(A) No later than 14 days prior to submittal of an application for site location approval, applicant shall cause notice of intent to submit such an application to all owners of property within 250 feet in each direction of the lot line of the subject property line, and to all members of the General Assembly from the legislative district in which the site is located. Notification must be in conformance with the provisions of Section 39.2 of the Act (ILCS Chapter 415, Act 5, §39.2). Proof of compliance with the above-stated notification requirements must be submitted with the application.
(B) (1) Each application for a new pollution control facility to be processed pursuant to this subchapter shall include a $200,000 application fee. This fee shall be waived if the applicant is a duly constituted Illinois municipality in good standing.
(2) The applicable filing fee is intended to defray the reasonable and necessary costs of addressing and processing all aspects of the application, including, but not limited to, pre-filing review matters, cost of site inspections, clerical expenses, copying costs, space rental, hearing officer compensation, court reporter expenses, transcription costs, public notice expenses, staff review time, reasonable attorney fees, times and consultants retained by the village (such as qualified professional engineers, planners, appraisers, environmental counsel, etc.) including test analysis, exhibit examination and other testimony (if any) provided by such consultants and professionals, as well as all other reasonable costs and expenses incurred by village staff in review and evaluation of the application, as well as all other relevant costs incident to consideration of all aspects of the application, the costs incident to preparing the record for appeal, and the cost of representing the village on appeal in case of an appeal of the granting and/or denial of site location approval (the "village's costs").
(3) Any portion of the application fee that remains unexpended upon final resolution of the siting process (including appeals to the Illinois Pollution Control Board, Appellate Courts, Illinois Supreme Court, Federal Courts and any other administrative review) shall be returned to the applicant. Should there be any additional costs incurred by the village in excess of the application fee, the applicant shall bear any and all additional costs, and shall promptly pay the same within 30 days following written notice thereof. Applicant shall further be responsible to reimburse the village for expenses and reasonable attorney's fees incurred by the village as a result of any collection activity or litigation necessarily instituted by the village to collect such additional costs.
(Ord. 06-19, passed 6-19-2006)