The Village Board makes the following legislative findings:
A.
Development review processes should be easily understood and well-structured,
and only involve those steps and requirements that are needed to properly
review the application.
B.
The general public, property owners in the area, and affected agencies
have a right to know about certain proposed development projects and
have meaningful participation in the review process.
C.
Written findings should accompany adjudicative decisions to serve
as a permanent record documenting the reasons for approval or denial
and the conditions of approval, if any.
D.
Enforcing the rules and regulations contained in this chapter is
an important function of government.
The development review requirements and procedures in this chapter
are intended to:
Unless otherwise specified in this chapter, the owner of the
property or a person having the power of attorney for the property
owner shall sign the application submitted for review.
Submission of an application as may be required in this chapter
authorizes Village officials and employees, or other designated agents,
to enter the subject property to verify information in the application
and to conduct other site investigations as may be necessary to review
the application. Failure to allow access to the subject property is
sufficient grounds to deny the application.
A.
During application review process. During the application review
process, the applicant has the burden of proof to show that the proposed
development is consistent with this chapter.
B.
During appeal of an administrative decision. During an administrative
appeal proceeding, the petitioner has the burden of proof to show
that such decision is not consistent with this chapter.
C.
During enforcement proceedings. During enforcement proceedings, the
Zoning Administrator or administrative unit taking enforcement action
has the burden of proof to show that the action or development is
in violation of this chapter.
If the Zoning Administrator determines that a parcel is in violation
of this chapter, no permit or approval of any kind shall be granted
under this chapter that would benefit such parcel, except to correct
the violation, or as may be required by state law.
To the extent possible, when a development project requires
multiple reviews, the reviews should be done concurrently. When one
approval is a condition precedent to approval of another application,
the approvals shall be issued in the requisite order.
A.
Assessment of fees. As deemed necessary for the administration of
this chapter, the Village Board may, by resolution, establish application
fees and other charges, as set forth in the Village Fee Schedule.
B.
Timing for payment. Application fees shall be paid at the time the
application is submitted for review.
C.
Doubling of application fee. If an activity which requires prior
authorization under this chapter is started before the authorization
is granted, the application fee is automatically doubled. Payment
of such fee shall not release the applicant from full compliance with
this chapter nor from prosecution for violation of this chapter.
D.
Refunds. Application fees are nonrefundable, except when the application
and fee were accepted by the Zoning Administrator or Village staff
in error.
A.
Generally. The Village Board may require an applicant to be responsible
for paying the professional service fees of individuals or private
firms the Village elects to hire to assist in the review of a submitted
application. Such fees may cover time, materials, and other related
expenses of attorneys, planners, engineers, and other specialists,
and their support staff. Payment of fees is required whether the application
is approved or not.
B.
Billing procedure. The Zoning Administrator shall prepare an itemized
statement of the professional service fees to be charged and provide
a copy to the applicant. Such statement shall be in writing and shall
contain, at a minimum, the following information:
(1)
A statement that the applicant has a specified period of time,
not less than 30 days, to pay;
(2)
A statement that the applicant may appeal one or more of the
itemized charges to the Village Board within 15 days of the date of
the statement; and
(3)
A statement that any unpaid charge will be assessed as a delinquent
charge against the subject property.
C.
Appeal of charges. To appeal one or more charges, the applicant shall
submit a written appeal to the Zoning Administrator within the appeal
period stated on the statement. The Village Board shall consider the
matter at its next regular meeting, provided the date of the meeting
is 10 days or more from the date the appeal is received. The Village
Board shall have the power to approve the charges as assessed or reduce
the amount of charges in whole or in part with cause.
D.
Nonpayment. If the applicant does not appeal the charges within the
time period specified in the statement, the Village Treasurer shall
automatically charge any unpaid amount as a delinquent tax against
the property as provided by state law. In the event the applicant
submits an appeal as provided in this section, no charges shall be
placed on the tax roll unless and until such time as the Village Board
approves the charges against the tax roll in whole or in part. When
a charge becomes delinquent, if it is too late to put the charge on
the current year's tax bill, then the delinquent charge shall be extended
to the following year's tax roll.
All written information that an applicant submits to Village
staff during a pre-submittal meeting or at any point in the review
process is considered part of the public record subject to state and
local law.
Statements and recommendations that are made by the Zoning Administrator,
other Village staff, and other representatives prior to or during
the application review process shall not be binding on the decision-making
body responsible for making the final decision.
A.
Timing of withdrawal. An applicant may withdraw an application anytime
after submittal but prior to a final decision.
B.
Effect of withdrawal. A request to withdraw an application terminates
the review process and no decision shall be rendered.
C.
Retention of application materials. A withdrawn application and related
review documents shall be kept as a permanent public record.
A.
Commencement of work prior to end of appeal period. If a development
project is approved under this article, the applicant may, upon receipt
of the decision notice and satisfaction of all precedent conditions
of approval, commence with the work as authorized under the approval
with the understanding that another qualified party may file an appeal
with the appropriate review body. Prior to the end of the appeal period,
all such work proceeds at the risk of the applicant.
B.
Effect of appeal on approval. If a qualified party appeals a decision
granting approval, the approval shall be stayed and all work authorized
by the approval shall cease until the reviewing body issues a final
ruling relating to the approval.
A.
Authority. The Zoning Administrator shall from time to time prepare
a schedule establishing deadlines for submitting the various types
of applications.
B.
Publication of schedule. The Zoning Administrator shall make the
current review schedule available to the public and may post it on
the Village's website.
The Zoning Administrator shall prepare application forms and
may amend them from time to time.
It is the responsibility of those undertaking development projects
within the Village to obtain all applicable permits and other approvals
as may be required elsewhere in the Village of Fox Crossing Municipal
Code and from federal, state, and local authorities as may be required.
A building permit for the construction of a new building or
the expansion of an existing building shall not be issued until such
time as a zoning permit has been issued or a written determination
is made that one is not required.
