A. Place of Filing. All applications filed pursuant to this Code shall be filed with the Office of the Village Manager or with such other Village official or body as the Village Manager may by administrative order designate.
B. Form; Number; Scale. All applications filed pursuant to this Code shall be on forms supplied by the Village and shall be filed in such number of duplicate copies as the Village Manager may designate by administrative order. All plans filed as part of any application shall be at a scale sufficient to permit a clear and precise understanding of the contents of said plans and the proposal being made and shall be folded to a size of 8-1/2 inches by 11 inches.
C. Filing Deadlines.
1. Applications Requiring Hearings. An application requiring a public hearing will not be scheduled for such hearing unless filed, in proper form and number and containing all required information, in accordance with the schedule posted in the Village Manager's Office. An application so filed will be scheduled for hearing on the requested hearing date, or on the first available date thereafter open on the relevant hearing agenda, on a first-filed-first-scheduled basis.
2. Applications Not Requiring Hearing. An application that does not require a public hearing shall be filed, in proper form and number and containing all required information, in accordance with the schedule posted in the Village Manager's Office. An application so filed will be processed on a first-filed-first-processed basis.
3. Supplemental Data. Whenever supplemental data in connection with a previously filed application is required by the Village, it shall be submitted by the application deadline for the meeting on which it is to be considered at or acted upon in connection with such application. The failure to file such data in a timely manner shall, in the discretion of the Village Manager and of the body hearing the application, be cause to delay a requested or scheduled hearing date.
D. Fees.
1. Fee Established; Lien. Every application filed pursuant to this Code shall be accompanied by a non-refundable application and filing fee in accordance with the fee schedule established by the Village Manager. For special use permit and zoning amendment applications, such fee may include reimbursement of any recoverable costs incurred by the Village. The owner of the property subject of the application and, if different, the applicant shall be jointly and severally liable for the payment of said fee. By signing the application (either directly or through an agent), the owner shall be deemed to have agreed to pay such fee and to consent to the filing and foreclosure of a lien on the subject property to ensure collection of any such fee, plus the costs of collection, in the event such fee has not been properly paid as required with the filing of the application. Any lien filed pursuant to this Subsection may be foreclosed in the manner provided by statute for mortgages or mechanics' liens.
2. Recoverable Costs. The costs incurred by the Village in processing an application shall be deemed to consist at least of the following items of direct and indirect expense:
(a) Legal Publication (direct cost);
(b) Recording Secretarial Services (direct cost);
(c) Court Reporter (direct cost);
(d) Document Preparation and Review (hourly staff salary times a multiplier to be established from time to time by administrative order of the Village Manager at a level sufficient to recover 100 percent of the direct and indirect cost of such service);
(e) Consultant Fees and Expenses (engineering, legal, planning, etc.) (direct cost);
(f) Copy Reproduction (direct cost)
(g) Document Recordation (direct cost); and
(h) Inspection Fees (direct cost).
3. Fee Payment and Escrow.
(a) Initial Payment and Escrow. Every application for a special use permit or a zoning amendment that is filed pursuant to this Code shall be accompanied by the required fee plus an additional amount for recoverable costs as provided in Paragraph D2 above, as fixed from time to time by administrative order of the Village Manager, to be deposited in an application fee escrow. No interest shall be payable on any such escrow.
(b) Charges Against Escrow. From the date of filing of any application pursuant to this Code, the Village shall maintain an accurate record of the recoverable costs as herein above defined, incurred in the processing such application. The Village Manager shall, from time to time, draw funds from the escrow account established for such application to pay such costs and shall transfer such funds to the appropriate Village accounts. The Manager shall maintain an accurate record of all such drawings.
(c) Additional Escrow Deposits. Should the Village Manager at any time determine that the escrow account established in connection with any application is, or is likely to become, insufficient to pay the actual costs of processing such application, the Manager shall inform the applicant of that fact and demand an additional deposit in an amount deemed by him to be sufficient to cover foreseeable additional costs. Unless and until such additional amount is deposited by the applicant, the Village Manager may direct that processing of the application shall be suspended or terminated.
(d) Final Settlement. As soon as reasonably feasible following final action on an application, the Village Manager shall cause a final accounting to be made of the escrow deposits made in connection with such application and the actual cost of processing such application and shall make final charge of such costs against such escrow deposits. A copy of the accounting shall be provided to the owner and the applicant.
If the amount in the escrow account is insufficient to pay the total actual costs, a written demand for payment of the balance due shall be mailed to the owner and the applicant. If unused balance remains in the escrow account after paying the total actual costs, it shall be returned to the applicant.
4. Condition of All Applications, Approvals, and Permits; Time Periods. No application filed pursuant to this Code shall be considered complete unless and until all fees due pursuant to this Subsection have been paid. Every approval granted and every permit issued pursuant to this Code, whether or not expressly so conditioned, shall be deemed to be conditioned upon payment of fees as required by this Subsection.
When this Code provides that the passage of time without decision or action shall be deemed an approval or a recommendation for approval, all time periods shall be tolled during any period of non-payment, but shall otherwise continue to run.
The failure to pay fully any such fee when due shall be grounds for refusing to process an application and shall be deemed a withdrawal or forfeiture of any permit or approval sought or issued with respect to the land or development to which the unpaid fee relates.
E. Minimum Data Requirements. Every application submitted pursuant to this Code shall contain such information as is required by the Village from time to time. Application requirements shall be established by administrative order and shall be made available to all applicants in the office of the Village Manager.
F. Special Data Requests. In addition to the data and information required pursuant to Subsection E of this Section, every applicant shall submit such other and additional data, information, or documentation as the Village Manager or any board or commission before which its application is pending may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
G. Waiver of Application Requirements. Notwithstanding any other provision of this Section, the Village Manager shall have the authority to waive any requirement set forth in Subsection A, B, C, or E of this Section when, in his or her judgment, such waiver is appropriate in light of the nature and extent of the relief being sought or in light of special circumstances making compliance with those provisions either unnecessary or unduly burdensome; provided, however, that any board or commission before which such application may come shall continue to have the right to request additional information pursuant to Subsection F of this Section and to delay processing of such application until such information is provided and available in accordance with the deadlines established in Subsection C of this Section. The Village Manager shall provide his or her reasons why any such requirements have been waived, and shall refer such reasons to the appropriate boards and commissions.
H. Concurrent Applications. When a proposed use or development requires more than one approval pursuant to this Code, applications for all such approvals may be filed concurrently notwithstanding the fact that approval of one application may be a pre-condition to approval of other applications. Such applications may in the discretion of the official, officials, body, or bodies charged with review of such applications be processed together; provided, however, that no application shall be approved unless all applications that are a pre-condition to its approval have first been approved.
I. Withdrawal of Application. An applicant may withdraw an application at any time prior to a final decision having been rendered with respect thereto, provided that the applicant shall have paid all applicable fees pursuant to Subsection 7-201D of this Code. Such withdrawal shall be without prejudice to the applicant's right to refile such application, but any such refiling shall be treated as an entirely new filing and shall be subject to the procedures and fees of this Code in the same manner as any other new application.