[HISTORY: Adopted by the Board of Trustees of the Village
of Coal City 2-25-2008 by Ord. No. 08-02. Amendments noted where
applicable.]
Every petition or application filed and processed, except as provided in § 157-2, pursuant to any Village code, ordinance, rule, or regulation, including, without limitation, any such petition or application filed under Chapter 156, Zoning Code, or Chapter 155, Subdivision Regulations, that requires the Village to incur any fees, costs, expenses, or charges, for the following shall be considered "recoverable costs" and shall be collected from the applicant or petitioner. Recoverable costs shall be in addition to any and all other fees, charges, or penalties established by the Village under any code, ordinance, rule, or regulation, including, without limitation, those fees, costs, expenses, or charges (collectively "recoverable costs") for:
A.
Copying and other reproduction service;
B.
Legal notice publication;
C.
Village staff time;
D.
Village Attorney time and services;
E.
Village Engineer time and services;
F.
Other professional and technical consultant time and services;
G.
Document preparation, negotiation, and review;
H.
Document recordation and filing;
I.
Mailing, messenger, or other expedited document delivery services;
J.
Court reporter; and
K.
Proof of ownership title searches.
[Amended 7-27-2016 by Ord. No. 16-16]
No petition or application shall require the execution of a recoverable costs agreement nor shall the recoverable costs be collected if the petition or application will involve less than $500 in recoverable costs. If a petition or application subject to exemption herein for being under $500 in recoverable costs is later determined by the Village to exceed $500, then the applicant or petitioner shall be required to enter into a recoverable costs agreement as provided in § 157-3 and the applicant or petitioner shall be responsible for all recoverable costs in excess of $500.
The owner of the property that is the subject of the petition
or application and, if different, the petitioner or applicant shall
be jointly and severally liable for the payment of recoverable costs
(individually and collectively "responsible parties"). The responsible
parties shall enter into an agreement ("recoverable costs agreement")
with the Village at the time of execution of the petition or application,
which agreement shall be a part of the petition or application materials
and shall also be available from the Village Clerk. By executing the
recoverable costs agreement, the responsible parties shall be deemed
to have agreed to pay and to have consented to payment of recoverable
costs, plus any costs of collection, that have not been paid within
30 days following the mailing of a written demand for payment to the
responsible parties at the address set forth on the recoverable costs
agreement.
[Amended 7-27-2016 by Ord. No. 16-16]
Every petition or application shall be accompanied by the required filing fee, retained personnel fee as set forth in § 10-99F of the Village Code, plus a security deposit as set forth in § 10-99F of the Village Code that shall be determined in the sole discretion of the Village Administrator and shall be based on the size of the project that shall be deposited into a recoverable cost escrow account established by the Village. No interest shall be payable to the responsible parties on any funds retained in such escrow account. The Village is specifically authorized to apply this security to the payment of such fees, costs, and expenses in the event the owner or petitioner fails to make payments as required in this chapter. The responsible parties shall be obligated to continuously maintain this amount of deposit with the Village until a final determination has been made by the corporate authorities on the petition or application.
[Amended 7-27-2016 by Ord. No. 16-16]
The Village shall provide a written invoice to the responsible parties itemizing the recoverable costs and the work performed. The responsible parties shall pay the Village within 30 days of the date of the invoice from the Village. If the owner or petitioner does not pay the invoice within the thirty-day period, interest shall accrue on the unpaid balance at the rate as set forth in § 10-99F of the Village Code, as the same shall be amended from time to time by the corporate authorities of the Village. The Village shall also, following written notification to the responsible parties, direct that all professional staff cease work on the petition until the invoice is paid in full. Any permits, licenses, or other requested relief ready to be issued may be withheld until all fees are paid to the satisfaction of the Village.
No petition or application filed pursuant to any Village code,
ordinance, rule, or regulation shall be considered complete unless
and until all filing fees, deposits, and payments due pursuant to
this chapter have been paid and a fully executed recoverable costs
agreement has been filed with the Village Clerk. Every approval granted
and every permit or license issued pursuant to any Village code, ordinance,
rule, or regulation shall, whether or not expressly so conditioned,
be deemed to be conditioned upon payment of all due and owing recoverable
costs as required by this chapter.
The failure to pay in full when due any recoverable cost or
deposit required under this chapter shall be grounds for refusing
to process a petition or application and for denying or revoking any
permit or license, or any approval otherwise sought.
