A.
All applications for approval by the Planning Board must be in writing and must be submitted to the Village Clerk, in duplicate, and must consist of the following papers, which will in no case be returned to the applicant:
(1)
Request for the approval of the Planning Board, stating precisely what action by the Board is desired.
(2)
The map, plat or plan in respect to which approval is requested.
(3)
An affidavit or certificate of ownership of the land affected, stating the name of the owner of record thereof.
(4)
If the applicant is not the owner or record, proof showing the authority of the applicant to make the application and to make the affidavits or certificates hereinbefore required.
B.
Filing fees.
[Added 11-17-1976 by L.L. No. 2-1976]
(2)
A deposit shall be made for costs and expenses on filing an application for approval of subdivision showing new streets or showing five (5) or more lots without new streets.
(a)
The developer shall be obligated to pay to the Village all costs of advertising, engineering, legal and other expenses of the Village in connection with obtaining the approval of the plat by the Planning Board.
(b)
On the filing of the application, there shall be deposited with the Village Clerk the sum set forth in Chapter 87, Fees, to defray the aforesaid costs and expenses. If the deposit shall be insufficient to cover such costs and expenses, the balance shall be due and payable on or before the signing of the approval of the Planning Board on the plat. Any sum over and above such actual costs shall, by resolution of the Board of Trustees, be returned to the person depositing the same either after the approval of the plat by the Planning Board or on certification of said person filing the plat that the plat be withdrawn.[2]
(3)
(4)
Deposit for inspection of public improvements during the course of construction and other expenses. The developer shall be obligated to pay to the Village all costs for inspection, engineering, attorneys' fees, publication and other costs incurred by the Village in connection with the completion of the improvements in the subdivision plat. There shall be deposited with the Village Clerk, at the time of the approval of a plat, a sum not less than six percent (6%) of the estimated costs of the improvements required by the Planning Board or such larger sum as in the discretion of the Planning Board is required to reimburse the Village, which sum shall be applied by the Village to the cost of inspection, engineering, attorneys' fees, publication and other costs. In the event that the sum so deposited is insufficient to cover the aforesaid costs, any additional sum required to reimburse the Village must be paid before acceptance by the Village of the completion of the improvements. Upon the completion of the improvements and discharge of the bond, if a bond shall have been furnished, any sum so deposited in excess of the actual costs shall be returned to the party making the deposit upon the approval of the Board of Trustees.
C.
Any sums deposited with the Village as provided in this chapter over and above the actual cost shall become the property of the Village if no demand is received by the Village for a refund within sixty (60) days from the date of the approval of the Planning Board of the plat or from the date certification is received that the plat is withdrawn with respect to deposits made pursuant to Subsection B hereof, and from the date of the completion of the improvement or, if a bond has been furnished, within sixty (60) days from the date of the discharge of the bond. All demands for refund must be in writing.