(A) Whenever the review of a particular building permit, because of special circumstances, requires review by outside consultants to be hired by the village, such reviews will not be contracted for by the village until such time as the applicant has deposited a sum sufficient to pay the full cost of the consultants' services. The village will seek estimates of the cost of the reviews from each of the consultants and notify the applicant of such estimates. The applicant shall then deposit an amount equal to 110% of such estimates into escrow with the village. Such deposit shall be by check or in cash. At the time of receipt, the escrow amount shall be deposited in a separate fund to be known as the consultant review escrow fund and in a separate interest-bearing bank account subject to itemized verification of expenditures made. The village will then draw amounts from said escrow deposit to pay for the services of the consultants at such time as their bills are submitted and become due and payable. If at any time the deposit, after such draws, becomes less than 25% of the original deposit, then the applicant shall deposit additional funds in an amount to be determined by the village, which additional deposit shall increase the amount in the escrow account to an amount sufficient to pay all remaining fees anticipated to be owed to the consultants. If the amount on deposit ever is determined by the village to be insufficient to pay for all remaining services for the consultants, or if the applicant ever fails or refuses to make any required additional deposits, then all reviews by the consultants shall cease until any required additional deposit is made and the applicant will not be entitled to any continued review of his or her application until the additional deposit is made. Once the reviews by the consultants have been completed and they have been fully paid for their services, then any remaining amount on deposit, less any interest income, shall be refunded to the applicant. The interest income shall be retained by the village to help pay for the administrative costs of the village.
(B) It shall be the responsibility of the applicant to request a refund of the escrow fund amount and, if no such request is received within three years from the date the deposit was made, then the village shall be entitled to use any amount remaining in said escrow fund for general corporate purposes.
(C) Occupation of any building or unit prior to the issuance of an occupancy certificate by the Building Administrator shall result in the following:
(1) Total deposit monies herein shall be forfeited to the village.
(2) Upon notice and appropriate hearing as otherwise provided in this code, the village will immediately turn off the water service to the property and service shall not be resumed until such time as the village issues an occupancy permit.
(3) The penalties set forth in § 150.999 shall apply, including monetary penalties and barring, for a set period of time, the issuance of building permits to contractors in violation.
(Ord. 05-33, passed 3-27-06; Am. Ord. 06-03, passed 5-8-06)