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2003-032ORDINANCE NO. 2003- 32 AN ORDINANCE ADDING CHAPTER 3.06, ZONING FEES, AND AMENDING CHAPTER 3.04, WAIVER OF FEES, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; WHEREAS, various costs are incurred by the Village in the processing of petitions and applications for zoning amendments, variations, special uses, exceptions, development ordinance matters, holding public hearings, newspaper notice(s), court reporters and attorneys fees; and WHEREAS, it is necessary that the Village recover the costs of processing said petitions and applications. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. Chapter 3.06 is hereby added to the Village of Buffalo Grove Municipal Code, read as follows: Chapter 3.06 ZONING FEES 3.06.010 Payment of Fees. The fees as set forth in this Chapter shall be paid to the Village in conjunction with the processing of any zoning petition or application. 3.06.020 Filing Fees for Variations By The Zoning Board of Appeals. A. All One and Two Family Dwellings: 1. Variations for principal structures $125.00 2. Variations — other than principal structures $ 75.00 B. All Multiple - Family Dwellings: 1. Variations for principal structures $175.00 2. Variations — other than principal structures $125.00 C. All Business, Office/Research and Industrial Buildings: 1. Variations for principal structures $175.00 2. Variations - other than principal structures $125.00 D. To appeal a decision of the Building Commissioner $175.00 1 • i 3.06.030 Filing Fees For Petitions Reviewed By The Plan Commission A. Special Uses 1. Property in R -E through R -7 Districts $100.00 2. Property in all other districts $200.00 B. Planned Unit Development (PUD) 1. Amendment $100.00 2. New development $200.00 C. Rezoning or variation (If not part of a petition for Special Use or PUD) $200.00 D. Zoning text amendment $100.00 E. Concept/Preliminary Plan Review (Pursuant to Development Ordinance, Section 16.20.020.13) Sites five (5) acres or less $150.00 2. plus $25.00 per acre or fraction of an acre for sites larger than five acres F. Engineering Review (calculated for each development pursuant to Development Ordinance, Section 16.20.020.F.) 3.06.040 Recovery of Village Costs. A. Established: Except as set forth in subsection 3.060.040.H., every petition filed and processed pursuant to Title 17 of the Village Municipal Code that requires the Village to incur third party costs or expenses, including, without limitation, legal fees incurred by the office of the Village Attorney or any attorney or firm retained by the Village, shall be subject to the requirements set forth in this Section. The recovery of Village costs shall be in addition to any and all other filing fees and other charges established by the Village. For purposes of the Section, the word "petition" shall be deemed to include and refer to any and all petitions and applications filed or processed pursuant to Title 17. B. Responsibility for Payment: The owner of the property that is the subject of the petition and, if different, the petitioner, shall be jointly and severally liable for the payment of recoverable costs, and for the establishment of the recoverable cost escrow. By signing the petition, the owner or petitioner 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 owner or petitioner at the address set forth on the petition, including any additional recoverable costs assessed under Subsection 3.060.040.D.3. Any lien filed pursuant to this Subsection may be foreclosed in the manner provided for mortgages or mechanics liens under Illinois law. C. Recoverable Costs: The recoverable costs incurred by the Village in processing a petition shall include, but not by way of limitation, the following items: 1. Publication of notices; 2. Court Reporter, including the cost of two transcripts; 3. Professional and Technical Consultant Services; 4. Village Attorney, or other Village retained attorney or law firm, consultation, meeting attendance, document preparation, advice, and review; 5. Copy reproduction; 6. Document recordation; 7. Mailing costs; and 8. Proof of ownership title searches. D. Payment of Recoverable Costs and Recoverable Cost Escrow. 1. Initial Payment and Recoverable Cost Escrow. Every petition shall be accompanied by the required filing fee plus an advance estimate in the amount of $2,000.00 of recoverable costs, to be deposited in the recoverable cost escrow account established by the Village. No interest shall be payable on any funds retained in such escrow account. 2. Charges Against Recoverable Cost Escrow. From the date of filing any petition, the Village shall maintain an accurate record of the actual costs of processing the petition. The Village shall, from time to time, draw funds from the recoverable cost escrow account established for the petition to pay such actual costs and shall transfer the funds to the appropriate Village accounts. The Village shall maintain an accurate record of all the drawings from the escrow account. Additional Recoverable Cost Escrow Deposits. Should the Village, at any time, determine that the recoverable cost escrow account established in connection with any petition is, or is likely to become, insufficient to pay the actual costs of processing the petition, the Village shall provide notice of the insufficiency to the owner or petitioner and demand an additional deposit to be sufficient to cover current and foreseeable additional costs. If the additional deposit is not provided to the Village within 15 days of written notice and demand to the owner or petitioner, the Village may suspend or terminate the processing of the petition. 4. Final Settlement. As soon as reasonably feasible following final action on a petition, the Village shall prepare a final accounting of the recoverable cost escrow deposits made in connection with the petition and of the actual cost of processing the petition and shall make a final charge of the actual costs against the recoverable cost escrow deposits. A copy of the accounting shall be provided to the owner and the petitioner. Insufficient Amounts; Reimbursement. If the amount in the recoverable cost escrow account is insufficient to pay the total actual costs, a written demand for payment of the balance due shall be mailed to the owner and the petitioner. Any remaining funds in the recoverable cost escrow account after payment of the total actual costs due shall be returned to the owner or petitioner, as applicable. E. Condition of All Petitions, Approvals, and Permits. No petition filed pursuant to Title 17 shall be considered complete unless and until all filing fees and deposits due pursuant to this Chapter have been paid. Every approval granted and every permit issued pursuant to Title 17 shall, whether or not expressly so conditioned, be deemed to be conditioned upon payment of recoverable costs as required by this Section. F. Tolling Time Periods. Where Title 17 provides that the passage of time without decision or action shall be deemed an approval or a recommendation for approval, time periods shall be tolled during any period of non - payment of the recoverable costs and deposits due pursuant to this Section. G. Failure to Pay Recoverable Costs. The failure to pay in full when due any recoverable cost or deposit required under this Section shall be grounds for refusing to process a petition and for denying or revoking any permit, or approval sought or issued with respect to the land or development to which the unpaid recoverable cost or deposit relates. H. Exemptions. The provisions of Section 3.06.040 shall not apply to any petition filed pursuant to Section 3.06.020.A. Section 2. Subsection B. of Section 3.04.010 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: 3.04.010 Authorized B. There shall be no waiver of fees and/or charges which are required to be charged and collected pursuant to Sections 13.04.320.F.2. and F.3. Section 3. Subsection D. is added to Section 3.04.010 of the Village of Buffalo Grove Municipal Code, to read as follows: 4 C 3.04.010 Authorized D. The Corporate Authorities may at their discretion waive any or all fees due the Village. Section 4. Village Ordinance No. 83-44 entitled Zoning Fees and Village Ordinance No. 2003 -2 entitled an Ordinance Providing For Public Hearing Zoning Deposits are hereby repealed. Section 5. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 6. Any person violating any portion of this ordinance shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 7. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. This ordinance shall be applicable to all zoning petitions and applications filed with the Village on May 1, 2003 and thereafter. This ordinance shall be codified. AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling NAYES: 0 - None ABSENT: 0 - None PASSED: April 21 , 2003. APPROVED: April 21 , 2003. PUBLISHED: April 22 ATTEST: /^ Village Clerk Fee Ordinance 3/24/03.doc APPROVED: 5 2003. Village President W STATE OF ILLINOIS ) N1 COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on April 21, 2003, the Corporate Authorities of the Village passed and approved Ordinance No. 2003 -32, entitled: AN ORDINANCE ADDING CHAPTER 3.06, ZONING FEES, AND AMENDING CHAPTER 3.04, WAIVER OF FEES, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2003 -32, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing, April 22,' 2003, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, thisz2nd day of fi, 2003. IN By 0 ORDINANCE NO. 2003- 32 AN ORDINANCE ADDING CHAPTER 3.06, ZONING FEES, AND AMENDING CHAPTER 3,04, WAIVER OF FEES, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; WHEREAS, various costs are incurred by the Village in the processing of petitions and applications for zoning amendments, variations, special uses, exceptions, development ordinance matters, holding public hearings, newspaper notice(s), court reporters and attorneys fees; and WHEREAS, it is necessary that the Village recover the costs of processing said petitions and applications. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. Chapter 3.06 is hereby added to the Village of Buffalo Grove Municipal Code, read as follows: Chapter 3.06 1; 1 3.06.010 Payment of Fees. The fees as set forth in this Chapter shall be paid to the Village in conjunction with the processing of any zoning petition or application. 3.06.020 Filing Fees for Variations By The Zoning Board of Appeals. A. All One and Two Family Dwellings: 1. Variations for principal structures $125.00 2. Variations — other than principal structures $ 75.00 B. All Multiple - Family Dwellings: 1. Variations for principal structures $175.00 2. Variations — other than principal structures $125.00 C. All Business, Office/Research and Industrial Buildings: 1. Variations for principal structures $175.00 2. Variations - other than principal structures $125.00 D. To appeal a decision of the Building Commissioner $175.00 3.06.030 Filing Fees For Petitions Reviewed By The Plan Commission A. Special Uses 1. Property in R -E through R -7 Districts $100.00 2. Property in all other districts $200.00 B. Planned Unit Development (PUD) 1. Amendment $100.00 2. New development $200.00 C. Rezoning or variation (If not part of a petition for Special Use or PUD) $200.00 D. Zoning text amendment $100.00 E. Concept/Preliminary Plan Review (Pursuant to Development Ordinance, Section 16.20.020.13) 1. Sites five (5) acres or less $150.00 2. plus $25.00 per acre or fraction of an acre for sites larger than five acres F. Engineering Review (calculated for each development pursuant to Development Ordinance, Section 16.20.020.F.) 3.06.040 Recovery of Village Costs. A. Established: Except as set forth in subsection 3.060.040.H., every petition filed and processed pursuant to Title 17 of the Village Municipal Code that requires the Village to incur third party costs or expenses, including, without limitation, legal fees incurred by the office of the Village Attorney or any attorney or firm retained by the Village, shall be subject to the requirements set forth in this Section. The recovery of Village costs shall be in addition to any and all other filing fees and other charges established by the Village. For purposes of the Section, the word "petition" shall be deemed to include and refer to any and all petitions and applications filed or processed pursuant to Title 17. B. Responsibility for Payment: The owner of the property that is the subject of the petition and, if different, the petitioner, shall be jointly and severally liable for the payment of recoverable costs, and for the establishment of the recoverable cost escrow. By signing the petition, the owner or petitioner 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 owner or petitioner at the address set forth on the petition, including any additional recoverable costs assessed under Subsection 3.060.040.D.3. Any lien filed pursuant to this Subsection may be foreclosed in the manner provided for mortgages or mechanics liens under Illinois law. C. Recoverable Costs: The recoverable costs incurred by the Village in processing a petition shall include, but not by way of limitation, the following items: 1. Publication of notices; 2. Court Reporter, including the cost of two transcripts; 3. Professional and Technical Consultant Services; 4. Village Attorney, or other Village retained attorney or law firm, consultation, meeting attendance, document preparation, advice, and review; 5. Copy reproduction; 6. Document recordation; 7. Mailing costs; and 8. Proof of ownership title searches. D. Payment of Recoverable Costs and Recoverable Cost Escrow. 1. Initial Payment and Recoverable Cost Escrow. Every petition shall be accompanied by the required filing fee plus an advance estimate in the amount of $2,000.00 of recoverable costs, to be deposited in the recoverable cost escrow account established by the Village. No interest shall be payable on any funds retained in such escrow account. 2. Charges Against Recoverable Cost Escrow. From the date of filing any petition, the Village shall maintain an accurate record of the actual costs of processing the petition. The Village shall, from time to time, draw funds from the recoverable cost escrow account established for the petition to pay such actual costs and shall transfer the funds to the appropriate Village accounts. The Village shall maintain an accurate record of all the drawings from the escrow account. 3. Additional Recoverable Cost Escrow Deposits. Should the Village, at any time, determine that the recoverable cost escrow account established in connection with any petition is, or is likely to become, insufficient to pay the actual costs of processing the petition, the Village shall provide notice of the insufficiency to the owner or petitioner and demand an additional deposit to be sufficient to cover current and foreseeable additional costs. If the additional deposit is not provided to the Village within 15 days of written notice and demand to the owner or petitioner, the Village may suspend or terminate the processing of the petition. 4. Final Settlement. - As soon as reasonably feasible following final action on a petition, the Village shall prepare a final accounting of the recoverable cost escrow deposits made in connection with the petition and of the actual cost of processing the petition and shall make a final charge of the actual costs against the recoverable cost escrow deposits. A copy of the accounting shall be provided to the owner and the petitioner. 5. Insufficient AmPunts; Reimbursement. If the amount in the recoverable cost escrow account is insufficient to pay the total actual costs, a written demand for payment of the balance due shall be mailed to the owner and the petitioner. Any remaining funds in the recoverable cost escrow account after payment of the total actual costs due shall be returned to the owner or petitioner, as applicable. E. Condition of All Petitions, Approvals, and Permits. No petition filed pursuant to Title 17 shall be considered complete unless and until all filing fees and deposits due pursuant to this Chapter have been paid. Every approval granted and every permit issued pursuant to Title 17 shall, whether or not expressly so conditioned, be deemed to be conditioned upon payment of recoverable costs as required by this Section. F. Tolling Time Periods. Where Title 17 provides that the passage of time without decisidn or action shall be deemed an approval or a recommendation fo'r approval, time periods shall be tolled during any period of non - payment of the recoverable costs and deposits due pursuant to this Section. G. Failure to Pay Recoverable Costs. The failure to pay in full when due any recoverable cost or deposit required under this Section shall be grounds for refusing to process a petition and for denying or revoking any permit, or approval sought or issued with respect to the land or development to which the unpaid recoverable cost or deposit relates. H. Exemptions. The provisions of Section 3.06.040 shall not apply to any petition filed pursuant to Section 3.06.020.A. Section 2. Subsection B. of Section 3.04.010 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: 3.04.010 Authorized B. There shall be no waiver of fees and/or charges which are required to be charged and'cbllected pursuant to Sections 13.04.320.F.2. and F.3. Section 3. Subsection D. is added to Section 3.04.010 of the Village of Buffalo Grove Municipal Code, to read as follows: 4. 3.04.010 Authorized D. The Corporate Authorities may at their discretion waive any or all fees due the Village. Section 4. Village Ordinance No. 83 -44 entitled Zoning Fees and Village Ordinance No. 2003 -2 entitled an Ordinance Providing For Public Hearing Zoning Deposits are hereby repealed. Section 5. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 6. Any person violating any portion of this ordinance shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 7. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. This ordinance shall be applicable to all zoning petitions and applications filed with the Village on May 1, 2003 and thereafter. This ordinance shall be codified. AYES: 6 - Braiman Glover Berman Johnson Kahn Trilling NAPES: 0 - ABSENT: 0 - None PASSED: April 21 2003. APPROVED: April 21 , 2003. PUBLISHED: April 22 , 2003. ATTEST: / Village Clerk Fee Ordinance 3/24/03.doe W� Village President