(a) At the time of filing an application for a permit under this chapter there shall be deposited with the Village in a special account, a fee to defray Village expenses attendant to the review of the requested permits. The deposit required hereunder shall be in accordance with the following schedules (a)(1) and (2) hereof:
Amount of Type of Proposal Deposit (1) All residential developments containing ten acres or less. $ 500.00 |
The Mayor may initially waive such deposit on minor additions and small developments if the land area is less than ten acres and if the Mayor determines that the cost of professional consulting services and fees incurred by the Village will be inconsequential when compared to the normal filing fee required. However, if the Planning and Zoning Commission or Council requests professional assistance in its study and review from the Village Engineer, the Village Planner, the Village Architect and/or the Village Law Director, or other consultants that may be required, then the applicant, upon notification thereof, shall deposit five hundred dollars ($500.00) before further consideration of the request.
(2) All residential developments containing more than ten acres. $1,000.00 |
The deposits required by this section shall be in addition to the requirements for fees required by the Village Code.
(b) Approval and Rate for Services. In the event professional consulting services rendered by the Village Engineer, the Village Architect, Village Planner and/or Law Director, or any outside consultants, or other expenses are necessary as determined by the Planning and Zoning Commission, the Mayor or the Council, the charges for such services shall be rendered at prevailing contractual rates for such consulting services.
(c) Special Accounts Minimum Balance and Accounting. The Village Clerk-Treasurer shall establish special accounts within the Village's funds on behalf of such applicants, and upon authorization of the Mayor, the applicant shall pay to the Village by way of reimbursement all charges and expenses incurred in connection with the applicant's business before the -Planning and Zoning Commission. Should an applicant’s special account have a balance of less than twenty percent (20%) of the original deposit, the Mayor shall request in writing that the applicant provide an additional deposit so that the balance shall then equal the original required. In the event such request is approved or disapproved by the Planning and Zoning Commission, or withdrawn by the applicant, any funds remaining in such special deposit account, after payment of all lawful charges thereupon, shall immediately be returned to the applicant. The Clerk-Treasurer shall furnish an accounting of charges to such account at any reasonable time upon request of the applicant and upon final dispersal.
(d) Failure to Post Deposit, Deposit Purpose.
(1) Upon the failure of any applicant to deposit funds to defray municipal expenses, as required by this chapter, the Planning and Zoning Commission or Council may dismiss any application unaccompanied by the required deposit.
(2) Nothing herein shall obligate the Village to grant its approval of an application or be construed as consideration therefor, but rather the deposit shall serve the purpose that the Village shall continue to be governed by its officials' informed and intelligent vote upon each specific appeal and with the direction that such funds are to be applied to furnish the Village with necessary technical data from professional municipal consultants when requested or required by it on specific applications or to defray other necessary administrative expenses regardless of the outcome of the final disposition of the request or proposal of the applicant.
(Ord. 1995-7. Passed 6-12-95.)