As a condition of the Village Board's final
approval of a final plat, certified survey map, or development plan,
the divider/developer shall pay to the Village Treasurer all required
fees due at such time.
[Amended 12-18-2006 by Ord. No. 06-64; 12-17-2007 by Ord. No. 07-61; 9-20-2010 by Ord. No. 10-51; 12-19-2011 by Ord. No. 11-35; 2-2-2015 by Ord. No.
15-02; 8-19-2019 by Ord. No. 19-25; 8-3-2020 by Ord. No. 20-22]
The Village Board shall from time to time establish application
fees by resolution for the following:
A.
Application and development review fees that require a predevelopment agreement. An initial application fee shall be paid when an application or request is submitted to the Village. This initial application fee covers the costs of preapplication staff conferences with the applicant and his representatives, site visits if necessary, providing copies of applications and related ordinances, and telephone calls with the applicant related to the Village requirements for the proposed project prior to submitting the application or request. In addition, the fees contained in Subsection B below shall also be paid for the processing and reviewing of the application.
(1)
Conceptual plan.
(2)
Preliminary plat.
(3)
Preliminary condominium plat.
(4)
Final plat.
(5)
Final condominium plat.
(6)
Assessor's plat.
(7)
Development agreements, memorandums or other agreements not associated
with a plat or certified survey map.
(8)
Amendment to an existing development agreement or other existing
agreement.
(9)
Assignment of development agreement.
(10)
Comprehensive Plan amendment.
(11)
Neighborhood sketch plan or amendment thereto.
(12)
Certified survey map, or affidavit of correction thereto.
(13)
Variance.
(14)
Street, walkway or park vacation.
(15)
Vacation of a plat.
(16)
Affidavit to change a plat or CSM requirement.
(17)
Vacation of a Village easement.
(18)
Deed restrictions/covenants/assignments or other development
documents to prepare or review.
B.
Predevelopment agreement. In addition to the application fee as specified in Subsection A above, the divider/developer and the property owner shall agree to be responsible for paying for the actual Village staff (planners, zoning administrators, parks director, engineering/public works employees and GIS employees) time spent and resources required for processing and reviewing of the application. As a condition of submitting the application or request, the divider/developer and the property owner(s) shall enter into a predevelopment agreement with the Village which specifies, at a minimum, the property owner's name, address, and telephone and facsimile numbers, the applicant's name, address, and telephone and facsimile numbers, the type of application, current billable rates to be used for review of the application, the address, legal description and tax parcel number of the property, and where and to whom invoices shall be sent.
[Amended 12-11-2023 by Ord. No. 23-49]
(1)
The Village shall mail invoices on a monthly basis to the specified
person. All invoices shall be paid within 30 days. There is a penalty
of 1.5% per month on the unpaid invoice balance, and there is an additional
penalty of 10% if the outstanding invoice, interest and penalty are
placed on the tax roll (a lien against the property). The right of
the Village to assess a lien against the property shall be one of
the remedies available to the Village but shall not be the exclusive
remedy. The Village may also sue for a money judgment for any invoices
which are past due. Furthermore, if an invoice becomes past due for
more than 30 days, the Village may elect to terminate all staff review
and to terminate the Village approval process on the application until
all delinquent invoices are fully paid.
(2)
The Village shall invoice and the applicant/property owner(s) shall
pay for the staff billable time and costs spent for processing and
reviewing the plans, specifications, drawings and other documents
submitted with respect to the proposed application, specific plans,
plats, and maps for the development or project; for preparing memorandums
and letters; for preparing, mailing, faxing, emailing and publishing
meeting notices and agendas; and for meetings, telephone calls and
emails with the applicant, agents, developers, property owners, officials
and neighbors. Billable time includes preparing reports and documents
for the Village Plan Commission, Zoning Board of Appeals or the Village
Board, and any other Village staff time expended to review or analyze
the application, specific plans, plats, maps or development plans.
Other charges included in the billable hours and costs are associated
with:
(a)
Preparing and publishing Village municipal code text and map
amendments for the referenced application from the Village's consultant.
(Note: Invoices from the Village's general e-code consultant are typically
sent semiannually, which often results in a time delay in sending
final invoices from the Village to the owner/applicant.);
(b)
The Village staff seeking expert advice in meetings and reviewing
and preparing correspondence regarding the specific plans, plats,
maps, development plans or project, such as, but not limited to the
Village's Attorney, environmental consultant, or architectural consultant
expertise; and
(c)
Requests from the agent/developer/property owners in gathering
additional information; preparing GIS mapping; reviewing materials;
preparing meetings, letters, emails and other correspondence; and
researching information and for existing or speculative development
proposals to assure that the proposed application, specific plans,
plats, maps, development plans or project are in compliance with the
applicable Village, county, state or federal ordinances, rules and
regulations and any approved plans or specifications.
(3)
The Village shall continue to invoice the divider/developer or property
owner(s) until final consideration is made regarding said application
and all related activities related to the application have been completed,
preconstruction meetings have been held and inspections have been
completed or said application is withdrawn in writing by the applicant/property
owner. All invoices and all staff time and resources spent prior to
the date of the written request to terminate the application shall
be paid by the divider/developer or property owner.
C.
Other application
fees.
(1)
Conceptual
plan time extension.
(2)
Preliminary
plat time extension.
(3)
Preliminary
condominium plat time extension.
(4)
Final
plat time extension.
(5)
Final
condominium plat time extension.
(6)
Assessor'
s plat time extension.
(7)
Certified
survey map time extension.
(8)
Lot
line adjustment time extension.
(9)
Lot
line adjustment, or affidavit of correction thereto.
[Amended 5-7-2007 by Ord. No. 07-20; 12-11-2023 by Ord. No.
23-49]
The divider/developer shall pay to the Village
Treasurer, upon presentment of an itemized statement, a fee equal
to the actual cost incurred by the Village for all engineering, public
works or inspection work conducted by or on behalf of the Village
in connection with the design, construction or installation of required
public or private improvements. Engineering, public works or inspection
work shall include, without limitation, the preparation of plans and
specifications, review of plans and specifications, construction staking,
inspection of construction, preparation of estimates for letter of
credit modifications and such other engineering or inspection services
as the Village Administrator or the Village Board may deem necessary
to assure that the design, construction and installation of all required
public or private improvements are in compliance with the provisions
of this chapter and the approved plans and specifications.
[Amended 9-20-2010 by Ord. No. 10-51]
The divider/developer shall pay to the Village Treasurer, upon presentment of an itemized statement, a fee equal to the actual cost incurred by the Village for any legal, engineering, architectural, scientific, fiscal or other expert or technical services required by the Village staff, the Village Plan Commission or Village Board in connection with the review and evaluation of any proposed site development, plat, certified survey map, or development plans. These fees shall be paid monthly during the development review process as well as a condition of final plat, certified survey map, or development plan approval. There shall be no duplication between fees charged under this section and those charged under § 395-88.
The divider/developer shall pay to the Village Treasurer, as a condition of the Village Board's final approval of a proposed final plat, certified survey map, or development plan, any amounts that the divider/developer is required to pay pursuant to § 395-72K of this chapter in connection with the extension to the proposed land division or development plan of sanitary sewerage system facilities or improvements.
The divider/developer shall pay to the Village Treasurer, as a condition of the Village Board's final approval of a proposed final plat, certified survey map, or development plan, any amounts that the divider/developer is required to pay pursuant to § 395-74J of this chapter in connection with the extension to the proposed land division or development plan of water system facilities or improvements.
The divider/developer shall pay to the Village Treasurer, as a condition of the Village Board's final approval of a proposed final plat, certified survey map, or development plan, any amounts that the divider/developer is required to pay pursuant to § 395-70I of this chapter in connection with the extension to the proposed land division or development plan of street improvements.
The divider/developer shall pay to the Village Treasurer, as a condition of the Village Board's final approval of a proposed final plat, certified survey map, or development plan, any amounts that the divider/developer is required to pay pursuant to § 395-72L of this chapter in connection with the upgrading of existing sanitary sewerage system facilities or improvements.
The divider/developer shall pay to the Village Treasurer, as a condition of the Village Board's final approval of a proposed final plat, certified survey map, or development plan, any amounts that the divider/developer is required to pay pursuant to § 395-74K of this chapter in connection with the upgrading of existing water system facilities or improvements.
The divider/developer shall pay to the Village Treasurer, as a condition of the Village Board's final approval of a proposed final plat, certified survey map, or development plan, any amounts that the divider/developer is required to pay pursuant to § 395-70J of this chapter in connection with the upgrading of existing street improvements.
Any divider/developer who is permitted by the Village Board to pay a fee rather than plant required street trees pursuant to § 395-79B of this chapter shall pay such fee to the Village Treasurer as a condition of the Village Board's final approval of the final plat, certified survey map, or development plan.
The divider/developer shall pay to the Village Treasurer, as a condition of the Village Board's final approval of a proposed final plat, certified survey map, or development plan, any amounts that the divider/developer is required to pay pursuant to § 395-18H of this chapter in connection with investigations or tests regarding possible environmental contamination or pollution.
The divider/developer shall pay to the Village Treasurer, as a condition of the Village Board's final approval of a proposed final plat, certified survey map, or development plan, any amounts that the divider/developer is required to pay pursuant to § 395-17B(6) of this chapter in connection with the administrative processing of the letter of credit, cash payments or other security for a proposed development.
[Added 12-11-2023 by Ord. No. 23-49]
A.
Any
fee paid by credit card or e-check to the Village will be charged
an additional finance fee for processing the transaction.
[Amended 8-3-2020 by Ord. No. 20-22]
Notwithstanding any other provision of this
chapter, no unconditional final approval of any final plat, certified
survey map, or development plan shall be granted by the Village Board
until such time as all fees imposed under this chapter have been paid
in full, with the exception of any engineering, inspection and expert
assistance fees provided for in this chapter which may be incurred
after such final approval.
