A. Scope: Every petition filed and processed that requires the village to incur professional fees and expenses shall be subject to the requirements set forth in this section. The recovery of professional fees and expenses shall be in addition to any and all other filing fees and other charges established by the village. No petition subject to this section shall be placed on the agenda for any village board or committee until the petitioner has complied with this section. Notwithstanding the foregoing, the village board may consider a request for a reduction or waiver of the escrow required under this section prior to the creation of the escrow account.
B. Definitions:
PETITION: Includes and refers to any and all petitions and applications: 1) filed or processed pursuant to this title; 2) filed or processed pursuant to the subdivision ordinance of this code; 3) filed requesting annexation, rezoning, building permits, or other land related permits or permissions; 4) which require the review of any proposed plans to verify compliance with the applicable codes and regulations of the village; 5) which require negotiation or discussion with the professional staff of the village, including, but not limited to, the village attorneys, village engineers or village planners; 6) which require the creation of a special service area under the current or future provisions of any applicable village, county or state ordinance, statute, regulation or law; 7) which involve connections to the storm water, sanitary sewer, water or other public utilities maintained by the village; 8) which involve the proposed construction of permanent or semipermanent fixed structures including buildings, parking lots, roadways or driveways, or other similar structures; or 9) the ongoing administration of any project that results from any of the above listed items to the full completion of the project.
PROFESSIONAL FEES AND EXPENSES: Includes and refers to any and all fees, costs, expenses or other charges incurred by the village in the process of reviewing any petition, including, without limitation, the costs associated with professional review, discussion and/or negotiation of the petition and related agreements, permits, plans and other documents by the village attorneys, engineers, planners and other professionals, and including all costs or expenses otherwise incurred by the village in association therewith, including, but not limited to, administrative expenses of the village. Costs of inspections will include village's cost for any equipment and material involved, including staffing and administrative expenses associated with distributing materials related to the petition, copying or preparing such materials, administering escrow accounts, or otherwise related to the petition. Fees for village employees shall be based on hourly rates reflecting the actual time spent on the project by the village employees, with hourly rates for the same to be fixed from time to time by separate resolution of the village board of trustees. Professional fees and expenses may also include, as appropriate, the cost of court reporters, copy reproduction, document recordation, mailing costs, title searches, and such other costs as shall be incurred by the village due to the filing of the petition or the activity proposed by the petition. Professional fees and expenses shall also include the cost of inspection or supervision of any public improvements or other structures constructed by virtue of, or arising out of a petition.
C. Responsibility For Payment Of Recoverable Costs; Lien: The owner of the property that is the subject of the petition and, if different, the petitioner, shall be jointly and severally liable for the payment of recoverable costs. By signing the petition, the owner or petitioner shall be deemed to have agreed to pay, and to have consented to payment of recoverable costs, plus any costs of collection, in accordance with the provisions of this section. Any lien filed pursuant to this subsection may be foreclosed in the manner provided for mortgages or mechanics' liens under Illinois law.
D. Provisions Are A Condition Of All Petitions, Approvals And Permits: No petition filed pursuant to this title shall be considered complete unless and until all filing fees and deposits due pursuant to this title have been paid. Every approval granted and every permit issued pursuant to this title shall, whether or not expressly so conditioned, be deemed to be conditioned upon payment of recoverable costs as required by this section. The village may, in its sole discretion, issue stop work orders and otherwise revoke permits or permissions previously granted should a petitioner cease compliance with this section during the pendency of a filed or approved petition. Any person who files a petition covered under this section shall be obligated to execute and complete a separate reimbursement agreement which shall be provided by the village.
E. Failure To Pay Recoverable Costs: The failure to pay in full when due any recoverable cost or deposit required under this section shall be grounds for refusing to process a petition and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid recoverable cost or deposit relates.
F. Escrow Account To Be Established: At the time of filing a petition, and prior to the village's review of the same, the petitioner shall be required to establish an escrow account in compliance with this section, and shall be required to execute an escrow agreement in the form provided by the village. The petitioner shall be obligated to make all payments necessary to maintain such account at the level prescribed by the village. If the petitioner fails to make a payment requested by the village within thirty (30) days of such request, the village may unilaterally choose to implement any or all of the following remedies until such point in time as the petitioner has paid all amounts due, and has made all payments necessary to restore petitioner's escrow accounts to the level prescribed by the village:
1. Issuance of a stop work order on any portion of the work proposed by the petition.
2. Refusal to issue further permits for building, occupancy, water tap-on, or other petition related work.
3. Cessation of any utility service provided by the village to any property owned or maintained by petitioner or their successors or assigns.
4. Institution of appropriate legal action to recover any and all amounts due, in which case the village will be entitled to attorney fees, court costs, other collection costs, and interest at a rate of eight percent (8%) per annum, until such amount, including costs and interest, is paid in full.
5. Cessation of any or all work on or pertaining to the petition by village staff, employees or consultants.
Any portion of the escrow account which remains unused upon the termination of the petition or the completion of any improvement contemplated by the petition shall be refunded to the petitioner within thirty (30) days of the village's receipt of the last invoice for professional fees or costs associated with the petition. Further, the village shall provide the petitioner with copies of all invoices received for professional fees or costs that are reimbursed out of the petitioner's escrow account. The amount required to be deposited for the escrow account shall be set by resolution of the village board and may be amended from time to time, without notice.
G. Termination Of Obligation: Notwithstanding any contrary provision of this section, the petitioner's obligation to reimburse the village for professional fees and costs, and the accompanying obligation to maintain an escrow account, shall continue until the developer fully satisfies all obligations to reimburse the village, and shall in no event terminate earlier than ninety (90) days after the last to occur of: 1) the petitioner's voluntary termination of the petition and all work, projects or development associated therewith; 2) the satisfactory completion of the work proposed by the petition and all work arising therefrom (including, in the case of petitions for annexation, all subsequent plats and the completion of construction of any structures on the annexed property and the completion of all obligations of the underlying annexation agreement); 3) the village's rejection of the petition in its entirety, and the failure of the petitioner to indicate, within ninety (90) days of such rejection, the petitioner's desire to continue working with the village towards approval of the same or a modified petition. After the last to occur of the foregoing conditions, the village shall finalize all invoices for professional fees and costs, shall seek reimbursement from the petitioner for all such professional fees and costs, and shall, after settling all such invoices, refund any excess monies back to the petitioner. (Ord. 2006-12, 10-25-2006)