A. Application Form: All applications for a zoning amendment, special use, variation, zoning certificate, occupancy permit or appeal filed pursuant to this code shall be on forms supplied by the village and shall be filed in such number of duplicate copies as determined by the village clerk. All plans filed as part of any application shall be at a scale sufficient to permit a clear and precise understanding of the contents of said plans and the proposal being made.
B. Minimum Data Requirements: Every application submitted pursuant to this code shall contain such information as is required by the village from time to time. Applications shall be made available to all applicants in the office of the village clerk.
C. Filing Deadlines:
1. Applications Requiring Hearings: An application requiring a public hearing will not be scheduled for such hearing unless filed in proper form and number and containing all required information, not later than five o'clock (5:00) P.M. on the fourth Thursday preceding the requested hearing date. An application so filed will be scheduled for hearing on the requested hearing date, or on the first available date thereafter open on the relevant hearing agenda, on a first filed first scheduled basis.
2. Applications Not Requiring Hearing: An application that does not require a public hearing shall be filed, in proper form and number and containing all required information, at least twenty eight (28) days prior to the time when action on the application is requested. An application so filed will be processed on a first filed first processed basis.
3. Supplemental Data: Whenever supplemental data in connection with a previously filed application is required by the village or offered by the applicant, it shall be submitted at least seven (7) days prior to the date on which it is to be considered at a hearing or a meeting or acted upon in connection with such application. The filing of such data may be cause to delay a requested or scheduled hearing date at the discretion of the village. (Ord. 05-63, 11-15-2005; amd. Ord. 2014-07, 2-4-2014)
D. Application Fee Schedule: In addition to the fees authorized by subsection F of this section, a fee payable to the village clerk by certified check shall accompany an application form for an appeal, variation, amendment, special use, zoning certificate, or occupancy permit as follows:
Application Type | Fee | ||
Application Type | Fee | ||
1. | Appeal | $200.00 | |
2. | Variation | 200.00 | |
3. | Amendments: | ||
a. To text | 200.00 | ||
b. To district map | 250.00 | ||
c. To text and district map | 250.00 | ||
4. | Special use: Nonplanned development | 250.00 | |
5. | Special use: Planned development for applications containing 230 dwelling units or less; or 100,000 square feet of office and/or business floor area or less; or a weighted combination thereof | 500.00 | |
6. | Special use: Planned development for applications containing over 230 and through 500 dwelling units; or, over 100,000 and through 500,000 square feet of office and/or business floor area; or a weighted combination thereof (plus $10.00 per dwelling unit in excess of 100 units; or $500.00 plus $1.00 for each 100 square feet of office and business floor area in excess of 50,000 square feet) | 500.00 | |
7. | Special use: Planned development for applications containing over 500 dwelling units, or, 500,000 square feet of office and business floor area; or a weighted combination thereof | 750.00 | |
8. | Change in the initial application on petition for a variation, amendment, special use (nonplanned development) after approval | No charge | |
9. | Change in the initial application petition for planned development after approval | 1/2 of initial application fee | |
10. | Zoning certificate: | ||
a. Single-family | $10.00 | ||
b. All others | 25.00 | ||
11. | Variation: | ||
a. Fence variation | 10.00 | ||
b. Garage variation | 15.00 | ||
(Ord. 2015-42, 10-6-2015)
E. Intent Of Application Fees: The application fees established by this section are intended to cover the expenses that may be incurred due to initial staff time required to process such application, and other expenses such as printing and publication of notices, postage, and other administrative costs. The applicable application fee is payable at the time of filing of an application. (Ord. 05-63, 11-15-2005; amd. Ord. 2014-07, 2-4-2014)
F. Additional Fees: In addition to the applicable application fee, an applicant shall also pay the village's consulting and other costs associated in processing an application. Such costs shall consist of at least the following items:
1. Court reporter;
2. Document preparation and review;
3. Copy reproduction;
4. Document recordation;
5. Inspection fees;
6. Professional and technical consultant services; and
7. Legal review, consultation, and advice.
The village clerk shall invoice the applicant an amount estimated to be sufficient to cover the village's consulting fees and costs incurred while processing the application. The applicant shall pay the invoiced amount prior to the village processing the application. If the village's actual cost of processing the application exceeds the invoiced amount, the applicant shall reimburse the village for such excess. If the village discovers while processing the application that the invoiced amount is insufficient to cover the village's costs and fees, the village may submit a supplemental invoice to the applicant and require the applicant to submit a deposit equaling the invoiced amount before the application is processed further. If the village's actual cost of processing the application is less than the invoiced amount, the village will reimburse the applicant the difference. (Ord. 2015-42, 10-6-2015)
G. Invoices: The village shall invoice the applicant for expenses in excess of the application fee already paid at the time of the initial application. The applicant shall not be invoiced more than once a month. The village shall notify an applicant when the costs incurred in processing an application surpass five thousand dollars ($5,000.00), and shall thereafter notify such applicant when such costs surpass each five hundred dollar ($500.00) increment greater than five thousand dollars ($5,000.00). The village's failure to notify any such applicant shall not relieve such applicant of the duty to pay all such costs and shall not prevent the village from assessing and collecting all such costs.
H. Personal Service Cost Computation: Payment to all consultants retained by the village in any capacity connected with the application shall be based on fixed hourly rate contracts formally authorized by the village board. The computation of the village's staff time shall be based on salaries of the village personnel involved plus fifty percent (50%) to cover overhead and administration.
I. Applicant's Payments To Village: At no time shall there be any transfer of funds from any applicant directly to any consultant or village staff personnel. All payments to consultants shall be executed only under the conditions specified in this section, and the applicant shall be invoiced directly and solely by the village.
J. Court Reporter Fee: Prior to any hearing, an applicant must pay a minimum fee of one hundred twenty five dollars ($125.00) payable to the village clerk by certified check to secure the services and appearance of a court reporter. The village clerk shall then procure the services of a court reporter for the hearing. An applicant shall pay any additional appearance fee required of the court reporter that is based upon the length of the hearing. An applicant shall also be responsible for costs of transcribing the hearing if a transcript is so desired and shall pay the court reporter directly for such costs.
K. Liability For Fees: The owner of the property that is the subject of an application and the applicant, if different, shall be jointly and severally liable for the payment of any fees required by this section. By signing an application, the owner shall be deemed to have agreed to pay such fees and to consent to the filing and foreclosure of a lien on the subject property to ensure collection of any such fees, plus the costs of collection, in the event such fees have not been properly paid as required. Any lien filed pursuant to this subsection may be foreclosed in the manner provided by statute for mortgages or mechanics' liens.
L. Condition Of All Applications, Approvals, And Permits; Time Periods: No application filed pursuant to this code shall be considered complete unless and until all fees due pursuant to this section are paid. Every approval granted and every permit issued pursuant to this code, whether or not expressly so conditioned, shall be deemed to be conditioned upon payment of the fees required by this section.
M. Nonpayment Of Fees: The failure to fully pay any such fee when due shall be grounds for refusing to process an application and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee relates. When this code provides that the passage of time without decision or action shall be deemed an approval or a recommendation for approval, all time periods shall be tolled during any period of nonpayment, but shall otherwise continue to run.
N. Waiver For Specified Public Bodies: The provisions of this section may be waived by the board of trustees for fees applicable to any application filed by any public body, or any agency deriving the majority of its revenues from taxes levied within the village or any charitable organization.
O. Special Data Requests: In addition to the data and information required pursuant to this section, every applicant shall submit such other and additional data, information, or documentation any village official, officials, body, or bodies before which its application is pending may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
P. Concurrent Applications: When a proposed use or development requires more than one approval pursuant to this code, applications for all such approvals may be filed concurrently notwithstanding the fact that approval of one application may be a precondition to approval of other applications. Such applications may, in the discretion of the official, officials, body, or bodies charged with review of such applications be processed together; provided, however, that no application shall be approved unless all applications that are a precondition to its approval have first been approved.
Q. Withdrawal Of Application: An applicant may withdraw an application at any time prior to a final decision having been rendered with respect thereto, provided that the applicant shall have paid all applicable fees pursuant to this section. Such withdrawal shall be without prejudice to the applicant's right to refile such application, but any such refiling shall be treated as an entirely new filing and shall be subject to the procedures and fees of this code in the same manner as any other new application.
R. Copy Of The Village Zoning Map: An applicant requesting a zoning map shall pay a fee of five dollars ($5.00) for black and white, ten dollars ($10.00) for color. (Ord. 05-63, 11-15-2005; amd. Ord. 2014-07, 2-4-2014)