2004-082ORDINANCE NO. 2004- 82
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, the Village has enacted Ordinance No. 2004 -26 which provides for the
Village to recover its costs incurred in the processing of petitions and applications pertaining to
Title 16, Development, 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 14, Sign Code, 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.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.
Further, upon the recommendation of the Village's Building
Commissioner, third party costs or expenses incurred by the Village
pursuant to Title 14 of the Village Municipal Code shall be subject
to the requirements set forth in this Section.
0 0
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 14, Title 16 or Title 17.
E. Condition of All Petitions, Approvals, and Permits. No petition
filed pursuant to Title 14, 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 14, 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 14, 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 14 on September 1, 2004 and thereafter.
AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trill
NAYES: 0 — None
ABSENT: 0 — None
PASSED: August 30 , 2004.
APPROVED: August 30 , 2004.
PUBLISHED: August 31 , 2004.
ATTEST:
illage Clerk
APPROVED:
Village President
2
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 August 30, 2004 the
Corporate Authorities of the Village passed and
approved Ordinance No. 2004 -82 entitled: AN
ORDINANCE AMENDING CHAPTER 3.06, ZONING
FEES /RECOVERY OF VILLAGE COSTS, OF THE
VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
provided by its terms that it should be published in
pamphlet form.
The pamphlet form of Ordinance No. 2004 -82,
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing August 31,
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 31st day of
August, 2004.
Villa Clerk
By
STATE OF ILLINOIS )
6x-9
$ •
ORDINANCE NO. 2004- 82
OF 1 OF i GROVE
MUNICIPAL i !
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, the Village has enacted Ordinance No. 2004 -26 which provides for the
Village to recover its costs incurred in the processing of petitions and applications pertaining to
Title 16, Development, 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 14, Sign Code, 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.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.
Further, upon the recommendation of the Village's Building
Commissioner, third party costs or expenses incurred by the Village
pursuant to Title 14 of the Village Municipal Code 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 14, Title 16 or Title 17.
E. Condition of All Petitions, Approvals, and Permits. No petition
filed pursuant to Title 14, 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 14, 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 14, 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 14 on September 1, 2004 and thereafter.
AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilli
NAYES: 0 - None
ABSENT: 0 - None
PASSED: August 30 , 2004.
APPROVED: August
30
, 2004.
PUBLISHED:
August
31
, 2004.
C
illage Clerk
APPROVED:
Village President
2