A. Stormwater Review Fees: The following review fee schedule for stormwater submittals is hereby adopted as the village review fee schedule for stormwater submittals and said schedule shall apply to all stormwater submittals required by the county ordinance as adopted by the village pursuant to section 12-1-1 of this chapter and no stormwater management permit shall be issued by the village until the required fee has been paid:
For construction of individual roads (outside special management areas) | $3,000.00 deposit plus 10% for handling |
Nonresidential development less than 1 acre in gross area and residential developments less than 3 acres in gross area | $1,500.00 deposit plus 10% for handling |
Any construction (including reconstruction) not included above on a single parcel and/or greater than 5,000 square feet disturbed residential development | $1,500.00 deposit plus 10% for handling |
1 - 5 acres (gross area) nonresidential development and 3 - 10 acres (gross area) residential development | $3,000.00 deposit plus 10% for handling |
5 - 10 acres (gross area) nonresidential development and 10 - 50 acres (gross area) residential development | $3,000.00 deposit plus $600.00 for all acres, including the first acre or fraction of an acre plus 10% for handling |
Greater than 10 acres (gross area) nonresidential development and greater than 50 acres (gross area) residential development | $6,000.00 deposit plus $600.00 for all acres, including the first acre or fraction of an acre plus 10% for handling |
B. Obligation Of Responsible Party:
1. The application for a project subject to this chapter shall identify the party responsible (hereinafter referred to as the responsible party) for the application and any financial obligations set forth by this section, including the name, address, daytime telephone number; relationship to the project; and consent of the owner (if different).
2. It is the obligation of the responsible party filing any application as herein described to pay all administrative, professional consulting fees and public hearing expenses, including court reporter fees, incurred by the village in processing and acting upon such application.
3. The deposit for those fees and expenses as hereinafter set forth is intended to ensure to the village that adequate funds will be available to the village to pay those fees and expenses, and by making the deposit the applicant is not relieved of the obligation to pay those fees in full if in fact those fees and expenses exceed the deposit amount that may be with the village at any given time. The village board shall establish the amount of the deposit to cover the above noted costs by ordinance.
4. The village shall invoice the responsible party for any payment obligation as set forth above and any deposit replenishment as may be required.
5. In the event that the responsible party fails to satisfy their payment obligation and/or replenish their deposit balance within sixty (60) days of receipt of an invoice from the village, a penalty in the amount of ten percent (10%) of the original deposit requirement shall be added to the outstanding obligation amount for each thirty (30) day period or portion thereof that the responsible party's obligation remains delinquent. The village shall retain the penalty payment amount.
C. Agreement To Pay Village Fees In Full: Before any application for which a deposit fee is required by this section is accepted by the village or acted upon, the responsible party will be required to acknowledge in writing the responsible party's obligation to pay all fees pursuant to the provisions contained within this section. Said form of acknowledgment shall be prescribed by the village attorney and kept on file in the office of the village clerk.
D. Refunds And Additional Payments: The foregoing fee schedule is based upon an estimate of the costs and fees that will be incurred by the village in reviewing and acting upon the applications described. Accordingly, at the time of final action by the corporate authorities or the written request by the applicant that further action on the application terminate, an itemization of costs for consultants and an administrative fee in the amount of ten percent (10%) of the consultant's fee shall be sent to the petitioner either indicating payment in full, providing a refund to the applicant or billing the applicant an additional amount to be paid to the village by the applicant. Before final action on the application is taken all inspection, review and other fees indicated by other ordinances shall remain applicable.
E. Additional Deposit Required: If, during the course of the review of an application, the fees on deposit with the village reach a level of less than fifty percent (50%) of the value of the initial deposit, the responsible party shall pay to the village an amount that brings the deposit balance back to 100 percent (100%) of the initial deposit, and if the village provides the applicant with an estimate in writing of the additional consultant fees that will be incurred by the village, based upon estimates from the consultants themselves, which shall be made available to the applicant, it is the obligation of the applicant to pay to the village an additional deposit to cover the cost of those additional anticipated fees plus an additional administrative fee in the amount of ten percent (10%) of those anticipated additional consultant fees. The village reserves the right to delay any further action on the application until this additional deposit is paid. This additional deposit is based upon an estimate of what those additional fees may be and by making the additional deposit, the applicant is not relieved of his obligation to pay those fees in full if in fact they exceed that estimate and additional administrative fee. The provisions of subsection D of this section with respect to a refund of any excess deposit shall then apply at the time of final action or withdrawal as described in subsection D of this section. If the additional payment is also exhausted prior to final action or withdrawal, then an additional deposit shall again be required in accordance with the provisions of this subsection. (Ord. 2006-9-41, 9-7-2006; amd. Ord. 2007-2-8, 2-15-2007, Ord. 2020-08-21, 8-20-2020)