(a) When a property owner submits an application for a use variance under this Chapter, the property owner shall reimburse the Village for any professional fees and related costs associated with the Village's review, analysis, inspection, and other activity related to such request.
(b) The Director of Finance shall establish a Professional Fees, Costs, and Review Account for the Village of Glenwillow. The funds placed in this Review Account are subject to the deposit and fee schedules described in subparts (c) and (d) herein.
(c) A Professional Fees and Costs Deposit in the amount of one thousand dollars ($1000.00) shall accompany each use variance application submitted under this Chapter. The Deposit shall be placed in a Professional Fees, Costs, and Review Account, which shall be maintained for each separate application or appeal. The initial Deposit shall be received before the Village is to incur any professional fee or cost associated with the Village's review, analysis, inspection, and other activity related to an applicant's request. The Chief Building Official may, on a case by case basis, assess an applicant an additional Deposit based upon anticipated future professional fees and costs. At all times during the pendency of an application or appeal where professional fees and/or costs for the Village are required, such fees and costs shall be charged against the Professional Fees and Cost Deposit on a monthly and/or as needed basis and a positive balance shall be maintained in an applicant's professional review account. The Village shall give notice to an applicant once the balance in the applicant's professional review account reaches a five-hundred dollar ($500.00) or lower balance if an additional Deposit will be required. Should the fees as set forth in subpart (d) of this Section consume the entire initial Professional Fees and Costs Deposit, all reviews, consideration, deliberation and analysis of the subject application by the Village shall be suspended and no further work, and/or further use shall be done by the applicant or its agents until a supplemental Deposit is assessed and deposited. The balance of the Deposit funds on hand, after fees are assessed to said applicant, shall be returned to the applicant within ninety (90) days of the final conclusion of the project and any potential legal matter pertaining to the application or appeal.
(d) The Chief Building Official shall create and maintain a fee schedule for various tasks associated with the professional review, inspection or other conduct required in association with any use variance application submitted under this Chapter. Said fee schedule shall be created by the Chief Building Official in accordance with the fee service rates established by Village agreement with the professional. The fees shall be charged against the Professional Fees and Cost Deposit on a monthly and/or as needed basis. The fees set forth in the schedule shall not conflict with, and shall be in addition to, any other fee established by the Codified Ordinances.
(e) No approvals shall be granted for any application submitted under this Chapter unless and until the required initial and/or supplemental Deposit(s) described in this Section have been made.
(f) Whenever a property owner is required to reimburse the Village for professional fees pursuant to this Section, such applicant shall have the right to appeal to the Planning Commission the amount of such professional's fees charged to the applicant.
(1) An appeal under this subsection shall be initiated within ten (10) days after the fees are invoiced to the applicant by the Village, by the filing of a written Notice of Appeal with the Secretary of the Planning Commission, together with a deposit of an official bank check or certified check, or cash, in the full amount of the professional's fees which the applicant disputes. Such deposits shall thereafter be held by the Village until such time as the Planning Commission renders its decision as set forth below. The Notice of Appeal shall set forth a written summary of the applicant's grounds for disputing such fees.
(2) No later than thirty (30) days after the filing of such response, the Planning Commission shall conduct a hearing relative to the applicant's appeal.
(3) The Planning Commission shall thereafter determine, by a majority vote, whether the applicant has demonstrated, by a preponderance of the evidence, that the professional's fees are unreasonable. Reasonableness shall be determined based upon the following factors:
A. The terms of the contract between the Village and the professional.
B. The amount of time expended on the review by the professional and the nature of the issues under review.
(4) In the event the Planning Commission denies the appeal, the Village shall immediately utilize the deposit previously referred to herein for the payment of the professional's fees. In the event the Planning Commission agrees with the applicant that the professional's fees are unreasonable, then the Planning Commission shall determine a reasonable amount for such professional fees and shall thereafter direct the Village to pay to such professional the amount so determined from the deposit previously referred to herein. The balance remaining in such deposit shall be remitted to the applicant. The Village shall have no liability to the professional for services rendered on any project of an applicant for any sums determined under this section to have been unreasonably charged for such professional's services.
(Ord. 2021-05-15. Passed 8-4-21.)