Pursuant to paragraph A(5) of article IV of the LCWDO, the following schedule of fees is hereby adopted and imposed in accordance with the provisions of the LCWDO, and such fees shall be payable as an addition to, and not in lieu of, all other amounts payable under the applicable ordinances of the village:
A. Minimum Administrative Fee: Any application, petition or request for any permit, approval, appeal, variation, and/or review required by the provisions of the LCWDO, or any combination of any of the foregoing, when filed or submitted, must be accompanied by a nonrefundable minimum administrative fee as specified from time to time in section 1-10-7 of this code plus such additional fee as is sufficient to reimburse the village for the estimated time spent by various village employees in connection with each such permit, approval, and/or review, including inspections. The rates charged for such employee time shall be an amount equal to two (2) times the hourly rate then in effect in order to reimburse the village for all of its costs incurred for each such employee's salary and benefits that the village provides.
B. Professionals, Experts And/Or Consultants: The village may, at its discretion, retain such professionals, experts, and/or consultants as it deems necessary for a full and complete review and consideration of any such application, petition or request. Such professionals, experts and/or consultants may include, but shall not be limited to, engineers, land planners, environmentalists, conservationists, arborists, architects, attorneys, landscape architects, surveyors, soil experts, and such other professionals, experts or consultants as the village deems necessary and the cost of such services shall be borne by the applicant or petitioner as hereinafter provided. The applicant or petitioner, as the case may be, shall be obligated to reimburse the village for all expenses incurred by the village relative to applicant's or petitioner's respective application, petition, or request, including, but not limited to, fees for the services of any and all of the foregoing professionals, experts and consultants relative to the respective petition and/or application as well as charges for the publication of legal notices, recording secretaries and/or court reporters.
C. Initial Deposit: Any such application, petition or request made pursuant to the provisions of the LCWDO, when filed or submitted, shall be accompanied by a deposit into a noninterest bearing, nonsegregated account held by the village treasurer, to be used by the village for the payment of all expenses incurred by the village, the minimum initial deposit of which shall be as specified from time to time in section 1-10-7 of this code.
D. Additional Deposit: Where it appears that such application, petition or request will involve additional expenditures by the village, the applicant or petitioner shall be required to deposit with the village treasurer such additional amounts reasonably necessary to pay the estimated amount of such expenses and charges. Such deposits shall be made or increased from time to time as reasonably required by the village but any such additional deposit shall be made not less than twenty four (24) hours before the commencement of the next hearing or meeting by the village on the matter or thirty (30) days from the date on which any written request by the village for such additional deposit is mailed to the petitioner or applicant, whichever is sooner. Any portion of such deposit not expended by the village shall be refunded to the applicant or petitioner at such time as no further expenditures or charges by the village are reasonably anticipated.
E. Use Of Funds: The funds deposited in such account shall be used by the village for the payment of such expenses in the event that the applicant or petitioner fails to make payment to the village for such reimbursement at least twenty four (24) hours before the commencement of the next scheduled hearing or meeting of the village on such application, petition or request, or thirty (30) days from the date on which billing is mailed to the applicant or petitioner, whichever is sooner. The obligation of the applicant or petitioner to reimburse the village shall not be limited by the amount of deposit from time to time. Any portion of such deposit not expended by the village shall be refunded to the applicant or petitioner at such time as no further expenditures or charges by the village are reasonably anticipated.
F. Remedies Upon Noncompliance: If any applicant or petitioner fails to comply with any of the foregoing provisions, the village, in addition to such other remedies as provided by law or the provisions of this chapter and the other applicable ordinances of this village and/or any officer, employee, board, committee or commission thereof may refuse:
1. To process applications, petitions or requests for permits, approval, appeal or variations as otherwise required by the LCWDO or other applicable ordinances of the village;
2. To make inspections as otherwise required by the LCWDO or other applicable ordinances of the village;
3. To issue any applicable permits or approvals as otherwise required by the LCWDO or other applicable ordinances of the village; and/or
4. To commence or conduct further hearings or meetings on the matter or matters proposed by the applicant or petitioner as otherwise required by the LCWDO or other applicable ordinances of the village if the applicant or petitioner has failed to comply with this section at least twenty four (24) hours prior to the scheduled hearing or meeting.
G. Additional Remedies: In addition to the foregoing remedies, and not by way of limitation, the village may bring any action at law to collect any amounts due under any of the foregoing provisions.
H. Rereview: If rereview is required due to major redesign of a project, the payment of the minimum administrative fee as specified above shall again be required. (Ord. 2008-O-05, 2-5-2008)