2004-026ORDINANCE NO. 2004- 2 6
AN ORDINANCE AMENDING CHAPTER 3.06
OF THE VH LAGE OF BUFFALO GROVE
MUNICIPAL CODE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and,
WHEREAS, the Village has enacted Ordinances No. 2003 -32 which provides for the
Village to recover its costs incurred in the processing of a petition or application filed pursuant to
Title 17, Zoning, of the Buffalo Grove Municipal Code; and,
WHEREAS, various costs are also incurred by the Village in the processing of petitions
and applications pertaining to Title 16, Development, of the Buffalo Grove Municipal Code; 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. The foregoing WHEREAS clauses are hereby incorporated herein as if fully
restated hereby.
Section 2. The title of Chapter 3.06 is hereby amended to read as follows. In addition,
Subsections A., E., and F. of Section 3.06.040 of the Village of Buffalo Grove
Municipal Code are hereby amended to read as follows:
Chapter 3.06
ZONING FEES/RECOVERY OF VILLAGE COSTS
3.06.040 Recovery of Village Costs.
A. Established: Except as set forth in subsection 3.060.040.1-1., every
petition filed and processed pursuant to Title 16 or Title 17 of the
Village Municipal Code that requires the Village to incur third parry
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 16 or Title 17.
E. Condition of All Petitions, Approvals, and Permits. No petition
filed pursuant to Title 16 or 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 16 or Title 17 shall, whether or not
AYES
expressly so conditioned, be deemed to be conditioned upon
payment of recoverable costs as required by this Section.
F. Tolling Time Periods. Where Title 16 or 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.
Section 3. 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 4. 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 S. 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 petitions, applications or matters filed
or processed pursuant to Title 16 on April 1, 2004 and thereafter.
6 - Braiman Glover, Berman, Johnson, Kahn, Trilling
NAYES: 0 - None
ABSENT: 0 - Non
PASSED: February 23
APPROVED: February 23
PUBLISHED: February 24
ATTEST:
illage Clerk
F:\Buffalo Grove \Cost Recovery Escrow \Ord. Amend. 2- 4- 04.doc
h 11A
2004.
2004.
APPROVED:
Z �r�e-__
Village President
4
STATE OF ILLINOIS )
ss.
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 February 23, 2004, the
Corporate Authorities of the Village passed and
approved Ordinance No. 2004 -26 entitled: AN
ORDINANCE AMENDING CHAPTER 3.06 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. 2004 -26
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing February 24,
2004, 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, this 24h day of
February, 2004.
Village Jerk
By
4 ;-
r a
L-
AN ORDINANCE AMENDING CHAPTER 3.06
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; and,
WHEREAS, the Village has enacted Ordinance No. 2003 -32 which provides for the
Village to recover its costs incurred in the processing of a petition or application filed pursuant to
Title 17, Zoning, of the Buffalo Grove Municipal Code; and,
WHEREAS, various costs are also incurred by the Village in the processing of petitions
and applications pertaining to Title 16, Development, of the Buffalo Grove Municipal Code; 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. The foregoing V41EREAS clauses are hereby incorporated herein as if fully
restated hereby.
Section 2. The title of Chapter 3.06 is hereby amended to read as follows. In addition,
Subsections A., E., and F. of Section 3.06.040 of the Village of Buffalo Grove
Municipal Code are hereby amended to read as follows:
Chapter 3.06
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 16 or 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 16 or Title 17.
E. Condition of All Petitions, Approvals, and Permits. No petition
filed pursuant to Title 16 or 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 16 or 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 16 or 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.
Section 3. 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 4. 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 5. 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 petitions, applications or matters filed
or processed pursuant to Title 16 on April 1, 2004 and thereafter.
AYES: 6 - Braiman Glover, Berman, Johnson, Kahn, Trilling
NAYES
0 - None
ABSENT: 0 - None
PASSED: February 23 , 2004.
APPROVED: February 23 , 2004.
PUBLISHED: February 24
ATTEST:
t `Tyt .
illage Clerk
FABuffalo Grove \Cost Recovery Escrow \Ord. Amend. 2- 4- 04.doc
2004.
APPROVED:
Village President
2
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