(A) Incorporation of recitals. The recitals in Ordinance 2004-12 are incorporated herein as if fully set forth in this division (A).
(B) Imposition of fee reimbursement agreement as a prerequisite to the processing of any application or petition for relief from the village.
(1) There is hereby mandated the execution of a fee reimbursement agreement (“Agreement”) as a prerequisite and condition precedent to the processing of any application for relief from the village arising under and within any of the following provisions of ILCS Ch. 65, Act 5, or any federal or state or regional or county statute or regulation relating to the following topics:
(a) Annexation;
(b) Development;
(c) Land use;
(d) Impact analysis;
(e) Zoning;
(f) Subdivision;
(g) Environmental;
(h) Right-of-way and village property management and disposition; and
(i) Engineering.
(2) This Agreement is attached as Exhibit “A” to Ordinance 2004-12 and hereby approved as to form and substance. The village may revise the Agreement from time to time.
(C) Applicability. The Agreement shall be fully executed in relation to all projects within the scope of division (B) above which are not owned or leased by a government entity or agency with offices, materials, or services within the project area. If a portion of the project is owned or leased by the government entity(ies) or agency(ies), then those itemized sums relating to the project and dedicated solely to the government entity(ies) or agency(ies) shall be deducted from the sums to be reimbursed.
(D) Financial hardship.
(1) By ordinance following application for relief from the deposit requirements, the village may authorized execution of the Agreement and the provision of services upon a showing of financial hardship by a land owner (not contract purchase or tenant). Financial hardship shall mean any of the following:
(a) Uninsured loss or casualty of more than 49% of a statue;
(b) Status of the waiver applicant as generating income that is no greater than 120% above the poverty level; and/or
(c) Existence of the bankruptcy of the owners occurring following hearing.
(2) At all times, the applicant for waiver must establish inability to pay via competent evidence submitted to the Village Clerk and referred to the village corporate authorities for decision.
(E) Effectiveness. This section shall be in full force and effect from and after its passage, approval, and publication in pamphlet form (and otherwise as required by law) as provided in ILCS Ch. 65, Act 5, § 1-2-4.
(F) Publication. In accord with ILCS Ch. 65, Act 5, § 4-5-13, this section has remained on file in its final form for the minimum required period prior to passage in a location within the Village Hall and outside the Clerk’s office for public viewing. The Village Clerk is hereby authorized to publish this section in book or pamphlet form or the other form which is permitted or required pursuant to applicable law.
(Ord. 2004-12, passed 4- -2004)