall be paid from the fees and costs deposits as provided herein.
(1) Records of village-incurred fees and costs, including, but not limited to, relevant time records of village employees and staff, and village consultants, to the extent the village is seeking reimbursement of their time, are to be submitted by the persons creating such records to the Finance Director on a monthly basis.
(2) The Finance Director, or his or her designee, shall organize the records and prepare and submit periodic reports to the Village Board, Village Clerk and the applicant, of invoices to or expenditures by the village.
(a) The actual invoices and bills submitted to the Finance Director and included in the report submitted to the Village Board, Village Clerk and applicant, with all privileged and confidential information, if any, redacted.
(b) Inadvertent disclosure of confidential or privileged information by the village is not a waiver of confidentiality or privilege.
(3) Upon approval of each report, described in division (C)(2) above, by the Village Board, the Finance Director may draw upon the applicant’s cost and fees deposits in the amount of the reported incurred costs and fees, or as otherwise provided by the Village Board.
(4) In determining the fees to be paid to the village to reimburse the village for its employees’ or staff’s time involved in matters concerning the petition, the Finance Director shall determine a rate for each employee who submits a record of his or her time to the Finance Director, including in such rate, all costs of the village in compensating such employee or staff member, such as salary, wages or benefits. The Finance Director shall include the rate calculated per employee in the report described in division (C)(2) above.
(5) At any time the amount on deposit with the village falls below $5,000, then, upon written demand from the Director of Finance, the applicant shall deposit, within five business days of receipt of the demand, an additional $15,000, or the amount reasonably estimated to finish the process, whichever is greater. Any unpaid amount shall constitute a debt and the village shall recover its costs and attorneys’ fees, if it is required to make a claim or commence a suit against the applicant to recover the unpaid fees.
(6) Any portion of the fees and costs deposit that remains unexpended at the conclusion of the local site location review process (including all appeals and resolution of any applicant challenge to fees or costs), shall be returned to the applicant.
(7) Nothing herein limits an applicant’s ability to contest or object to the reasonableness of costs and expenses described herein.
(Ord. 2003-07-43, passed 7-21-2003)