TITLE 3
BUSINESS AND LICENSE PROVISIONS
BUSINESS AND LICENSE PROVISIONS
SECTION:
3-1-1: Purpose and Jurisdiction
3-1-2: Definitions
3-1-3: License Required; Exceptions
3-1-4: Application for License or Permit
3-1-5: Investigations and Inspections
3-1-6: Issuance or Denial of License or Permit
3-1-7: Term of License
3-1-8: License to be Posted
3-1-9: Building and Premises
3-1-10: Location
3-1-11: Health and Safety Requirements
3-1-11-1: Nuisances Prohibited
3-1-11-2: Unsafe or Unhealthy Business
3-1-11-3: Refuse Removal
3-1-11-4: Working Conditions
3-1-12: Business Vehicles
3-1-13: Inter-Track Wagering Prohibited
3-1-14: Duties of Licensees or Permitees; Suspension; Revocation
3-1-15: Appeals
Notes
1 | 1. See Title 5, Chapter 4 of this Code for disclosure of real estate and business dealings. |
Because each business located in the Village is a basic part of and affects the physical and economic well-being of the Village, necessitating special services from the Village in the form of fire, health and police inspections and services, such businesses shall in all respects be in full compliance with the provisions hereinafter contained in this Chapter. This Chapter is designed to provide for the means whereby the Village may render the necessary inspections and services to businesses in order to promote, protect and safeguard the public safety, health and welfare of the citizens of Woodridge and to enable the maintenance of an accurate record of businesses located and carrying on commercial activities or commerce within the Village. (1976 Code §9-1)
The following words and phrases as used in this Chapter shall have the following meanings, unless a different meaning is required by the context:
BUSINESS: Any vocation, occupation, profession, enterprise, establishment, concern or any other type of activity, together with all devices, machines, equipment, vehicles and appurtenances used therein, any of which are conducted for profit; provided, however, that the term "business" shall not include those vocations, occupations, professions, enterprises, establishments or concerns licensed exclusively by the State of Illinois or department thereof or permitted home occupations as set forth in Title 9 of this Code, the Zoning Title.
PERSON: Any individual, firm, association, partnership, corporation, trust or any other legal entity, except for such person or persons as may be organized as an Illinois not-for-profit corporation or governmental bodies properly organized under the laws of the State of Illinois.
TOTAL FLOOR AREA: The sum total of the horizontal areas of any and all floors, or portions thereof, of any building, including any and all accessory buildings, basements, attics and/or cellars, devoted to, reserved for or retained for the use of any business, regardless of whether or not any such area(s) is vacant or not in use. (1976 Code §9-2)
No person shall conduct, engage in, maintain, operate, carry on or manage any business, either by himself or itself, or through any agent, employee or partner without first having obtained a license therefor from the Village.
A license shall be required if any person, by himself or itself or through an agent, employee or partner, is held forth as being engaged in any business, or if he or it solicits patronage therefor, actively or passively, or if he or it performs or attempts to perform any part of such business within the Village. Where two (2) or more separate businesses, separately owned and/or operated, share floor space in the same building or on the same parcel of property, and any floor space is subdivided between the separate businesses, then each such business shall obtain a license pursuant to the provisions contained in this Chapter.
Notwithstanding any provision in this Section to the contrary, no license shall be required of any person for the mere delivery within the Village of any property purchased or acquired in good faith from such person at his regular place of business outside the corporate limits of the Village. (1976 Code §9-3)
Any person charged with a violation of this Section may, in lieu of prosecution for a violation hereof, make payment in accordance with Section 1-4-2 of this Code. (1976 Code §9-15; 1991 Code)
Applications for all licenses or permits required by this Code shall be made in writing to the Village Clerk, except as may otherwise be provided by this Code. Each application shall contain such information as may be prescribed by the Village Clerk including but not limited to:
A. The name of the applicant.
B. The permit or license desired.
C. The location to be used, if any.
D. The license period.
E. The fee to be paid.
F. The total floor area of the business, if any. (Proof acceptable to the Village Clerk is required.)
G. The number of the certificate of registration required under the retailer's occupation tax act 1 , service occupation tax act 2 , and/or use tax act 3 , if applicable. Forms for all licenses and permits, and applications therefor, shall be prepared and kept on file by the village clerk. Each license or permit issued shall bear the signature of the village mayor and the village clerk, except as may otherwise be provided by this code. (1976 Code §9-4)
Notes
1 | 1. 35 ILCS 120/1 et seq. |
2 | 2. 35 ILCS 115/1 et seq. |
3 | 3. 35 ILCS 105/1 et seq. |
A. Investigation Of Applicant:
1. Upon the receipt of an application for a license or permit, where an investigation or inspection is required by ordinance before the issuance of such permit or license, or where an inspection or investigation shall be deemed reasonably necessary or appropriate, the village clerk, within forty eight (48) hours of such receipt, shall refer the application to the appropriate official(s) for the making of such investigation or inspection.
2. The official(s) to whom the application has been referred shall make a report thereon, favorable or otherwise, within ten (10) days after receiving such application or a copy thereof.
3. If it shall appear to the village clerk that the matters and circumstances relating to an application require further information before a proper determination can be made, such application shall be returned to the applicant for the inclusion of such additional information as may be specified by the village clerk. (1976 Code §9-5)
B. Inspection Officials: The building commissioner, in consultation with the county health department, shall make or cause to be made inspections regarding such permits and licenses as related to the care and handling of food, the prevention of nuisances and the spread of disease, and the protection of the health of the public. The building commissioner shall make or cause to be made any inspections which relate to compliance with the building code, zoning ordinances and other related regulations. All other investigations, except where otherwise provided, shall be made by the chief of police or by some other officer designated by the village clerk 2 . (1976 Code §9-5; amd. 1991 Code; Ord. 2010-29, 5-20-2010)
C. Inspections; Analyses:
1. Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by ordinance or are reasonably necessary to assure compliance with the provisions of any ordinance or regulation of the village or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to admit thereto, for the purpose of making the inspection, any officer or employee of the village who is duly authorized to make such inspection at any reasonable time that such admission or entry is requested.
2. Whenever an analysis of any commodity or material is reasonably necessary to assure compliance with the provisions of any ordinance or regulation, or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to give to any duly authorized officer or employee of the village requesting the same sufficient samples of such material or commodity.
3. In addition to any other penalty which may be provided, the village mayor may revoke the license of any owner or operator of a licensed business in the village who refuses to permit any duly authorized officer or employee to make such inspection or to take an adequate sample of said commodity, or who interferes with such officer or employee while in the performance of his duties; provided, however, that no license shall be subject to revocation for such cause unless such officer or employee has been refused permission to enter upon the premises in the name of the village after first having presented a warrant authorizing such entry. (1976 Code §8-90)
4. In order to facilitate proper inspection in keeping with the provisions of this subsection, any official, sanitarian, inspector or other employee or person designated to make such inspections under the supervision of the boards of health of the counties of DuPage and/or Will shall be considered to be an officer or official of the village of Woodridge for such purpose and for any purpose relative to the provisions of this chapter but for no other purpose unless so designated by ordinances of the village. (1976 Code §8-90; amd. 1991 Code)
Notes
1 | 4. See also subsection 3-1-11-4C of this chapter. |
2 | 1. See also subsection C4 of this section. |
If, after due consideration of the information contained within the application and the related investigative report, the village clerk determines that the applicant does not meet the standards set forth in this chapter, she shall deny such permit or license. Thereupon, the village clerk shall promptly notify the applicant that no license or permit will be issued, indicating the reasons therefor.
If, after due consideration of the information contained within the application and the related investigative report, the village clerk determines that the applicant meets the standards set forth in this chapter, she shall grant such permit or license and notify the applicant thereof. (1976 Code §9-5)
It shall be the duty of every person conducting a licensed business in the village to keep his license posted in a prominent place on the premises used for such business at all times so that it is plainly visible to someone standing outside the main entrance to such business. (1976 Code §9-13; amd. 1991 Code)
No license shall be issued for the conduct of any business, and no permit shall be issued for any purpose or activity, if the premises and building to be used for the purpose do not fully comply with all applicable ordinances and regulations of the village and state of Illinois. (1976 Code §9-8)
A. No license for the operation of a business or establishment in the village shall be construed to permit the operation of a licensed business or establishment in more than one location in the village; a separate license shall be required for each location of a licensed establishment. For the purposes of this chapter, the existence of a single location shall be evidenced by the fact that all buildings containing the principal or accessory uses shall be connected or shall be located on the same lot or parcel, shall be operated and managed by the same person or owner and shall be an establishment with the same classification. (1976 Code §9-10)
B. The location of any licensed business or occupation or the location of any permitted act may be changed provided that ten (10) days' notice thereof is given to the village clerk in the absence of any provision to the contrary; provided, however, that all applicable ordinances and regulations of the village shall be complied with. (1976 Code §9-9)
No business or establishment, whether or not licensed, shall be so conducted or operated as to constitute a nuisance in fact; and no building, vehicle, structure, yard, lot, premises, or part thereof, shall be used, kept, maintained or operated in connection with any business or establishment so as to occasion any nuisance, or so as to be dangerous to life or detrimental to health. (1976 Code §8-86)
A. No building or structure, utilized, constructed or maintained in connection with any business or occupation shall evidence an unsanitary, unsafe or dangerous condition.
B. No substance, matter or thing of any kind whatever which shall be dangerous or detrimental to health shall be allowed to exist in connection with any business or occupation or be used in any work or labor performed in the village. (1976 Code §8-87)
Notes
1 | 1. See also subsection 4-1-1G of this code. |
It shall be the duty of the occupant of every building, structure or premises used or maintained in connection with any business or occupation to cause to be removed at his own cost and expense at least once each week all refuse produced therein. (1976 Code §8-88)
Notes
1 | 2. See also title 4, chapter 2 of this code. |
A. General Health And Sanitary Conditions:
1. No owner, lessee, manager or superintendent of any store, factory, workshop or other place where persons are employed shall cause or permit such place, or any room or part thereof, to be overcrowded or inadequate or faulty in respect to light, ventilation, heat or cleanliness.
2. All such places of employment shall be kept in a clean condition, free from the effluvia of a sewer, drain, privy, stable or other nuisance; also as far as practicable, such premises shall be free from all gases, vapors, dust or other impurities generated by manufacturing processes or otherwise which are injurious to health. Sufficient washroom facilities for male and female employees shall be provided and such facilities shall be properly ventilated. (1976 Code §8-89)
B. Heating Requirements:
1. It shall be the duty of every person owning or controlling the heating plant which furnishes heat to any factory or workshop, to maintain a temperature within such factory or workshop of not less than sixty eight degrees Fahrenheit (68°F) without such undue restriction of ventilation as to interfere with proper sanitary conditions therein at such times as employees are required to be on the premises from October 1 of each year to June 1 of the succeeding year, Sundays and holidays excepted; provided, however, that this requirement shall not apply to any factory or workshop where the business conducted therein is of such a nature that a higher or lower temperature than sixty eight degrees Fahrenheit (68°F) is necessary or expedient for the work or manufacturing process of such business. (1976 Code §8-89; amd. 1991 Code)
2. It shall be the duty of any person owning or controlling the heating plant which furnishes heat to any office, store or other place of employment to maintain a temperature therein of not less than sixty eight degrees Fahrenheit (68°F) without such undue restriction of ventilation as to interfere with proper sanitary conditions therein, at such times as employees are required to be on the premises from October 1 of each year to June 1 of the succeeding year, Sundays and legal holidays excepted. (1976 Code §8-89)
C. Inspections 1 : The director of community development shall visit or cause to be visited all such places of employment in the village as often as they shall deem necessary to assure compliance with the provisions of this chapter, and to have such arrangements made as may be deemed necessary for the health and safety of the employees. (1976 Code §8-89; amd. 1991 Code; Ord. 2010-29, 5-20-2010)
Notes
1 | 1. See also section 3-1-5 of this chapter. |
Whenever the number of vehicles used is the basis, in whole or in part, for a license fee, the village clerk shall furnish the licensee with a tag or sticker for each vehicle covered by the license, and such tag or sticker shall be posted or affixed in a conspicuous place on each such vehicle. (1976 Code §9-14)
A. Compliance required: All licensees and permitees shall comply with all applicable laws, ordinances, rules and regulations of the Village, and no business, occupation, or activity, whether licensed or not, shall be so conducted or operated as to amount to a nuisance. The Village Administrator or his designee shall cause periodic inspections to be made of licensees and permitees to maintain proper compliance with all applicable laws, ordinances, rules, and regulations, and to protect the general health, safety, and welfare of the public. Whenever inspections of the premises used for the operation of a licensed business, occupation or activity are reasonably necessary to secure compliance with any ordinance or to detect violations thereof, or to protect the general welfare of the public, it shall be the duty of the licensee, permitee, or person in charge of the subject premises to admit and assist any officer or employee of the Village who is authorized or directed to investigate the premises.
B. Suspension of Business Operation: When the conduct or operation of any business or establishment, whether or not licensed, shall constitute a nuisance in fact and a clear and present danger to the public health, safety or general welfare, the Village Administrator shall be authorized to summarily order the cessation of business, the closing of the premises and the suspension of any license or permit for a period not to exceed ten (10) days.
Within eight (8) days after he/she has so acted, the Village Administrator shall call a hearing for the purpose of determining whether the license or permit should be revoked or suspended.
C. License suspension: The Village Administrator or his designee may suspend or revoke any license or permit issued under this chapter if:
1. The licensee fails to meet or maintain the qualifications required of an applicant for the license;
2. The licensee violates any provision of this chapter or any other ordinance of the Village applicable to the premises of the licensee or his business, profession or activity;
3. The licensee obtained the license by fraud, misrepresentation or omission of a material fact;
4. The licensee's activities create a danger to the public health, safety or welfare;
5. The licensee violates a condition of the license;
6. The licensee violates a statute, regulation or other law of the state, the United States of America or other governmental body or agency with jurisdiction over the licensee or his premises, business, profession or activity;
7. The licensee fails to obtain or maintain a license, permit or certification required by the village or other governmental body or agency having jurisdiction over the licensee or his premises, business, profession or activity;
8. One or more of the licensee's activities constitute a public nuisance;
9. The licensee employs a person (a "revoked licensee") who has had his license, or the license of a corporation, partnership, or similar entity in which he has an ownership interest, suspended, revoked or not renewed under this article; or
10. The licensee, in the case where the licensee is a corporation, partnership or similar entity, becomes owned, in whole or in part, by a revoked licensee or an owner or principal of a revoked licensee.
D. License suspension notice; hearing on revocation:
1. If the Village administrator or his designee finds one of the grounds set forth in subsection (C) of this section exists, he shall give written notice to the licensee or person in control of the business, profession or activity within the Village, by personal service or certified mail, that the license is suspended, pending a hearing before the board of trustees for the purpose of determining whether the license should be revoked. The notice shall state the time and place at which the hearing is to be held, which shall be at a regular or special board of trustees meeting within thirty (30) days from the date of service of the notice. The notice shall contain a brief statement of the reasons for the suspension and proposed revocation.
2. At the license revocation hearing, the licensee may appear and submit evidence in defense or mitigation of the violation specified in the notice. At such hearing, all parties shall have the right to be represented by counsel, to present testimony and evidence, and to cross-examine witnesses. The board of trustees shall determine and rule upon all issues of evidence and procedure at the hearing, and shall, by a majority vote of members present, render a written decision based upon findings of fact and applicable law. The written decision shall be served upon all parties.
E. Standards for revocation or lesser sanctions:
1. If persuaded that the licensee has violated or failed to comply with one or more of the standards or requirements set forth in subsection b. of this section, the board of trustees shall determine whether to revoke the license or to establish some lesser sanction and cure, considering the nature, circumstances, extent, and gravity of the violation as reflected by one (1) or more of the following factors:
a. Whether the misconduct was egregious;
b. Whether substantial harm resulted;
c. Whether the violation was intentional;
d. Whether there is a history of prior violations of the same or other requirements;
e. Whether the violation was voluntarily disclosed or admitted;
f. Whether the violation was expeditiously cured;
g. Whether the licensee has paid all fines assessed; and
h. Whether it would be in the public interest to impose some penalty or sanction less than revocation.
2. Lesser sanctions which may be imposed by the Board of Trustees shall include, but are not limited to:
a. Suspension of the license for a period of time;
b. Imposition of a fine in addition to any other fine for which the licensee may be liable under other sections of this chapter; and
c. Imposition of conditions and/or limitations upon the license.
3. If a fine is imposed, the Board of Trustees may include an assessment of the reasonable attorneys' fees incurred by the village in enforcing this section and conducting the license revocation hearing.
4. No person who has had a license suspended, revoked or not renewed under this article shall be granted any other license under this chapter during the period of suspension, revocation or nonrenewal either in the licensee's own name, as a principal in another business or entity, or in the name of a corporation, limited liability company or other entity which has ownership or another interest in common with the revoked licensee. For the purposes of this section, the term "another interest in common with the revoked licensee" shall include situations where the revoked licensee or one of its owners or principals is employed by the prospective licensee. No person whose license is revoked is entitled to a refund of any part of the license fee paid for the revoked or suspended license.
F. Revocation not exclusive remedy: Nothing in this section shall be deemed to prevent the Village Administrator or his designee or applicable Village Inspector from imposing other penalties authorized by this chapter or other village ordinance, including the imposition of a fine or filing a complaint in the circuit court of the county for a violation of this chapter or other village ordinance. (1976 Code § 9-11; amd. Ord. 2023-23, 7-20-2023)
Any final decision of the Board of Trustees pursuant to this section shall constitute a final determination for purposes of judicial review and shall be subject to review under the Illinois Administrative Review Law (735 ILCS 5/3-101, et seq.). (1976 Code § 9-12; amd. Ord. 2023-23, 7-20-2023)
In the absence of provisions to the contrary, all fees and charges for licenses or permits shall be paid in advance at the time application therefor is made to the village clerk in the amounts prescribed in the schedule contained in this article. When an applicant has not engaged in the business or activity until after the expiration of part of the current license year, the license fee shall be prorated by quarters and the fee paid for each quarter or fraction thereof during which the business or activity has been or will be conducted. Except as otherwise provided, all license and permit fees shall become a part of the corporate fund to reimburse said fund for the costs incurred in investigations and processing applications for the permits and licenses required herein, and for the costs of regulating the subject businesses or establishments. In no event shall any rebate or refund be made of any license or permit fee, or part thereof, by reason of death or departure of the licensee or permittee; nor shall any rebate or refund be made by reason of nonuse of the license or discontinuance of the operation or conduct of the licensed establishment, business or activity. (1976 Code §9-6)
A. Development Review Fees And Charges And Building Permit Fees: All development review fees and charges and building permit fees, as set forth in subsections 3-1A-3A and B of this article, shall be due and payable on or before the sixtieth day after the date when the statement of such amounts due is delivered or deposited in the U.S. mail by the village. In the event that such amounts due are not received by the village within such sixty (60) day period, such amounts due shall be deemed and are hereby declared to be delinquent and thereafter a delinquency charge of one percent (1%) per month, or portion thereof, with a minimum delinquency charge of five dollars ($5.00) per month, shall be added to the amount due until such amount due, including all delinquency charges, is received by the village. This charge shall be in addition to any other charges or penalties imposed by law for late payment or nonpayment of funds due the village.
B. Business License Fees: All business license fees, as set forth in subsection 3-1A-3C of this article, shall be due and payable on or before the thirtieth day after the date when the statement of such amounts due is delivered or deposited in the U.S. mail by the village. In the event that such amounts due are not received by the village within such thirty (30) day period, such amounts due shall be deemed and are hereby declared to be delinquent and thereafter a delinquency fee of fifty dollars ($50.00) shall be added to the amount due the village for said license fee. This charge shall be in addition to any other charges or penalties imposed by law for late payment or nonpayment of funds due the village. (Ord. 98-59, 11-12-1998; amd. Ord. 2004-07, 3-18-2004)
License fees under the terms of this title for the businesses, occupations, activities and uses set forth shall be as follows:
A. Development Review, Reimbursement Of Fees:
1. Zoning and Comprehensive Plan: An owner of property, or agent thereof, submitting any application or petition to the village seeking one or more of the following elements of relief, from or by the village, shall pay to the village as a part of such application or petition a fee for each such element of relief, as follows:
Zoning text amendment | $500.00 | ||
Zoning map amendment | $600.00 | ||
Variation: | |||
Administrative | $100.00 | ||
Residential use | $100.00 | ||
Nonresidential use | $500.00 | ||
Map amendment | $500.00 | ||
Text amendment | $500.00 | ||
2. Annexations, Subdivisions, Planned Unit Developments, Special Use Permits, Site Development Areas, Site Plans, Appeal, And Appeal To Zoning Officer Decision: An owner of property, or agent thereof, submitting any application or petition to the village seeking one or more of the following elements of relief, from or by the village, shall pay to the village as a part of such application or petition a fee for each such element of relief, as follows:
Special use permit request or amendment thereto | $650.00 | |
Amendment with respect thereto | $1,000.00 | |
Appeal to zoning officer decision | $1,000.00 |
Acreage Of Subject Realty | ||||
<2 Acres | 2 - 10 Acres | 10 - 25 Acres | >25 Acres |
Acreage Of Subject Realty | ||||
<2 Acres | 2 - 10 Acres | 10 - 25 Acres | >25 Acres | |
Annexation | $500.00 | $1,000.00 | $1,500.00 | $2,000.00 |
Special use permit for a PUD and associated preliminary plan/plat | $1,500.00 | $1,900.00 | $2,500.00 | $3,500.00 |
Major change thereto | $600.00 | $950.00 | $1,250.00 | $1,750.00 |
Minor change thereto | $600.00 | $600.00 | $600.00 | $600.00 |
Final PUD plan/plat or major change thereto | $1,300.00 | $1,500.00 | $1,800.00 | $2,000.00 |
Minor change thereto | $600.00 | $600.00 | $600.00 | $600.00 |
Site plan review or major change thereto (Administrative and Village Board) | $250.00 | $500.00 | $750.00 | $1,000.00 |
Minor change thereto | $250.00 | $250.00 | $250.00 | $250.00 |
Preliminary subdivision plat | $500.00 | $1,150.00 | $1,700.00 | $2,200.00 |
Final subdivision plat | $850.00 | $1,100.00 | $1,700.00 | $2,200.00 |
3. Additional Staff Review Fee: Three (3) staff reviews are included with the total fee submitted with respect to any application/petition. An owner of property, or agent thereof, submitting any application or petition with the village which, either at the applicant's request or in the opinion of the village staff, requires more than three (3) plan reviews prior to the application/petition being reviewed by the plan commission, shall pay to the village five hundred dollars ($500.00) for each plan review in excess of three (3).
4. Reimbursement Of Fees: In addition to the fixed fee(s) provided for in subsections A1, A2 and/or A3 of this section, each owner and petitioner/applicant shall enter into a reimbursement of fees agreement with the village. The reimbursement of fees agreement shall encompass all applications or petitions pending with the village, including any additional matters not set forth hereinabove. The reimbursement of fees agreement shall be in the following form:
VILLAGE OF WOODRIDGE
REIMBURSEMENT OF FEES AGREEMENT
Village of Woodridge Acct. # | ||
I. | OWNER: | |
A. | Owner of Property: Date: | |
B. | Owner's Address: | |
C. | Owner's Phone Number: | |
D. | If Owner is a Land Trust, the names and addresses of the beneficiaries of the Trust: | |
II. | PERSON MAKING REQUEST (Petitioner/Applicant): | |
A. | Name of Petitioner/Applicant: | |
B. | Petitioner's/Applicant's Address: | |
C. | Petitioner's/Applicant's Phone Number: | |
III. | LOCATION OF PROPERTY: | |
A. | General Location of Property: | |
B. | Acreage of Parcel: | |
C. | Permanent Index Number(s): | |
D. | Legal Description (attach as Exhibit A) | |
IV. REIMBURSEMENT OF FEES:
Should the Village, in its sole and exclusive discretion, determine that it is necessary or desirable for the Village to obtain professional services, including, but not limited to, attorneys, engineers, planners, architects, surveyors, court reporters, traffic, drainage or other consultants, including full and/or part time site inspection services during the actual construction of any required improvements, and/or to incur costs related to any required notices or recordations, additional development and building permit applications in connection with any Petition or Application filed by the Petitioner/Applicant, a copy of which is attached hereto and incorporated herein as Exhibit B, then the Petitioner/Applicant and Owner shall be jointly and severally liable for the payment of such professional fees and costs, as shall actually be incurred by the Village, plus an additional ten percent (10%) to cover the Village's administrative expenses.
The Mayor and Board of Trustees and/or Village Administrator are hereby authorized to assign the above described services to the Village staff or to consultants, as they deem appropriate. When any services contemplated by this Agreement are rendered by the Village staff, then in such case the Village shall be reimbursed for its cost incurred in providing said services. Said reimbursement shall be at the rate of fifty dollars ($50.00) per hour, plus an additional ten percent (10%) to cover the Village's administrative expenses.
At the time the Petitioner/Applicant requests action from the Village, he shall deposit the following amounts with the Village as an initial deposit to collateralize the obligation for payment of such fees and expenses:
Number of Review Items | under 5 acres | 5-15 acres | 16-75 acres | over 75 acres |
One | $1,000 | $2,000 | $3,000 | $4,000 |
2 to 3 | $2,000 | $4,000 | $5,000 | $7,000 |
>4 | $3,000 | $5,000 | $7,000 | $10,000 |
The Village shall deduct the incurred expenditures and costs from the funds deposited. If the remaining deposit balance falls below $500.00, the Petitioner/Applicant, upon notice by the Village, shall be required to replenish the deposit to its original amount. The Village shall send the Petitioner/Applicant regular invoices for the fees and costs incurred. The Petitioner/Applicant shall replenish the deposit amount within fifteen (15) days of receipt of an invoice directing the replenishment of said deposit. Failure to remit payment within fifteen (15) days will cause all reviews to cease.
A Petitioner/Applicant who withdraws his Petition or Application may apply in writing to the Village Clerk for a refund of his initial deposit. The Village Administrator may, in his discretion, approve such refund less any actual fees and costs, which the Village has already paid or incurred relative to the Petition or Application.
Upon the failure of the Petitioner/Applicant or Owner to reimburse the Village in accordance with this Agreement, no further action shall be undertaken on any Petition or Application by the Mayor and Board of Trustees, or by any other official or quasi-official individual or body thereunder, including the conduct of any hearings or deliberations, the granting of any relief or approvals, and the execution or recording of any documents, until all such outstanding fees are paid in full and/or the initial deposit is restored to its full amount. Further, the Village may deny any application for a grading, building or other permit if such amounts have not been paid in full. Upon any failure to reimburse the Village in accordance with this Section, the Village may in its discretion, apply any or all of the initial deposit to the outstanding balance due and/or elect to place a lien against any real property associated with the Petitioner/Applicant's Petition or Application. In the event such amounts are not paid in full within sixty (60) days after the date when the statement of such amounts due is delivered or deposited in the U.S. mail by the Village, such amounts due shall be deemed delinquent and thereafter a delinquency charge of one percent (1%) per month, or portion thereof, with a minimum delinquency charge of $5.00 per month, shall be added to the amount due until such amount due, including all delinquency charges, is received by the Village. Said lien shall be in an amount equal to the outstanding amount owed to the Village.
The remedies available to the Village as set forth hereinabove are non-exclusive and nothing herein shall be deemed to limit or waive the Village's right to seek relief of such fees against any or all responsible parties in a court of competent jurisdiction.
Any remaining balance of any funds deposited pursuant to this Agreement shall be refunded at such time as the Village accepts all required improvements within the development, pursuant to any improvement agreement executed in connection with the development of the real property associated with Petitioner's/Applicant's Petition or Application. In the event that no improvements are required, any such balance shall be refunded upon the later occurring of the following events: completion of Village deliberation on the petition or application, recordation of all necessary documents associated with the petition or application, or issuance of a building permit upon the real property in question.
BY SIGNING BELOW, THE PETITIONER/APPLICANT AND OWNER ACKNOWLEDGE THAT EACH OF THEM HAS READ THE FOREGOING PARAGRAPHS AND EACH OF THEM FULLY UNDERSTANDS AND AGREES TO COMPLY WITH THE TERMS SET FORTH HEREIN. FURTHER, BY SIGNING BELOW, EACH SIGNATORY WARRANTS THAT HE/SHE/IT POSSESSES FULL AUTHORITY TO SO SIGN.
THE PETITIONER/APPLICANT AND OWNER AGREE THAT PETITIONER/APPLICANT AND OWNER SHALL BE JOINTLY AND SEVERALLY LIABLE FOR PAYMENT OF FEES REFERRED TO IN APPLICABLE SECTIONS OF THE ORDINANCES OF THE VILLAGE OF WOODRIDGE, AND AS SET FORTH HEREIN.
Village of Woodridge | ||
By: | ||
Petitioner/Applicant | Village Administrator | |
Owner | Attest | |
Date: | Date: | |
5. Public Hearing Fee: In addition to the fixed fee(s) provided for in subsections A1, A2 and/or A3 of this section, each owner of property, or agent thereof, submitting any application or petition with the Village, which requires a public hearing per State law shall pay to the Village fifty dollars ($50.00).
6. Fee in-Lieu for Tree Preservation: Per the Tree Preservation and Requirements section of the Zoning Code Title, 9-8-3.B.6, a Fee in-lieu shall be established for certain situations when required tree replacement cannot be met. The fee shall be paid to the village, per tree, in the amount of four hundred dollars ($400.00) per tree at the time the any building permit is issued for the property with an annual increase in the fee tied to the Consumer Price Index.
B. Building Permit Fees:
1. Single, Duplex And Townhouse Residential Buildings:
a. The fees for single, duplex and townhouse residential buildings shall be as follows (duplex and townhouse charges are per unit):
Plan review fee | $400.00 | |
Building permit and inspection fee | 0.40 per square foot | |
(basement and garage included in square footage) | ||
Minimum charge $350.00 |
The building permit and inspection fee includes the cost of the inspection of driveway, sidewalk, final occupancy, furnace and central air conditioning. Fees for accessory structures (i.e., decks, etc.), plumbing and electrical not included. Expedited reviews, if approved by the director of community development, shall be charged at 11/2 times the normal rates and minimum charges.
b. The plan review fee is nonrefundable. If the permit is revoked or canceled prior to commencement of construction, the building permit and inspection fee shall be refunded. Otherwise, no other refunds will be made.
2. Multi-Family Residential Buildings, Nonresidential Buildings:
a. The plan review fees for multi-family residential buildings and nonresidential buildings shall be computed as follows:
Outside Agency
The plan review for multi-family and nonresidential buildings, including additions thereto, may be performed by a professional plan review agency. All fees and charges related to the performance of this service shall be borne by the permittee. An additional 20 percent of this fee shall be charged for administrative costs and plan review performed by village personnel.
In House Plan Review Performed By Village Personnel
(A) Building Code Review - Volume/Cubic Feet (New Construction And/Or Additions):
Up to and including 60,000 | $ 550.00 | |
60,001 to and including 80,000 | 650.00 | |
80,001 to and including 100,000 | 750.00 | |
100,001 to and including 150,000 | 850.00 | |
150,001 to and including 200,000 | 1,050.00 | |
Over 200,000 for each 10,000 or fraction thereof | 9.00 | |
Mechanical review add 0.25 x building review fee | ||
Plumbing review add 0.25 x building review fee | ||
Electrical review add 0.25 x building review fee | ||
Fire sprinkler systems - based on number of sprinklers: | ||
Up to and including 200 | $400.00 | |
201 to and including 300 | 450.00 | |
301 to and including 500 | 620.00 | |
Over 500 | 620.00 plus $0.50 each | |
Fire pump | 200.00 | |
Alternate fire suppression system: | ||
Standpipe | 250.00 per standpipe | |
Carbon dioxide | 250.00 flat rate | |
Dry chemical (cooking operations) | 250.00 flat rate | |
(B) Remodeling: Plan review for remodeling of multi- family and nonresidential buildings will be performed at a cost of $100.00 an hour.
(C) Expedited Reviews: Expedited reviews of new construction, additions or remodeling of multi-family residential or nonresidential buildings, if approved by the director of community development, shall be charged at 11/2 times the normal rate.
(2) Building Permit And Inspection Fee:
Multi-family buildings:
$0.35 per square foot of total floor area of multiple- family residential buildings.
Nonresidential buildings, new construction and additions:
$0.45 per square foot of total floor area, for buildings 10,000 square feet and smaller.
For buildings larger than 10,000 square feet and up to and including 100,000 square feet:
$0.45 per square foot of total floor area up to and including 10,000 square feet, plus $0.35 per square foot of total floor area in excess of 10,000 square feet.
For buildings larger than 100,000 square feet:
$0.45 per square foot of floor area up to and including 10,000 square feet, plus $0.35 per square foot of total floor area in excess of 10,000 square feet up to and including 100,000 square feet, plus $0.25 per square foot of total floor area in excess of 100,000 square feet.
(3) Stormwater Management Permit Fee: The fee for review of an application to the village for a stormwater management permit, as required under the "countywide stormwater and floodplain management ordinance", shall be as follows:
Where stormwater submittal is required | $500.00 | |
Where no stormwater submittal is required | 50.00 |
b. The plan review fee is nonrefundable. If the permit is revoked or canceled prior to commencement of construction, the remaining portion, up to 50 percent, of the engineering review and inspection fee shall be refunded; building permit and inspection fees shall also be refunded in their entirety. Otherwise, no refunds shall be made.
3. Additions, Alterations, Repairs, Accessory Structures And Reinspections: The fees for residential and nonresidential alterations, repairs and accessory structures, reinspections and residential additions shall be as follows:
Accessory structures (decks, porches, gazebos, etc.) | $ 100.00 | ||
Air conditioning, furnace install/replace (residential) | 50.00 | ||
Connection of sump pumps, downspouts and underdrains to storm sewer system | 75.00 | ||
Driveways (including overlays) | 60.00 | ||
Fences: | |||
Residential | 40.00 | ||
Commercial, multi-family | 100.00 | ||
Fireplaces | 100.00 | ||
Patios, private walks, miscellaneous flatwork | 50.00 | ||
Reroofing: | |||
Residential | 40.00 | ||
Commercial, multi-family | 100.00 per building | ||
Sheds | 40.00 | ||
Swimming pools: | |||
Aboveground | 100.00 | ||
Inground | 200.00 plus electrical | ||
Water heater | 50.00 | ||
Remodeling, repairs, addition to main residential structure, detached garage, nonresidential alteration (not including plumbing and electrical): | |||
Valuation | Fee | ||
$50.00 - $1,000.00 | $ 85.00 | ||
$1,001.00 - $2,000.00 | 95.00 | ||
$2,001.00 - $5,000.00 | 105.00 | ||
$5,001.00 - $8,000.00 | 115.00 | ||
$8,001.00 - $10,000.00 | 125.00 | ||
Over $10,000.00 | 125.00 plus $10.00 per $1,000.00 valuation over $10,000.00 | ||
Remodeling: Plan review for remodeling of single-family, duplex and townhouse buildings will be performed at a cost of $100.00 an hour. (Ord. 2008-22, 5-1-2008; amd. Ord. 2009-48, 10-15-2009) | |||
4. Backflow Prevention Installation For Irrigation Systems: | |||
Residential | $ 75.00 | ||
Nonresidential | 75.00 | ||
Residential (single-family, duplex, townhouse) | 100.00 base fee, plus $15.00 per fixture | ||
Nonresidential, multi-family residential | 100.00 base fee, plus $15.00 per fixture | ||
Sewer replacement/alteration | 75.00 | ||
Base fee required for all electrical permits in addition to the applicable electrical fees listed below: | 100.00 | ||
Residential (single-family, duplex, townhouse): | |||
New, up to and including 200 amp | 250.00 plus $20.00 per each additional 100 amp | ||
Addition/alteration | 100.00 plus $5.00 per circuit | ||
Service upgrade up to and including 200 amp | 100.00 plus $20.00 per each additional 100 amp | ||
Nonresidential, multi-family residential - new: | |||
Service, panels, switchgear (each) up to and including 200 amp | 150.00 plus $20.00 per each additional 100 amp | ||
Circuits | 6.00 each | ||
Motors, HVAC units, condensers | 15.00 each | ||
Nonresidential and multi-family residential - additions: | |||
Service, panels, switchgear (each) up to and including 200 amp | 150.00 plus $20.00 per each additional 100 amp | ||
Circuits | 6.00 each | ||
Motors, HVAC units, condensers | 15.00 each | ||
Minor alterations | 3.00 per outlet, plus $6.00 per circuit; $75.00 minimum | ||
Low voltage, voice/data, commercial burglar alarms | 100.00 | ||
7. Fire Alarm Systems: | |||
Each panel |
150.00 each, plus $2.00 per device; $200.00 minimum
| ||
8. Demolition/Wrecking: | |||
Residential (single-family, duplex, townhouse): | |||
Accessory building |
40.00
| ||
Principal building |
500.00
| ||
Nonresidential, multi-family residential: | |||
Interior demolition | 150.00 plus $7.00 per 1,000 square feet | ||
Principal building |
500.00
plus $7.00 per 1,000 square feet | ||
9. Grading/Fill Permits: | |||
Residential - existing structures | 75.00 | ||
10. Parking Lot Alterations: | |||
Sealcoating and restriping | 150.00 | ||
Resurfacing or reconstruction | 150.00 plus $5.00 per 1,000 square feet | ||
11. Signs 1 : The fee to be charged for permits issued for the erection, construction or alteration of any sign, other advertising structure, marquee, canopy or awning, as defined in this subsection: | |||
a. | Nonilluminated signs (unless temporary) | $ 75.00 plus $1.50 per square foot of gross surface area of each face thereof | |
b. | Marquees, canopies and awnings | 75.00 plus $1.50 per square foot of gross surface area of each face thereof | |
c. | Illuminated signs | 150.00 plus $1.50 per square foot of gross surface area of each face thereof | |
12. Temporary Occupancy Permits: | |||
Residential, per unit | 75.00 | ||
Nonresidential | 150.00 | ||
13. Reinspection Fee: | |||
Failed reinspection - all work |
100.00
| ||
Not ready - all work (work not ready for inspection or site could not be accessed/locked) |
100.00
| ||
14. Overtime Inspections: (if approved by the director of community development) | 150.00 per hour; 2 hour minimum | ||
15. Work Commenced Without A Permit: | |||
Fee charged for work commenced prior to obtaining a required permit | 50 percent of normal permit fee; $100.00 minimum | ||
16. Minimum Permit Fee: | |||
Minimum fee for any permit not otherwise specified above | 200.00 per inspection | ||
17. Racking Permit Fee: | |||
Commercial storage racking permit | 100.00 | ||
18. Residential Fire Suppression Permit (13D): | 150.00 | ||
C. Business Licenses:
1. Ambulance service: | ||||
For each ambulance | 60.00 | |||
For each attendant or attendant driver | 20.00 | |||
2. Amusements: | ||||
Amusement devices, per machine | 75.00 | |||
Amusement rides, amusement attractions, carnivals and fairs, per day | 220.00 | |||
Animal shows - rodeos, per day | 110.00 | |||
Automobile show, per day | 110.00 | |||
Balloon contest, per day | 210.00 | |||
Circus or sideshow, per day | 110.00 | |||
Coin operated rides | 75.00 | |||
Fireworks display, per day | 110.00 | |||
Jukeboxes or other musical devices | 75.00 | |||
Musical concert or entertainment, per day | 60.00 | |||
3. Athletic contest or exhibitions, per day | 110.00 | |||
4. Scavengers: | ||||
Residential, per company | 1,000.00 | |||
Commercial, per company | 1,000.00 | |||
5. Taxicabs and limousines: | ||||
For each vehicle | 60.00 | |||
For each operator | 20.00 | |||
6. Vending machines, per machine | 25.00 | |||
7. Gasoline and/or automobile service stations | 110.00 | |||
8. Privately owned golf course and/or driving range | 110.00 | |||
9. Outdoor storage facilities | 110.00 | |||
10. Outdoor Christmas tree sales | 35.00 | |||
11. Tobacco products | 100.00
1 | |||
12. Yard waste land application | 510.00 | |||
13. All other businesses (based on total floor area): | ||||
Total Floor Area In Square Feet | ||||
0 - 1,000 (minimum fee for any business) | 45.00 | |||
1,001 - 5,000 | 55.00 | |||
5,001 - 10,000 | 70.00 | |||
10,001 - 20,000 | 110.00 | |||
20,001 - 40,000 | 145.00 | |||
40,001 - 75,000 | 160.00 | |||
75,001- 100,000 | 300.00 | |||
100,001+ | 500.00 | |||
14. Tree removal | 50.00 | |||
15. Massage establishment | 200.00 | |||
D. Engineering Review Fees: The Village Engineer, or his duly designated representative, shall review all plans and specifications and shall inspect all public and private improvements proposed to be made under this title during the course of construction. The applicant shall pay to the Village as and for the Village's costs for such engineering review and inspections, and related costs, a fee according to the following fee structure, based upon the percentage of the cost of construction of all site improvements other than buildings:
Cost Of Construction | Fee Percentage
| |
Portion of costs under $500,000.00 | 3.0% | |
Portion of costs from $500,000.00 to $1,000,000.00 | 2.75% | |
Portion of costs over $1,000,000.00 | 2.5% |
The required engineering and inspection fees shall be submitted to the Village upon submission of final engineering plans for such improvements and prior to Board of Trustees consideration of the final site plan and/or final plat. If the building permit is revoked or canceled prior to commencement of construction, the unused portion, up to fifty percent (50%), of the engineering review and inspection fee shall be refunded. Otherwise, no refunds shall be made. Upon submittal of any preliminary or final plat for Village review, the applicant shall file with the Village application fees and a reimbursement of fees agreement, in such amount and form as may be established from time to time by ordinance or resolution of the Board of Trustees. The planning review fees are nonrefundable. Should the actual engineering, inspection and related costs be greater than the initial fee, the applicant shall pay said difference to the Village, within thirty (30) days after the presentation of an itemized invoice to the developer and prior to any final approval.
E. Commercial Filming Permit Fees: The application fee (and late application fee, if applicable in line with subsection 3-14-5A of the Village Code), must be paid at the point of application. All other fees are payable prior to the collection of an approved permit.
Reimbursement of staff time will be invoiced to the applicant on a regular, as needed, basis.
Application Fee | $100 |
Late application fee (additional) | $50 |
Tier 1 Permit Fee (Monthly, minimum one month) | $600 |
Tier 2 Permit Fee (Monthly, minimum one month) | $350 |
Tier 3 Permit Fee | $150 |
Administrative Extension Fee | $100 |
Total closure of public street or right-of-way (per hour) | $50 |
Partial closure or obstruction of public street or right-of-way | $25 |
Reimbursement of Staff Time | $Varies |
Security Deposit (if required) | $Varies |
(Ord. 90-17, 4-12-1990; amd. Ord. 94-10, 2-24-1994; Ord. 94-32, 5-12-1994; Ord. 94-51, 7-28-1994; Ord. 2001-21, 5-10-2001; Ord. 2001-22, 5-10-2001; Ord. 2002-50, 12-12-2002; Ord. 2004-14, 4-15-2004; Ord. 2006-18, 4-20-2006; Ord. 2008-22, 5-1-2008; Ord. 2008-43, 9-18-2008; Ord. 2009-37, 8-6-2009; Ord. 2010-29, 5-20-2010; Ord. 2011-43, 9-8-2011; Ord. 2013-53, 10-24-2013; Ord. 2016-48, 12-15-2016; Ord. 2017-51, 9-21-2017; Ord. 2019-45, 10-3-2019; Ord. 2019-53, 11-21-2019; Ord. 2020-7, 3-5-2020; Ord. 2021-32, 10-21-2021; Ord. 2024-18, 3-21-2024)
Notes
1 | 1. See title 10, chapter 3 of this code for subdivision platting procedures and requirements. |
1 | 1. See title 7, chapter 5, articles B and C and title 8, chapter 1, article F of this code. |
2 | 2. See title 8, chapter 1, article E of this code. |
1 | 1. See section 9-11-2 of this code. |
1 | 1. Effective June 1, 2001, fees shall be computed at this rate. |