The schedule of fees, nonrefundable deposits, bonds and penalties to be charged in connection with the administration and enforcement of the village building ordinances, subdivision codes and other related bonds is hereby adopted by reference and incorporated herein as if fully set forth. Such schedule may be revised from time to time by motion passed by the board of trustees and approved by the village president, provided such revisions are recorded in the minutes of the meeting at which such motion is passed. Copies of said schedule shall be placed on file with the village clerk and the director of building and zoning and shall be available for public inspection at all times during regular business hours, as provided by law. (Ord. 02-05, 5-7-2002)
Plan review and permit fees may be waived by the village board, upon application by a church, religious corporation, or charitable organization in conjunction with issuance of such a permit; provided that refundable bonds as required by subsection K of this section, or deposits for reimbursement of certain village expenses and professional fees as required by section 1-7-2 of this code, may not be waived by the village board. For purposes of this provision, the term "charitable organization" shall mean and include a type of nonprofit organization whose activities center on human welfare and advancement as manifested by donations of money, property or work to needy persons. (Ord. 15-11A, 9-15-2015)
Said fees, nonrefundable deposits, bonds and penalties for plan reviews, permits, inspections and technical/professional services are hereby classified as follows:
A. Plan Review Fees:
1. A fee for the review of all plans shall be charged as indicated in the aforementioned schedule of fees and bonds. Said plan review fee shall be paid at time of submission of plans for review; said fee shall be nonrefundable and is a fee separate from permit, inspection and engineering provision fees.
2. The plan review fee for residential construction (new remodel) shall be charged as indicated in the aforementioned schedule of fees and bonds.
3. The plan review fee for commercial construction (new remodel for assembly, business, mercantile, educational, institutional, storage mixed occupancies and industrial) shall be charged as indicated in the aforementioned schedule of fees and bonds (base fee plus indicated percentage of the estimated cost of construction). The plan review fee for commercial construction, in addition to the base fee, shall be based on the estimated cost of construction of the proposed structure. The estimated cost of construction shall, at minimum, be based on the estimated unit cost per square foot for the type of construction and the use contemplated. The latest edition of means cost data, BOCA building valuation data report, dodge construction digest or similar reference data may be used to determine estimated unit cost by the building and zoning director.
B. Building Permit Fees:
1. The building permit fee shall be charged as indicated in the aforementioned schedule of fees and bonds. The building permit fee shall be paid at time of permit issuance.
2. The building permit fee shall be based on the estimated cost of construction of the proposed structure or improvement. The estimated cost of construction shall, at minimum, be based on the estimated unit cost per square foot for the type of construction and use contemplated. The latest edition of means cost data, BOCA building valuation data report, dodge construction digest or similar reference data may be used to determine estimated unit cost by the director of building and zoning.
C. Electrical Permit Fees: The electrical permit fee shall be charged as indicated in the aforementioned schedule of fees and bonds. The electrical permit fee shall be paid at time of permit issuance.
D. Plumbing Permit Fees: The plumbing permit fee shall be charged as indicated in the aforementioned schedule of fees and bonds. The plumbing permit fee shall be paid at time of permit issuance.
E. Mechanical Permit Fees: The mechanical permit fee shall be charged as indicated in the aforementioned schedule of fees and bonds. The mechanical permit fee shall be paid at time of permit issuance.
F. Fire Protection System Permit Fees: The fire protection system permit fee shall be charged as indicated in the aforementioned schedule of fees and bonds. The fire protection system permit fee shall be paid at time of permit issuance.
G. Final Inspection/Certificate Of Occupancy Fees: The permit fee for a final inspection, occupancy inspection, temporary occupancy (paid for at the time of temporary occupancy inspection request), or initial/annual business inspection shall be charged as indicated in the aforementioned schedule of fees and bonds. The initial/annual business inspection or final inspection certificate of occupancy fee shall be paid at the time of permit issuance.
H. Elevator, Escalator, Dumbwaiter, Manlift, Handicap Lift, Moving Walk Permit Fees: The permit fees for an elevator, escalator, dumbwaiter, manlift, handicap lift and moving walk installation shall be charged as indicated in the aforementioned schedule of fees and bonds and shall be paid at the time of permit issuance.
I. Miscellaneous Permit Fees: The permit fee for miscellaneous construction projects, listed below, shall be charged as indicated in the aforementioned schedule of fees and bonds:
1. Decks.
2. Utility buildings, gazebos or shelters less than one hundred eighty (180) square feet.
3. Utility buildings greater than one hundred eighty (180) square feet, detached garages or private stables.
4. Swimming pools.
5. Hot tubs or spas.
6. Fireplaces.
7. Satellite antennas.
8. Demolition.
9. Moving/raising.
10. Reroofing. (Ord. 94-07, 4-19-1994)
11. Fences. (Ord. 01-10, 6-19-2001)
12. Land disturbing activity. (Ord. 14-03, 2-18-2014)
J. Permit Regulations, Special Conditions And Additional Fees:
1. Expiration Of Permit And Permit Extensions; Failure To Commence Work: If, after a permit required by this chapter has been granted and the operations called for by such permit have not commenced within six (6) months after issuance, such permit shall be void and no operations shall begin until an extended permit is issued by the village after application therefor, signed by the owner or owner's agent, is submitted to the village. For good cause shown by the applicant and as determined by the village, the village may issue an extended permit. A fee of the greater of fifty dollars ($50.00) or twenty five percent (25%) of the cost of the original permit shall be charged for each extended permit. An extended permit shall be valid for six (6) months following the date of expiration of the original permit and must be applied for within ten (10) days after the expiration of the original permit or first extended permit, as the case might be. Only two (2) extended permits shall be granted. If work has not begun within eighteen (18) months after the date of issuance of the original permit, all rights under the original and extended permit(s) shall terminate by limitation.
2. Expiration Of Permit And Permit Extensions; Failure To Complete Work: If, after a permit required by this chapter has been granted and the operations called for by such permit have not been completed within twelve (12) months after issuance, such permit shall be void and no operations shall continue until an extended permit is issued by the village after application therefor, signed by the owner or owner's agent, is submitted to the village. For good cause shown by the applicant and as determined by the village, the village may issue an extended permit. A fee of the greater of fifty dollars ($50.00) or twenty five percent (25%) of the cost of the original permit shall be charged for each extended permit. All extended permits shall be valid for six (6) months following the date of expiration of the original permit and must be applied for within ten (10) days after the expiration of the original permit or first extended permit, as the case might be. Only two (2) extended permits shall be granted. If work is not completed within twenty four (24) months after the date of issuance of the original permit, all rights under the original and extended permits shall terminate by limitation. (Ord. 10-04, 3-2-2010)
Notwithstanding the foregoing, if, after a permit required by this chapter has been granted to a church, religious corporation or charitable organization (as defined in this section), and the operations called for by such permit have not been completed within twelve (12) months after issuance, such permit automatically shall be extended for an additional twelve (12) months following the date of expiration of the original permit. Up to four (4) extended permits may be granted automatically to such church, religious corporation or charitable organization. If work is not completed within five (5) years after the date of issuance of the original permit to a church, religious corporation or charitable organization, all rights under the original and any extended permits shall terminate by limitation. This paragraph shall be in effect until April 1, 2021. (Ord. 15-11A, 9-15-2015)
3. Transfer Of Permit: Transfer of a permit issued to someone other than the original applicant shall require fifteen percent (15%) of the original permit fee to be paid at time of transfer permit issuance.
4. Work Commenced Without Required Permit: A penalty of one hundred percent (100%) of the normal permit fee shall be payable by the permit applicant where work, for which a permit is required, has commenced before the permit is issued.
5. Not Ready Fee And Reinspection Callback Fee:
a. If an inspection is scheduled and the work to be inspected is not ready for inspection or the inspector is unable to access the premises for inspection, a fee of one hundred dollars ($100.00) shall be required to be paid prior to any further inspections.
b. Where more than two (2) inspections of the same work for the same code violation(s) are required, a fee of one hundred dollars ($100.00) will be required to be paid prior to the third or each subsequent inspection(s). (Ord. 10-04, 3-2-2010)
6. Reimbursement For Use Of Professional Or Technical Consultant Services: If the purchase and/or use of professional or technical service is required by the village to perform, complete or resolve permit processing, the setting, posting or refunding of bonds or deposits, inspections or plan review activity, including, but not limited to, engineering and legal services, the permit applicant shall reimburse the village for one hundred fifty percent (150%) of the costs of such services. Payment shall be due upon the issuance of an invoice by the village. (Ord. 12-03, 4-3-2012)
7. Permit Plan Review Fee: Plan review fee shall be charged as indicated in the schedule of fees and bonds adoption from time to time adopted pursuant to this section. Plan review fee shall be paid at the time of submission of plans for review, and fees shall be nonrefundable and are separate from permit, inspection and engineering provision fees.
8. Expedited Permit Plan Review: Expedited permit plan review, if requested by the permit applicant, shall pay the village of Wayne for one hundred fifty percent (150%) of the costs of such services as indicated in the schedule of fees and bonds adoption from time to time adopted pursuant to this section. Plan review fee shall be paid at the time of submission of plans for review, and said fees shall be nonrefundable and are separate from permit, inspection and engineering provision fees. (Ord. 10-04, 3-2-2010)
K. Refundable Bonds Or Deposits: Prior to the issuance of a permit, required refundable bonds shall be deposited with the village to assure compliance with applicable ordinances. Required bonds shall be charged as indicated in the aforementioned schedule of fees and bonds. Any bonds or deposits required or permitted to be made pursuant to the provisions of this chapter shall be refunded only to the person posting same unless: 1) a written and notarized assignment of the right to receive such bond or deposit refund is submitted at the time of request for refund; or 2) a release, waiver and indemnification agreement, in a form approved by the village attorney, is signed by the person requesting the refund, provided such agreement is first approved by the board of trustees. Nothing herein shall be construed to require the village to refund any bond or deposit if all other requirements for the refund of such bond or deposit have not been met, including, but not limited to, full compliance with the requirements of applicable ordinances and reimbursement to the village for use of professional or technical consultant services as provided in subsection J6 of this section. Bonds or deposits may be held until there is compliance with applicable ordinances or, in the case of nonpayment of reimbursable costs, such costs may be deducted from the bonds or deposits prior to any refund. Any refundable bond or deposit for which no written request has been made after three (3) years from the date upon which the person posting such bond or deposit is otherwise entitled to request a refund shall be retained by the village as an additional fee to cover the costs of administering the bonds or deposits, and to defray general expenses and overhead of the building and zoning department of the village. (Ord. 12-03, 4-3-2012)
L. Violation: It shall be unlawful to erect, construct, reconstruct, alter, occupy, maintain, or conduct business in any building or structure in the village of Wayne in violation of the terms and provisions of this section or without payment of fees set forth herein.
M. Effect Of Regulations: This section shall not be construed to extend to or affect any construction activity for which a permit was issued or application for permit filed prior to the effective date hereof, except for fees not yet due or payable, unless the director of the building and zoning department determines that any provision of this section or the regulations incorporated herein by reference should be applied for reasons of public health and safety. (Ord. 94-07, 4-19-1994)