(a) Established: Except for those petitions specifically exempted in subsection (b), every land use petition filed and processed pursuant to (1) this Code, (2) the "Deerfield Zoning Ordinance 1978," as amended, or (3) the "Subdivision Code," as amended, that requires the Village to incur costs or expenses identified in subsection (d) shall be subject to the requirements set forth in this section. The recovery of Village costs and fees shall be in addition to any and all other filing fees and other charges established by the Village. For purposes of this section, the word "petition" is deemed to include and refer to any and all petitions and applications filed or processed pursuant to this Code, the "Deerfield Zoning Ordinance 1978," as amended, or the "Subdivision Code," as amended.
(b) Exemptions: The following shall be exempt from the requirements of this section:
(1) Petitions for land uses that relate solely to one- and two- family dwellings;
(2) All petitions seeking relief pursuant to this Code, the "Deerfield Zoning Ordinance 1978," as amended, or the "Subdivision Code," as amended, filed by other public bodies, charitable or religious organizations, or other tax-exempt organizations.
(c) Responsibility For Payment: The owner of the property that is the subject of the land use petition and, if different, the petitioner for the subject land use relief, shall be jointly and severally liable for the payment of recoverable costs and fees, as defined herein. By signing the petition, the owner or petitioner shall be deemed to have agreed to pay, and to have consented to payment of recoverable costs and fees, plus any costs of collection, that have not been paid within thirty (30) days following the mailing of a written demand for payment to the owner or petitioner at the address set forth on the petition, including any additional recoverable costs and fees assessed. Any lien filed pursuant to this subsection may be foreclosed in the manner provided for mortgages or mechanics' liens under Illinois law.
(d) Recoverable Costs And Fees: The recoverable costs and fees incurred by or on behalf of the Village in processing a petition shall include all outside or third party costs, fees, and expenses related to the petition, including, without limitation, the following items:
(1) Publication and posting of notices;
(2) Court reporter fees, including the cost of all transcripts ordered, or any subsequent transcription of audio/video recordings;
(3) Fees and expenses incurred by or on behalf of the Village for outside professional and technical consultants, including, without limitation, civil engineers, traffic engineers, planners, architects, and financial consultants;
(4) Cost of the Village Attorney and assistant Village Attorneys and staff measured by their time expended and multiplied by their applicable hourly rate of pay for land use petition matters, as well as expenses incurred by the Village Attorney;
(5) The costs of any Village retained attorney or law firm, for consultation, meeting attendance, document preparation, advice and review;
(6) Copy reproduction;
(7) Costs of document recordation by the county plus an additional fee for recording of fifty dollars ($50.00);
(8) Mailing costs; and
(9) Proof of ownership or title searches.
(e) Payment Of Recoverable Costs And Recoverable Cost Escrow:
(1) Charges Against Petitioner: From the date of filing any petition, the Village shall maintain an accurate record of the actual costs and fees of processing the petition. The Village may, from time to time, invoice for such actual costs and fees. The Village shall maintain an accurate record of all the costs and fees and time expended.
(2) Final Settlement: As soon as reasonably feasible following final action on a petition, the Village shall prepare a final invoice in connection with the petition and of the actual cost and fees of processing the petition and shall make a final charge of the actual costs and fees. A copy of the invoice shall be provided to the owner and the petitioner for prompt payment thereof.
(f) Condition Of All Petitions, Approvals And Permits: Every approval granted and every permit issued pursuant to this Code, the "Deerfield Zoning Ordinance 1978," as amended, or the "Subdivision Code," as amended, shall, whether or not expressly so conditioned, be deemed to be conditioned upon payment of recoverable costs and fees as required by this section.
(g) Failure To Pay Recoverable Costs And Fees: The failure to pay in full when due any recoverable cost, fee or deposit required under this section shall be grounds for refusing to process a petition and for denying or revoking any permit, or approval sought or issued with respect to the land or development to which the unpaid recoverable cost, fee or deposit relates. (Ord. 0-20-22, 10-5-2020)