(A) Generally. Any application for site plan approval, a special use permit, planned unit development, variance, or other use or activity requiring a permit under this chapter above the following threshold, may require the deposit of fees to be held in escrow in the name of the applicant. An escrow fee shall be required by either the Zoning Administrator or the Planning Commission for any development project unless waived by the Zoning Administrator or Village Council. Waiver shall be based on a written conclusion that there is no substantial information or analysis benefit to accrue as a result of the application of this section. An escrow fee may be requested to obtain a professional review of any other project which may, in the discretion of the Zoning Administrator or Village Council, create an identifiable and potentially negative impact on public infrastructure or services, or on adjacent properties, and, because of which, professional input is desired before a decision to approve, deny, or approve with conditions is made.
(B) Specifically.
(1) The escrow shall be used to pay professional review expenses of engineers, community planners, and other professionals whose expertise the village values to review the proposed application and/or site plan of an applicant. Professional review will result in a report to the village indicating the extent of conformance or nonconformance with this chapter and to identify any problems which may create a threat to public health, safety, or the general welfare. Mitigation measures or alterations to a proposed design may be identified where they would serve to lessen or eliminate identified impacts. The applicant will receive a copy of any professional review hired by the village and a copy of the statement of expenses for the professional services rendered.
(2) No application for approval for which an escrow fee is requested will be processed until the escrow fee is deposited with the Village Clerk. The amount of the escrow fee shall be established based on an estimate of the cost of the services to be rendered by the professionals contacted by the Zoning Administrator. The applicant is entitled to a refund of any unused escrow fees at the time a permit is either issued or denied in response to the applicant’s request.
(3) If actual professional review costs exceed the amount of an escrow, the applicant shall pay the balance due prior to receipt of any land use or other permit issued by the village in response to the applicants request.
(4) Disputes on the costs of professional reviews may be resolved by an arbitrator satisfactory to both parties.
(Ord. 163, passed 6-4-2001; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)