A. Obligation Of Responsible Party:
1. The application for a project subject to this code 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 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. (Ord. 2007-2-8, 2-15-2007)
B. Deposit For Fees And Expenses:
1. Zoning Requests: At the time an application for a zoning change is presented to the village and prior to any action thereon, a deposit fee shall be paid to the village in accordance with the following schedule:
Requests for a variance to the zoning code | $1,500.00 deposit plus a 10% administrative fee for handling | |
Requests for an appeal of a decision of the zoning administrator | $1,000.00 deposit plus a 10% administrative fee for handling - deposit and fee shall be fully refunded if appeal is successful | |
Requests for a rezoning or zoning amendment | $3,000.00 deposit plus a 10% administrative fee for handling | |
Requests for a special use permit | $3,000.00 deposit plus a 10% administrative fee for handling | |
Requests for a special use/planned unit development permit | $3,000.00 deposit for preliminary plan approval and $3,000.00 for final plan approval plus a 10% administrative fee for handling |
(Ord. 2014-10-33, 10-16-2014)
2. Subdivision Plats: At the time an application for subdivision review requiring the village to utilize the services of a professional consultant is presented to the village and prior to any action thereon, a deposit fee shall be paid to the village in accordance with the following schedule relating to the size of the proposed subdivision, separate fee deposits shall accompany the preliminary and final plats for review and approval:
a. 1 acre or any fraction thereof | $3,000.00 deposit plus a 10% administrative fee for handling | |
b. In excess of 1 acre but not over 10 acres | $3,000.00 deposit plus $600.00 for each acre plus a 10% administrative fee for handling for all acres (including the first acre) or fraction of an acre not exceeding 10 acres | |
c. In excess of 10 acres, but not over 35 acres | $7,000.00 deposit for the first 10 acres plus $600.00 for each acre for the next 15 acres or fraction of an acre; plus $300.00 for the next 10 acres or fraction of an acre plus a 10% administrative fee for handling | |
d. In excess of 35 acres | $16,000.00 deposit plus $200.00 per acre for each acre or fraction of an acre in excess of 35 acres plus a 10% administrative fee for handling |
If a subdivision plat requires rezoning, zoning amendment, special use permit or planned development zoning pursuant to the provisions of the Winfield zoning ordinance, the deposit fee shall be in accordance with this subsection rather than the provisions contained within subsection B1 of this section.
3. Annexation Plats: At the time an application for annexation is presented to the village and prior to any action thereon, a deposit fee shall be paid to the village in accordance with the following schedule relating to the size of the proposed annexation:
a. 1 acre or any fraction thereof | $1,500.00 deposit plus and a 10% administrative fee for handling | |
b. In excess of 1 acre but not over 10 acres | $1,500.00 deposit plus $400.00 for all acres (including the first acre) or fraction of an acre not exceeding 10 acres and a 10% administrative fee for handling | |
c. In excess of 10 acres but not over 35 acres | $5,000.00 deposit for the first 10 acres plus $400.00 per acre for the next 15 acres or fraction of an acre; plus $300.00 for the next 10 acres or fraction of an acre and a 10% administrative fee for handling | |
d. In excess of 35 acres | $14,000.00 deposit for the first 35 acres plus $200.00 per acre for each acre or fraction of an acre in excess of 35 acres and a 10% administrative fee for handling |
If an annexation plat requires a rezoning, zoning amendment, special use permit or planned development zoning pursuant to the provisions of the Winfield zoning ordinance, the deposit fee shall be in accordance with subsection B1 of this section. The deposit fee provisions of this subsection shall only be applied to an annexation plat which requires a rezoning, zoning amendment, special use permit or planned development zoning when the deposit fee would exceed three thousand dollars ($3,000.00) pursuant to the deposit fee calculation in this subsection.
4. Subdivision And Annexation: If an application is presented to the village for both annexation and subdivision review, then in lieu of the fee schedule in subsection B3 of this section, and at the time such application is presented to the village and prior to any action thereon, a deposit fee shall be paid to the village in accordance with the following schedule relating to the size of the area to be both annexed and subdivided:
a. 1 acre or any fraction thereof | $4,000.00 deposit and a 10% administrative fee for handling | |
b. In excess of 1 acre but not over 10 acres | $4,000.00 deposit plus $400.00 for all acres (including the first acre) or fraction of an acre not exceeding 10 acres and a 10% administrative fee for handling | |
c. In excess of 10 acres but not over 35 acres | $8,000.00 deposit for the first 10 acres plus $400.00 per acre for the next 15 acres or fraction of an acre and a 10% administrative fee for handling | |
d. In excess of 35 acres | $17,000.00 deposit for the first 35 acres plus $200.00 per acre for each acre or fraction of an acre in excess of 35 acres and a 10% administrative fee for handling |
If a subdivision and annexation plat requires rezoning, zoning amendment, special use permit or planned development zoning pursuant to the provisions of the Winfield zoning ordinance, the deposit fee shall be in accordance with this subsection rather than the provisions contained within subsection B1 of this section.
5. Definition Of An Acre: An "acre", for the purpose of this section, shall be forty three thousand five hundred sixty (43,560) square feet.
6. Tree Preservation Plan: At the time an application for approval of a development that is subject to regulation under section 10-2-15, "Tree Preservation", of this code, the applicant shall provide the following deposit based on the acreage of the development:
a. 1 acre or any fraction thereof | $800.00 deposit and a 10% administrative fee for handling | |
b. In excess of 1 acre but not over 10 acres | $1,600.00 deposit plus $400.00 for all acres or fraction of an acre and a 10% administrative fee for handling | |
c. In excess of 10 acres | $3,200.00 deposit for the first 10 acres plus $400.00 for all acres or fraction of an acre and a 10% administrative fee for handling |
(Ord. 2006-9-41, 9-7-2006)
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. The payment for zoning, subdivision or annexation review under this section shall only include those services necessary for the final action on request by the corporate authorities. 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 one hundred 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. 2007-2-8, 2-15-2007, amd. Ord. 2020-08-21, 8-20-2020)