(A) Siting costs deposit. At the time of filing an application, the applicant shall submit to the Village Clerk a monetary deposit of $100,000 in the form of a check made payable to "Village of Itasca." Said filing deposit shall be used by the village to defray any reasonable and necessary costs incurred by the village in the site review process, including, but not limited to: Hearing Officer(s) fees and costs, court reporter, transcription services, newspaper public notice, Village Attorneys' fees and costs, fees and costs of consultant(s) or engineer(s), and any other relevant expense ("siting costs").
(B) In the event the siting costs are projected by the village to exceed the siting costs deposit, the applicant shall pay to the village an additional filing of $25,000 within seven business days of being notified of the anticipated deficiency.
(C) The Village Clerk, or her designee, shall present all invoices to be paid by the village from the siting costs deposit to the Village Board for approval. A copy of what is provided to the Village Board shall also be provided to the applicant, at least five calendar days before the Village Board meeting where the invoices are sought to be approved for payment. If the applicant disputes the reasonableness or necessity of any siting costs submitted to the Village Board for approval of payment from the filing deposit, the applicant is authorized to submit in writing or by oral statement at or in advance of the Village Board meeting its concerns, so that the concerns may be considered by the Village Board. If the applicant does not object and the invoices are paid, the applicant waives any contest of those invoices. Any discussion between the Village Clerk or Village Board and the applicant concerning fees or costs is not ex parte and is specifically allowed by this chapter.
(D) There is no waiver by the village of its right to reimbursement from the applicant.
(E) Any portion of the applicant's siting costs deposit that remains unexpended at the conclusion of the local site location review process (including all appeals), shall be returned to the applicant.
(Ord. 2088-23, passed 12-5-23)