A. Fees And Expenses In General: Petitions to appeal from a decision of the Zoning Enforcement Officer, petitions for a variation or a special use and petitions for a change in or amendment to the Zoning Ordinance, must be accompanied by an application fee and such deposits for reimbursable out-of- pocket expenses as hereinafter described. No action shall be taken on any such petition until the fee has been paid and required deposits made unless the Board of Trustees waives the requirement of the payment of same. All petitioners shall be required to pay any out-of-pocket expenses incurred by the Village in the review and consideration of their petition by the Village, including, but not limited to, engineering fees, legal fees and expenses of such other consultants as the Village deems appropriate and necessary.
B. Deposits For Variation Petitions And Petitions Appealing Decision Of Zoning Enforcement Officer: Petitions to appeal from a decision of the Zoning Enforcement Officer and petitions for a zoning variation must be accompanied by a fee of two hundred dollars ($200.00) and a deposit into a noninterest-bearing, nonsegregated account held by the Village Treasurer equal to one hundred twenty five percent (125%) of estimated reimbursable expenses, if any, as determined by the Village President, or his or her designee. (Ord. 0-94-432, 3-24-1994)
C. Deposits For Other Petitions:
1. Any application for subdivision plat approval, whether preliminary or final approval is sought, any petition for annexation, any petition for a special use, any petition for an amendment(s) to a special use, any petition for an amendment to the text of the Village's Zoning Ordinance or to the Village's Zoning Map, or any combination of any of the foregoing, when filed, must be accompanied by a cash deposit, which shall be held by the Village in a noninterest-bearing, nonsegregated account, and the amount of the minimum initial deposit shall be determined by the following formula (based on the area of the subject property):
a. Less than five (5) acres $ 2,000.00
b. Five (5) acres or more but less than twenty (20) acres 7,500.00
c. Twenty (20) acres or more 20,000.00
In lieu of a cash deposit, an applicant or petitioner may elect to post with the Village an irrevocable letter of credit in an amount not less than two hundred percent (200%) of the required cash deposit. The form and provider of such irrevocable letter of credit shall be subject to review and approval by the Village.
All applicants and petitioners shall be obligated to make such additional deposits with the Village as may be necessary to maintain a balance in such account equal to the required minimum initial deposit until no further expenditures or charges by the Village of South Barrington are reasonably anticipated. (Ord. 0-99-559, 2-11-1999)
2. 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 application or petition. Such professionals, experts and/or consultants may include, but shall not be limited to, attorneys, engineers, land planners, environmentalists, conservationists, arborists, architects, 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 petitioner or applicant as hereinafter provided.
3. 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 the respective application or petition, 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. (Ord. 0-94-432, 3-24-1994)
4. 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 seventy two (72) hours before the commencement of the next scheduled hearing or meeting of the Village on the matter or sixty (60) 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 on deposit from time to time. Any portion of such funds so deposited 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.
5. Furthermore, where it appears to the Village President or his or her designee, that the proposed project 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 seventy two (72) hours before the commencement of the next hearing or meeting by the Village on the matter or sixty (60) 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. (Ord. 0-94-432, 3-24-1994; Ord. 0-99-559, 2-11-1999)
D. Remedies Upon Noncompliance:
1. 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 Ordnance and the other applicable ordinances of this Village and/or any officer, employee, board, committee or commission thereof may refuse.
a. To process applications for permits,
b. To make inspections as otherwise required,
c. To issue any applicable permits, and/or
d. To commence or further conduct hearings or meetings on the matter or matters proposed by the applicant or petitioner if the applicant or petitioner has failed to comply with this Ordinance at least seventy two (72) hours prior to the scheduled hearing or meeting.
e. 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. (Ord. 0-94-432, 3-24-1994)
Next Doc