A. Place Of Filing: All applications filed pursuant to this zoning code shall be filed with the office of the village manager or with such other village official or body as the village manager may by administrative order designate.
B. Form; Number; Scale: All applications filed pursuant to this zoning code shall be on forms supplied by the village and shall be filed in such number of duplicate copies as the village manager may designate by administrative order. All plans filed as part of any application shall be at a scale sufficient to permit a clear and precise understanding of the contents of said plans and the proposal being made and shall be folded to a size of eight and one-half inches by fourteen inches (81/2" x 14").
C. Filing Deadlines:
1. Applications Requiring Public Hearings: An application requiring a public hearing will not be scheduled for such hearing unless filed, in proper form and number and containing all required information, not later than twelve o'clock (12:00) noon on the fourth Friday preceding the requested hearing date. An application so filed will be scheduled for hearing on the requested hearing date, or on the first available date thereafter open on the relevant hearing agenda, on a first filed, first scheduled basis.
2. Applications Not Requiring Public Hearing: An application that does not require a public hearing shall be filed, in proper form and number and containing all required information, at least twenty eight (28) days prior to the time when action on the application is requested. An application so filed will be processed on a first filed, first processed basis.
3. Supplemental Data: Whenever supplemental data in connection with a previously filed application is required by the village or offered by the applicant, it shall be submitted at least seven (7) days prior to the date on which it is to be considered at a hearing or a meeting or acted upon in connection with such application. The filing of such data shall, in the discretion of the village manager and of the body hearing the application, be cause to delay a requested or scheduled hearing date. (Ord., 10-2004)
D. Fees:
1. Fee Established; Lien: Every application filed pursuant to this zoning code shall be subject to an application and filing fee as established from time to time by the board of trustees, to recover the costs incurred by the village in processing such application. The owner of the property subject of the application and, if different, the applicant shall be jointly and severally liable for the payment of said fee. By signing the application, the owner shall be deemed to have agreed to pay such fee and to consent to the filing and foreclosure of a lien on the subject property to ensure collection of any such fee, plus the costs of collection, in the event such fee has not been properly paid as required with the filing of the application. Any lien filed pursuant to this subsection may be foreclosed in the manner provided by statute for mortgages or mechanics' liens.
2. Recoverable Costs: The costs incurred by the village in processing an application shall be deemed to consist of the following items of direct and indirect expense:
a. Legal publication; and
b. Recording secretarial services; and
c. Document preparation and review; and
d. Professional and technical consultant services; and
e. Legal review, consultation, and advice; and
f. Copy reproduction; and
g. Document recordation; and
h. Inspection fees. (Ord. 2015-3-050, 3-2-2015)
3. Condition Of All Applications, Approvals, And Permits; Time Periods: No application filed pursuant to this zoning code shall be considered complete unless and until all fees due pursuant to this subsection have been paid. Every approval granted and every permit issued pursuant to this zoning code, whether or not expressly so conditioned, shall be deemed to be conditioned upon payment of fees as required by this subsection.
When this zoning code provides that the passage of time without decision or action shall be deemed an approval or a recommendation for approval, all time periods shall be tolled during any period of nonpayment, but shall otherwise continue to run.
The failure to fully pay any such fee 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 relates.
4. Waiver For Specified Public Bodies: The provisions of this subsection D may be waived by the board of trustees for fees applicable to any application filed by any public body, or any agency deriving the majority of its revenues from taxes levied within the village, or any charitable or eleemosynary organization.
E. Minimum Data Requirements: Every application submitted pursuant to this zoning code shall contain such information as is required by the village from time to time. Application requirements shall be established by administrative order and shall be made available to all applicants in the office of the village manager.
F. Special Data Requests: In addition to the data and information required pursuant to subsection E of this section, every applicant shall submit such other and additional data, information, or documentation as the village manager or any board or commission before which its application is pending may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
G. Waiver Of Application Requirements: Notwithstanding any other provision of this section, the village manager shall have the authority to waive any requirement set forth in subsection A, B, C, or E of this section when, in his or her judgment, such waiver is appropriate in light of the nature and extent of the relief being sought or in light of special circumstances making compliance with those provisions either unnecessary or unduly burdensome; provided, however, that no filing deadline shall be waived or adjusted by the village manager except on a showing by the applicant of a particular undue hardship caused by such deadline and provided further, however, that any board or commission before which such application may come shall continue to have the right to request additional information pursuant to subsection F of this section and to delay processing of such application until such information is provided and available in accordance with the deadlines established in subsection C of this section. The village manager shall provide, in writing, his or her reasons why any such requirement has been waived, and shall refer such writing to the appropriate boards and commissions.
H. Concurrent Applications: When a proposed use or development requires more than one approval pursuant to this zoning code, applications for all such approvals may be filed concurrently notwithstanding the fact that approval of one application may be a precondition to approval of other applications. Such applications may, in the discretion of the official, officials, body, or bodies charged with review of such applications be processed together; provided, however, that no application shall be approved unless all applications that are a precondition to its approval have first been approved.
I. Withdrawal Of Application: An applicant may withdraw an application at any time prior to a final decision having been rendered with respect thereto, provided that the applicant shall have paid all applicable fees pursuant to subsection D of this section. Such withdrawal shall be without prejudice to the applicant's right to refile such application, but any such refiling shall be treated as an entirely new filing and shall be subject to the procedures and fees of this zoning code in the same manner as any other new application. (Ord., 10-2004)