(A) Place Of Filing: All applications filed pursuant to this chapter must be filed with the Zoning Administrator or with such other Village official or body as the Zoning Administrator may designate.
(B) Compliance With Administrative Application Policy: All applications filed pursuant to this chapter must comply with the administrative application policy established by the Zoning Administrator pursuant to division 159-2.101(J) of this part, including the required form, number, scale, data submittals, and filing deadlines contained in that policy and in the section of this chapter pertaining to the specific relief being requested.
(C) Fees:
(1) Application Fee. Every application filed pursuant to this chapter must be accompanied by a non-refundable filing fee in the amount set forth in the fee schedule on file with the Village before being entitled to any approvals or permits.
(2) Reimbursement Of Village Costs. Where the nature of the application requires the Village to publish or mail legal notices or to employ the services of planners, engineers, attorneys, or other consultants for the purposes of reviewing the application or plans in connection with it or development pursuant to it, the applicant will be responsible for reimbursing the Village for these recoverable costs and to submit a deposit of an escrow for the Village to draw on to pay the recoverable costs, in accordance with the provisions set forth in § 10.22 of this Code. These recoverable costs include, without limitation, legal publications; recording secretarial services; court reporter; document preparation and review; professional and technical consultant service; legal review, consultation, and advice; copy reproduction; document recordation; and inspection fees.
(3) Liability; Lien. The owner of the lot which is the subject of the application, and if different, the applicant, are jointly and severally liable for the payment of all application fees and reimbursement costs. By signing the application, the owner is deemed to have agreed to pay such fees and costs and to consent to the filing and foreclosure of a lien on the lot to insure collection of any such fees and costs, plus the costs of collection, which have not been paid within 30 days following the mailing of a written demand for such payment to the owner at the address shown on the application. Any lien filed pursuant to this section may be foreclosed in the manner provided by statute for mortgages or mechanics' liens.
(4) Condition Of Approvals And Permits. No application will be considered complete unless and until all fees and costs pursuant to this section have been paid. Every approval granted and every permit issued pursuant to this chapter, whether or not expressly so conditioned, will be deemed to be conditioned upon payment of fees and costs as required by this section.
(5) Failure To Pay. The failure to fully pay any such fee or cost when due will 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 cost relates.
(D) Special Data Requests: In addition to the data and information required by the administrative application policy and the section of this chapter pertaining to the specific relief being requested, every owner must submit such other and additional data, information, or documentation as the Zoning Administrator may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
(E) Waiver Of Application Requirements: Notwithstanding any other provision of this section, the Zoning Administrator has the authority to waive any requirement set forth in the administrative application policy when, in the Zoning Administrator's judgment, the 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.
(F) Concurrent Applications: When a proposed use or development requires more than 1 approval pursuant to this chapter, applications for all approvals may be filed concurrently notwithstanding the fact that approval of 1 application may be a pre-condition to approval of other applications. These applications may, in the discretion of the Zoning Administrator, be processed together; provided, however, that no application may be approved unless all applications that are a pre-condition to its approval have first been approved.
(G) Withdrawal Of Application: An owner may withdraw an application at any time prior to a final decision having been rendered by the Village Board, provided that the owner shall have paid all applicable fees pursuant to this chapter. The withdrawal will be without prejudice to the owner's right to refile such application, but any refiling shall be treated as an entirely new filing and will be subject to the procedures and fees of this chapter in the same manner as any other new application.
(Ord. 17-2-2065, passed 2-27-2017)