Kenilworth City Zoning Code
SCHEDULE OF
FEES, CHARGES AND EXPENSES
§ 153.290 ESTABLISHMENT OF SCHEDULE OF FEES; PAYMENT REQUIRED.
(A) Fee established. Every application filed pursuant to this chapter shall be subject to a non-refundable application and filing fee in the amount established by ordinance or resolution adopted from time to time by the Board of Trustees. A schedule including the applicable fee shall be on file in the office of the Administrative Official. In addition, the following applications under this chapter shall be subject to recovery by the village of the actual cost, as defined in this subchapter, incurred by the village in processing the application:
(1) Applications to amend the regulations imposed by this chapter;
(2) Applications to change the official zoning map and districts established by this chapter; and
(3) Applications for special uses pursuant to § 153.245 of this chapter.
(B) Payment; liens. The owner of the property which is the subject of the application and, if different, the applicant, shall be jointly and severally liable for the payment of the fees required by this subchapter. By signing the application, the owner shall be deemed to have agreed to pay the fee and to consent to the filing and foreclosure of a lien on the subject property to ensure collection of any fee, plus the cost of collection, which has not been paid within 30 days following the mailing of a written demand for payment to the owner at the address shown on the application. Any lien filed pursuant to this section may be foreclosed in the manner provided by statute for mortgages or mechanics liens.
(Ord. 577, passed 4-14-1969; Ord. 988, passed 12-10-2007; Ord. 1018, passed 6-22-2009)
§ 153.291 RECOVERABLE COSTS.
(A) Legal publication (direct cost);
(B) Recording secretarial services (direct cost);
(C) Court reporter (direct cost);
(D) Administrative preparation and review (hourly salary times a multiplier to be established from time to time by the Village Manager at a level sufficient to recover 100% of the direct and indirect cost of the service);
(E) Document preparation and review (hourly salary times a multiplier to be established from time to time by the Village Manager at a level sufficient to recover 100% of the direct and indirect cost of the service);
(F) Professional and technical consultant services (direct cost);
(G) Legal review, consultation and advice (direct cost);
(H) Copy reproduction (direct cost); and
(I) Document recordation (direct cost).
(Ord. 988, passed 12-10-2007)
§ 153.292 FEE PAYMENT AND ESCROW.
(A) Initial payment and escrow. Every application filed pursuant to this chapter shall be accompanied by the required fee plus, where required, an additional amount for recoverable costs as provided in § 153.291, as fixed from time to time by the Administrative Official, to be deposited in an application fee escrow. No interest shall be payable on any escrow.
(B) Charges against escrow. From the date of filing of any application for which the recovery of actual costs is required pursuant to this chapter, the village shall maintain an accurate record of the actual costs, as defined in this subchapter, of processing the application. The Administrative Official shall, from time to time, draw funds from the escrow account established for the application to pay the costs and shall transfer the funds to the appropriate village accounts. The Administrative Official shall maintain an accurate record of all drawings.
(C) Additional escrow deposits. Should the Administrative Official at any time determine that the escrow account established in connection with any application for which the recovery of actual costs is required is, or is likely to become, insufficient to pay the actual costs of processing the application, the Administrative Official shall inform the applicant of that fact and demand an additional deposit in an amount deemed by him or her to be sufficient to cover foreseeable additional costs. Unless and until the additional amount is deposited by the applicant, the Administrative Official may direct that processing of the application shall be suspended or terminated.
(D) Final settlement. As soon as reasonably feasible following final action on an application for which the recovery of actual costs is required, the Administrative Official shall cause a final accounting to be made of the escrow deposits made in connection with the application and the actual cost of processing the application and shall make a final charge of the costs against the escrow deposits. A copy of the accounting shall be provided to the owner and the applicant. If the amount in the 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 applicant. If unused balance remains in the escrow account after paying the total actual costs, it shall be returned to the applicant.
(Ord. 988, passed 12-10-2007)
§ 153.293 CONDITION OF ALL APPLICATIONS, APPROVALS AND PERMITS; TIME PERIODS.
No application filed pursuant to this chapter shall be considered complete unless and until all fees and deposits due pursuant to this subchapter have been paid. Every approval granted and every permit issued pursuant to this chapter shall, whether or not expressly so conditioned, be deemed to be conditioned upon payment of fees as required by §§ 153.290 through 153.294. Where this chapter 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 nonpayment, but shall otherwise continue to run. The failure to fully pay any fee or deposit, when due, shall be grounds for refusing to process an application and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee or deposit relates.
(Ord. 988, passed 12-10-2007)
§ 153.294 SPECIFIED PUBLIC BODIES EXEMPT.
The provisions of this subchapter shall not apply to, and no fee shall be required of, any public body or agency deriving the majority of its revenues from taxes levied within the village.
(Ord. 988, passed 12-10-2007)