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(A) To assist in defraying costs of investigating, reviewing, and administering zoning applications, appeals, rezoning requests from individual property owners, and other types of decisions which result in extra costs to the village, the Village Council may from time to time adopt by resolution a fee schedule establishing basic zoning fees related to the following:
(1) Zoning permits;
(2) Special use permits;
(3) Requests for classification of property;
(4) Appeals to or requests for interpretations by the Zoning Board of Appeals;
(5) Requests for rezoning of property by individual property owners or amendments to the zoning code text;
(6) Requests for a special meeting of the Planning Commission; and
(7) Change of use permits.
(8) Appeals to and request for interpretations initiated by the Village Council, the Planning Commission, or the Zoning Administrator shall not be subject to zoning fee.
(9) Rezoning of property or text amendments initiated by the Village Council, the Planning Commission, or the Zoning Administrator shall not be subject to a zoning fee.
(B) The amount of these zoning fees shall cover the costs associated with the review of the application or appeal, including but not limited to the costs associated with conducting public hearings, publishing notices in the newspaper, sending required notices to property owners, postage, photocopying, mileage, time spent by zoning staff, time spent by the members of the Planning Commission and/or Zoning Board of Appeals, cost of professional services, and costs to establish a legal fund. The basic zoning fees shall be paid before any application required under this section is processed. The basic zoning fees are non-refundable, even when the applicant withdraws an application or appeal.
(C) If the Planning Commission Board or its Chairperson or Zoning Board of Appeals or its Chairperson determines that the basic zoning fees will not cover the actual costs of the application review or appeal, or if the Planning Commission Board or its Chairperson or Zoning Board of Appeals or its Chairperson determines that the review of the application and/or participation in the review process or appeal by qualified professional planners, engineers, attorneys, or other professionals is necessary, then the applicant shall deposit with the Village Treasurer such additional zoning fees in an amount determined by the Planning Commission Board or its Chairperson or Zoning Board of Appeals or its Chairperson equal to the estimated additional costs. The additional zoning fees shall be held in escrow in the applicant’s name and shall be used solely to pay these additional costs. If the amount held in escrow becomes less than 10% of the initial escrow deposit or less than 10% of the latest additional escrow deposit and review of the application or decision on the appeal is not completed, then the Planning Commission Board or its Chairperson or Zoning Board of Appeals or its Chairperson may require the applicant to deposit additional fees into escrow in an amount determined by the Planning Commission Board or its Chairperson or Zoning Board of Appeals or its Chairperson to be equal to the estimated costs to complete the review or decide the appeal. Failure of the applicant to make any escrow deposit required under this section shall be deemed to make the application incomplete or the appeal procedurally defective thereby justifying the denial of the application or the dismissal of the appeal. Any unexpected funds held in escrow shall be returned to the applicant following final action on the application or the final decision on the appeal. Any actual costs incurred by the village in excess of the amount held in escrow shall be billed to the applicant prior to the issuance of any permit or the release of a final decision on an appeal.
(Ord. passed 10-23-1978, §16.03; Res. 09-07, passed 6-4-2007)