(A) A minimum fee of $300 shall accompany an application for a zoning map amendment, zoning text amendment, conditional permitted use or variation and shall be filed with the Village Clerk by or on behalf of the owner or owners of the property affected.
(B) All applicants requesting a site plan review, subdivision, planned unit development, zoning, rezoning, annexation, conditional permitted use, variance or other zoning relief shall either pay directly to or reimburse the village for its reasonable costs for engineering, planning, legal or other professional consultants incurred in connection with preparing, studying, inspecting, reviewing, examining, checking and processing applicant’s request and plans.
(C) All bills for engineering, planning, legal and other professional consultants shall be submitted to the Village Clerk prior to the village submitting invoices to the applicant for prompt payment by the applicant.
(D) All village invoices for the services submitted by the village related to any application shall be paid promptly by the applicant, but not later than 30 days, and the obligation to reimburse the village or pay those providing services directly is binding whether or not the village approves the applicant’s site plan subdivision, planned unit development, zoning, rezoning, annexation, conditional permitted use or variance.
(E) Notwithstanding any other ordinances of the village, no site plan subdivision, planned unit development, zoning, rezoning, annexation, conditional permitted use, variance or other zoning relief shall be deemed to be approved unless or until the applicant has reimbursed the village or paid to those directly providing services, those costs incurred for engineering, planning, legal and other professional consultant fees incurred by the village in connection with the applicant’s request and plans.
(F) At the time an applicant files his or her application for a site plan review, subdivision, planned unit development, zoning, rezoning, annexation, conditional permitted use, variance or other zoning relief, the village shall furnish the applicant with a form which shall read substantially as follows:
APPLICANT: ___________________________
Date: ___________________________________
The following firm, representative, agent or individual does hereby state that it has been fully disclosed to said party that in order for the Village of Gardner to properly review and evaluate requests for site plan review, subdividing, planned unit developments, zoning, rezoning, annexation, conditional permitted use, variances or other zoning relief, the Village must necessarily utilize and engage the services of engineering, planning, legal and other professional consultants. The undersigned hereby agrees to pay to the Village of Gardner, either by reimbursement or directly to the professionals providing services, the reasonable costs incurred by the Village for such services pertaining to the request of the undersigned for such site plan review, subdividing, planned unit development, zoning, rezoning, annexation, conditional permitted use, variance or other zoning relief. It is further understood and agreed that all invoices for such services shall be paid promptly when submitted, but not later than 30 days, and that the obligation to reimburse the Village or pay the professionals providing said services directly is binding whether or not a site plan, subdivision, planned unit development, zoning, rezoning, annexation, conditional permitted use, variance or other zoning relief is in fact approved.
_______________________________________
Applicant
(G) The Village of Gardner Planning and Zoning Board or Gardner Village Council shall not be required to take any action on any application submitted until the applicant has signed the above form and properly filed an original or true and correct copy with the Village Clerk.
(H) At the time an applicant files his or her application for site plan review, subdivision, planned unit development or annexation, the applicant shall deposit with village the sum of $3,000 as a security deposit for the payment and satisfaction of the costs, engineering, planning, legal and other professional fees. The sum shall be returned to the applicant within 60 days following the complete payment and satisfaction of all slimes due herein. In the event the applicant fails to satisfy the financial obligations herein, the village may apply all or any portion of the security deposit against the obligation. The village may maintain an action at law or in equity to enforce the provisions of this chapter and the applicant shall be responsible for all costs and attorney’s fees incurred by the Village of Gardner in the enforcement of the provisions of this chapter, whether suit is filed or not. The Building and Zoning Officer is authorized to issue a stop work order, if applicable, until the applicant pays and satisfies its obligations, in full.
(Ord. VG05-401, passed 11-28-2005)