(A) Fee established; lien. Every application filed pursuant to this chapter shall be subject to a non-refundable application and filing fee in the amounts established by resolution adopted by the Board of Trustees from time to time, plus the actual cost, as hereinafter defined, incurred by the village in processing the application. The owner of the property which is the subject of the application and, if different, the applicant, shall be jointly and severally liable for the payment of the fee. By signing the application, the owner shall be deemed to have agreed to pay the fee and to consent to the filing and foreclosure of a lien on the subject property to ensure collection of any fee, plus the costs of collection, which has not been paid within 30 days following the mailing of a written demand for the payment to the owner at the address shown on the application. Any lien filed pursuant to this subsection may be foreclosed in the manner provided by statute for mortgages or mechanics liens.
(B) Recoverable costs. For purposes of calculating the fee due pursuant to subsection (A) above, the actual costs incurred by the village in processing an application shall be deemed to consist of the following items of direct and indirect expense:
(1) Legal publication (direct cost);
(2) Recording secretarial services (direct cost);
(3) Court reporter (direct cost);
(4) Administrative preparation and review (hourly salary times a multiplier to be established from time to time by the Village Manager at a level sufficient to recover 100% of the direct and indirect cost of the service);
(5) Document preparation and review (hourly salary times a multiplier to be established from time to time by the Village Manager at a level sufficient to recover 100% of the direct and indirect cost of the service);
(6) Professional and technical consultant services (direct cost);
(7) Legal review, consultation and advice (direct cost);
(8) Copy reproduction (direct cost); and
(9) Document recordation (direct cost).
(C) Fee payment and escrow.
(1) Initial payment and escrow. Every application filed pursuant to this chapter shall be accompanied by the required fee plus an additional amount for recoverable costs as provided in subsection (B) 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 escrow.
(2) Charges against escrow. From the date of filing of any application pursuant to this chapter, the village shall maintain an accurate record of the actual costs, as hereinabove defined, of processing the application. The Village Manager shall, from time to time, draw funds from the escrow account established for the application to pay the costs and shall transfer the funds to the appropriate village accounts. The Manager shall maintain an accurate record of all drawings.
(3) 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 the application, the Manager shall inform the applicant of that fact and demand an additional deposit in an amount deemed by him or her to be sufficient to cover foreseeable additional costs. Unless and until the additional amount is deposited by the applicant, the Village Manager may direct that processing of the application shall be suspended or terminated.
(4) 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 the application and the actual cost of processing the application and shall make a final charge of the costs against the 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.
(D) Condition of all applications, approvals and permits; time periods. No application filed pursuant to this chapter shall be considered complete unless and until all fees and deposits due pursuant to this section have been paid. Every approval granted and every permit issued pursuant to this chapter shall, whether or not expressly so conditioned, be deemed to be conditioned upon payment of fees as required by this section. Where this chapter provides that the passage of time without decision or action shall be deemed an approval or a recommendation for approval, time periods shall be tolled during any period of nonpayment, but shall otherwise continue to run. The failure to fully pay any fee or deposit, when due, shall be grounds for refusing to process an application and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee or deposit relates.
(E) Specified public bodies exempt. The provisions of this section shall not apply to, and no fee shall be required of, any public body or agency deriving the majority of its revenues from taxes levied within the village.
(1959 Code, § 32-9) (Ord. 951, passed 4-10-2006)