St Charles City Zoning Code
CHAPTER 17
99 - APPENDICES
Appendix A - APPLICATION CHECKLISTS
1.
Design Review
□
APPLICATION FEE: Application fee in accordance with Appendix B of this title.
□
PLANS:
All required plans shall be drawn on sheets no larger than 24" × 36", unless the
Director of Community Development permits a larger size when necessary to show a more
comprehensive view of the project. All required plans shall show north arrow and scale,
and shall be drawn at the same scale (except that a different scale may be used to
show details or specific features). All plans shall include the name of the project,
developer or owner of site, person or firm preparing the plan, and the date of plan
preparation and all revisions. A pdf document file or files of all plans shall be
required with each submittal. The number of paper plans required shall be as determined
by the Director of Community Development, based upon the number of copies needed for
review.
□
PLAT OF SURVEY:
A current plat of survey for the Subject Realty showing all existing improvements
on the property, prepared by a registered Illinois Professional Land Surveyor.
□
SITE/ENGINEERING PLAN:
A plan or plans showing the following information:
1.
Accurate boundary lines with dimensions
2.
Existing and proposed easements: location, width, purpose
3.
Streets on and adjacent to the tract: Name and right-of-way width, center line elevation, and culverts
4.
Location, size, shape, height, and use of existing and proposed structures
5.
Location and description of streets, sidewalks, and fences
6.
Surrounding land uses
7.
Legal and common description
8.
Date, north point, and scale
9.
Existing and proposed topography
10.
All parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the proposal indicated
11.
Location of utilities
12.
Building/use setback lines
13.
Location of any significant natural features
14.
Location of any 100-year recurrence interval floodplain and floodway boundaries
15.
Location and classification of wetland areas as delineated in the National Wetlands Inventory
16.
Existing zoning classification of property
17.
Existing and proposed land use
18.
Area of property in square feet and acres
19.
Proposed off-street parking and loading areas
20.
Number of parking spaces provided, and number required by ordinance
21.
Angle of parking spaces
22.
Parking space dimensions and aisle widths
23.
Driveway radii at the street curb line
24.
Width of driveways at sidewalk and street curb line
25.
Provision of handicapped parking spaces
26.
Dimensions of handicapped parking spaces
27.
Depressed ramps available to handicapped parking spaces
28.
Location, dimensions and elevations of freestanding signs
29.
Location and elevations of trash enclosures
30.
Provision for required screening, if applicable
31.
Provision for required public sidewalks
32.
Certification of site plan by a registered land surveyor or professional engineer
33.
Geometric plan showing all necessary geometric data required for accurate layout of the site
34.
Grading plans showing paving design, all storm sewers, and detention/retention facilities including detention/retention calculations) and erosion control measures
35.
Utility plans showing all storm sewers, sanitary sewers, watermains, and appropriate appurtenant structures
36.
Exterior lighting plans showing:
a.
Location, height, intensity and fixture type of all proposed exterior lighting
b.
Photometric information pertaining to locations of proposed lighting fixtures
37.
Typical construction details and specifications
38.
Certification of site engineering plans by a registered professional engineer
39.
Proof of application for Stormwater Management Permit
□
ARCHITECTURAL PLANS:
Architectural plans and data for all principal buildings shall be submitted in sufficient
detail to permit an understanding of the exterior appearance and architectural style
of the proposed buildings, the number, size and type of dwelling units, the proposed
uses of nonresidential and mixed use buildings, total floor area and total building
coverage of each building.
□
TREE PRESERVATION PLAN:
Tree Preservation Plan when required in accordance with Chapter 8.30 of the St. Charles Municipal Code. The information required for this plan may be
included as part of the Landscape Plan set.
□
LANDSCAPE PLAN:
Landscape Plan showing the following information:
1.
Delineation of the buildings, structures, and paved surfaces situated on the site and/or contemplated to be built thereon
2.
Delineation of all areas to be graded and limits of land disturbance, including proposed contours as shown on the Site/Engineering Plan.
3.
Accurate property boundary lines
4.
Accurate location of proposed structures and other improvements, including paved areas, berms, lights, retention and detention areas, and landscaping
5.
Site area proposed to be landscaped in square feet and as a percentage of the total site area
6.
Percent of landscaped area provided as per code requirement
7.
Dimensions of landscape islands
8.
Setbacks of proposed impervious surfaces from property lines, street rights-of-way, and private drives
9.
Location and identification of all planting beds and plant materials
10.
Planting list including species of all plants, installation size (caliper, height, or spread as appropriate) and quantity of plants by species
11.
Location of proposed landscaping irrigation systems
12.
Landscaping of ground signs and screening of dumpsters and other equipment
□
INCLUSIONARY HOUSING SUMMARY:
For residential developments, submit information describing how the development will
comply with the requirements of Title 19 "Inclusionary Housing" of the St. Charles Municipal Code.
2.
General Amendment
□
APPLICATION: Completed application form
□
APPLICATION FEE: Application fee in accordance with Appendix B of this title.
□
REIMBURSEMENT OF FEES AGREEMENT:
An original, executed Reimbursement of Fees Agreement and deposit of funds in escrow
with the City, as provided by Exhibit B of the Zoning Ordinance.
□
WORDING OF THE REQUESTED TEXT AMENDMENT
3.
Zoning Map Amendment
□
APPLICATION: Completed application form signed by the applicant
□
APPLICATION FEE: Application fee in accordance with Appendix B of this title.
□
REIMBURSEMENT OF FEES AGREEMENT:
An original, executed Reimbursement of Fees Agreement and deposit of funds in escrow
with the City, as provided by Exhibit B of the Zoning Ordinance.
□
PROOF OF OWNERSHIP and DISCLOSURE:
a)
a current title policy report; or
b)
a deed and a current title search.
If the owner is not the applicant, an original letter of authorization from the owner permitting the applicant to act on his/her behalf is required. If the owner or applicant is a Trust, a disclosure of all beneficiaries; if the owner or applicant is a Partnership, a disclosure of all partners; if the owner or applicant is a Corporation, a disclosure of all owners with an interest of at least ten percent (10%).
□
LEGAL DESCRIPTION: For entire subject property, on 8½ × 11 inch paper
□
PLAT OF SURVEY:
A current plat of survey for the Subject Realty showing all existing improvements
on the property, prepared by a registered Illinois Professional Land Surveyor.
□
SITE PLAN:
Simple site plan drawn to scale to demonstrate that the property can meet the requirements
of the proposed zoning district (parking requirements, setbacks, landscaping, etc.)
□
SOIL AND WATER CONSERVATION DISTRICT APPLICATION:
Copy of completed Land Use Opinion application as required by state law, as submitted
to The Kane-DuPage Soil and Water Conservation District.
□
ENDANGERED SPECIES REPORT:
Endangered Species Consultation Agency Action to be filed with the Illinois Department
of Natural Resources.
4.
Special Use and Special Use Amendment
□
APPLICATION: Completed application form signed by the applicant
□
APPLICATION FEE: Application fee in accordance with Appendix B of this title.
□
REIMBURSEMENT OF FEES AGREEMENT:
An original, executed Reimbursement of Fees Agreement and deposit of funds in escrow
with the City, as provided by Exhibit B of the Zoning Ordinance.
□
PROOF OF OWNERSHIP and DISCLOSURE:
a)
a current title policy report; or
b)
a deed and a current title search.
If the owner is not the applicant, an original letter of authorization from the owner permitting the applicant to act on his/her behalf is required. If the owner or applicant is a Trust, a disclosure of all beneficiaries; if the owner or applicant is a Partnership, a disclosure of all partners; if the owner or applicant is a Corporation, a disclosure of all owners with an interest of at least ten percent (10%).
□
LEGAL DESCRIPTION: For entire subject property, on 8½ × 11 inch paper
□
PLAT OF SURVEY:
A current plat of survey for the Subject Realty showing all existing improvements
on the property, prepared by a registered Illinois Professional Land Surveyor.
□
SOIL AND WATER CONSERVATION DISTRICT APPLICATION:
Copy of completed Land Use Opinion application as required by state law, as submitted
to The Kane-DuPage Soil and Water Conservation District.
□
ENDANGERED SPECIES REPORT:
Endangered Species Consultation Agency Action to be filed with the Illinois Department
of Natural Resources.
□
TRAFFIC STUDY: If requested by the Director of Community Development.
□
PLANS:
All required plans shall be drawn on sheets no larger than 24" × 36," unless the
Director of Community Development permits a larger size when necessary to show a more
comprehensive view of the project. All required plans shall show north arrow and scale,
and shall be drawn at the same scale (except that a different scale may be used to
show details or specific features). All plans shall include the name of the project,
developer or owner of site, person or firm preparing the plan, and the date of plan
preparation and all revisions. A pdf document file or files of all plans shall be
required with each submittal. The number of paper plans required shall be as determined
by the Director of Community Development, based upon the number of copies needed for
review.
□
SITE PLAN:
A plan or plans showing the following information:
1.
Accurate boundary lines with dimensions
2.
Streets on and adjacent to the tract: Name and right-of-way width
3.
Location, size, shape, height, and use of existing and proposed structures
4.
Location and description of streets, sidewalks, and fences
5.
Surrounding land uses
6.
Date, north point, and scale
7.
Ground elevation contour lines
8.
Building/use setback lines
9.
Location of any significant natural features
10.
Location of any 100-year recurrence interval floodplain and floodway boundaries
11.
Location and classification of wetland areas as delineated in the National Wetlands Inventory
12.
Existing zoning classification of property
13.
Existing and proposed land use
14.
Area of property in square feet and acres
15.
Proposed off-street parking and loading areas
16.
Number of parking spaces provided, and number required by ordinance
17.
Angle of parking spaces
18.
Parking space dimensions and aisle widths
19.
Driveway radii at the street curb line
20.
Width of driveways at sidewalk and street curb line
21.
Provision of handicapped parking spaces
22.
Dimensions of handicapped parking spaces
23.
Depressed ramps available to handicapped parking spaces
24.
Location, dimensions and elevations of freestanding signs
25.
Location and elevations of trash enclosures
26.
Provision for required screening, if applicable
27.
Exterior lighting plans showing:
a.
Location, height, intensity and fixture type of all proposed exterior lighting
b.
Photometric information pertaining to locations of proposed lighting fixtures
Note: For a special use for a PUD, submit PUD Preliminary Plan in lieu of the site plan
5.
Concept Plan
□
APPLICATION: Completed application form signed by the applicant
□
PROOF OF OWNERSHIP and DISCLOSURE:
a)
a current title policy report; or
b)
a deed and a current title search.
If the owner is not the applicant, an original letter of authorization from the owner permitting the applicant to act on his/her behalf is required. If the owner or applicant is a Trust, a disclosure of all beneficiaries; if the owner or applicant is a Partnership, a disclosure of all partners; if the owner or applicant is a Corporation, a disclosure of all owners with an interest of at least ten percent (10%).
□
LEGAL DESCRIPTION: For entire subject property, on 8½ × 11 inch paper
□
PLAT OF SURVEY:
A current plat of survey for the Subject Realty showing all existing improvements
on the property, prepared by a registered Illinois Professional Land Surveyor.
□
AERIAL PHOTOGRAPH:
Aerial photograph of the site and surrounding property at a scale of not less than
1"=400', preferably at the same scale as the concept plan.
□
PLANS:
All required plans shall be drawn on sheets no larger than 24" × 36", unless the
Director of Community Development permits a larger size when necessary to show a more
comprehensive view of the project. All required plans shall show north arrow and scale,
and shall be drawn at the same scale (except that a different scale may be used to
show details or specific features). All plans shall include the name of the project,
developer or owner of site, person or firm preparing the plan, and the date of plan
preparation and all revisions. A pdf document file or files of all plans shall be
required with each submittal. The number of paper plans required shall be as determined
by the Director of Community Development, based upon the number of copies needed for
review.
Concept Plans shall show:
1.
Existing Features:
•
Name of project, north arrow, scale, date
•
Boundaries of property with approximate dimensions and acreage
•
Existing streets on and adjacent to the tract
•
Natural features including topography, high and low points, wooded areas, wetlands, other vegetative cover, streams, and drainage ways.
•
General utility locations or brief explanation providing information on existing sanitary sewer, storm sewer, water, and other utilities necessary to service the development.
2.
Proposed Features:
•
Name of project, north arrow, scale, date
•
Boundaries of property with approximate dimensions and acreage
•
Site plan showing proposed buildings, pedestrian and vehicular circulation, proposed overall land use pattern, open space, parking, and other major features.
•
Architectural elevations showing building design, color and materials (if available)
•
General utility locations or brief explanation providing information on existing sanitary sewer, storm sewer, water, and other utilities necessary to service the development
□
SUMMARY OF DEVELOPMENT:
Written information including:
•
List of the proposed types and quantities of land use, number and types of residential units, building coverage, floor area for nonresidential uses and height of proposed buildings, in feet and number of stories.
•
Statement of the planning objectives to be achieved and public purposes to be served by the development, including the rationale behind the assumptions and choices of the applicant
•
List of anticipated exceptions or departures from zoning and subdivision requirements, if any
□
INCLUSIONARY HOUSING SUMMARY:
For residential developments, submit information describing how the development will
comply with the requirements of Title 19 "Inclusionary Housing" of the St. Charles Municipal Code.
6.
PUD Preliminary Plan
□
APPLICATION: Completed application form signed by the applicant
□
APPLICATION FEE: Application fee in accordance with Appendix B of this title.
□
REIMBURSEMENT OF FEES AGREEMENT:
An original, executed Reimbursement of Fees Agreement and deposit of funds in escrow
with the City, as provided by Exhibit B of the Zoning Ordinance.
□
PROOF OF OWNERSHIP and DISCLOSURE:
a)
a current title policy report; or
b)
a deed and a current title search.
If the owner is not the applicant, an original letter of authorization from the owner permitting the applicant to act on his/her behalf is required. If the owner or applicant is a Trust, a disclosure of all beneficiaries; if the owner or applicant is a Partnership, a disclosure of all partners; if the owner or applicant is a Corporation, a disclosure of all owners with an interest of at least ten percent (10%).
□
LEGAL DESCRIPTION: For entire subject property, on 8½ × 11 inch paper
□
PLAT OF SURVEY:
A current plat of survey for the Subject Realty showing all existing improvements
on the property, prepared by a registered Illinois Professional Land Surveyor.
□
SOIL AND WATER CONSERVATION DISTRICT APPLICATION:
Copy of completed Land Use Opinion application as required by state law, as submitted
to The Kane-DuPage Soil and Water Conservation District.
□
ENDANGERED SPECIES REPORT:
Endangered Species Consultation Agency Action to be filed with the Illinois Department
of Natural Resources.
□
PLANS:
All required plans shall be drawn on sheets no larger than 24" × 36", unless the
Director of Community Development permits a larger size when necessary to show a more
comprehensive view of the project. All required plans shall show north arrow and scale,
and shall be drawn at the same scale (except that a different scale may be used to
show details or specific features). All plans shall include the name of the project,
developer or owner of site, person or firm preparing the plan, and the date of plan
preparation and all revisions. A pdf document file or files of all plans shall be
required with each submittal. The number of paper plans required shall be as determined
by the Director of Community Development, based upon the number of copies needed for
review.
□
SITE/ENGINEERING PLAN:
A plan or plans showing the following information:
1.
Accurate boundary lines with dimensions
2.
Existing and proposed easements: location, width, purpose
3.
Streets on and adjacent to the tract: Name and right-of-way width, center line elevation, and culverts
4.
Location, size, shape, height, and use of existing and proposed structures
5.
Location and description of streets, sidewalks, and fences
6.
Surrounding land uses
7.
Legal and common description
8.
Date, north point, and scale
9.
Existing and proposed topography
10.
All parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the proposal indicated
11.
Location of utilities
12.
Building/use setback lines
13.
Location of any significant natural features
14.
Location of any 100-year recurrence interval floodplain and floodway boundaries
15.
Location and classification of wetland areas as delineated in the National Wetlands Inventory
16.
Existing zoning classification of property
17.
Existing and proposed land use
18.
Area of property in square feet and acres
19.
Proposed off-street parking and loading areas
20.
Number of parking spaces provided, and number required by ordinance
21.
Angle of parking spaces
22.
Parking space dimensions and aisle widths
23.
Driveway radii at the street curb line
24.
Width of driveways at sidewalk and street curb line
25.
Provision of handicapped parking spaces
26.
Dimensions of handicapped parking spaces
27.
Depressed ramps available to handicapped parking spaces
28.
Location, dimensions and elevations of freestanding signs
29.
Location and elevations of trash enclosures
30.
Provision for required screening, if applicable
31.
Provision for required public sidewalks
32.
Certification of site plan by a registered land surveyor or professional engineer
33.
Geometric plan showing all necessary geometric data required for accurate layout of the site
34.
Grading plans showing paving design, all storm sewers, and detention/retention facilities including detention/retention calculations) and erosion control measures
35.
Utility plans showing all storm sewers, sanitary sewers, watermains, and appropriate appurtenant structures
36.
Exterior lighting plans showing:
■
Location, height, intensity and fixture type of all proposed exterior lighting
■
Photometric information pertaining to locations of proposed lighting fixtures
37.
Typical construction details and specifications
38.
Certification of site engineering plans by a registered professional engineer
39.
Proof of application for Stormwater Management Permit
□
SKETCH PLAN FOR LATER PHASES OF PUD:
For phased PUD's, where a sketch plan is permitted, it shall include, at minimum,
the following:
•
General location of arterial and collector streets
•
Location of any required landscape buffers
•
Location of proposed access to the site from public streets
•
Maximum number of square feet of floor area for nonresidential development
•
Maximum number of dwelling units for residential development
•
Open space and storm water management land
□
ARCHITECTURAL PLANS:
Architectural plans and data for all principal buildings shall be submitted in sufficient
detail to permit an understanding of the exterior appearance and architectural style
of the proposed buildings, the number, size and type of dwelling units, the proposed
uses of nonresidential and mixed use buildings, total floor area and total building
coverage of each building.
□
TREE PRESERVATION PLAN:
Tree Preservation Plan when required in accordance with Chapter 8.30 of the St. Charles Municipal Code. The information required for this plan may be
included as part of the Landscape Plan set.
□
LANDSCAPE PLAN:
Landscape Plan showing the following information:
1.
Delineation of the buildings, structures, and paved surfaces situated on the site and/or contemplated to be built thereon
2.
Delineation of all areas to be graded and limits of land disturbance, including proposed contours as shown on the Site/Engineering Plan.
3.
Accurate property boundary lines
4.
Accurate location of proposed structures and other improvements, including paved areas, berms, lights, retention and detention areas, and landscaping
5.
Site area proposed to be landscaped in square feet and as a percentage of the total site area
6.
Percent of landscaped area provided as per code requirement
7.
Dimensions of landscape islands
8.
Setbacks of proposed impervious surfaces from property lines, street rights-of-way, and private drives
9.
Location and identification of all planting beds and plant materials
10.
Planting list including species of all plants, installation size (caliper, height, or spread as appropriate) and quantity of plants by species
11.
Landscaping of ground signs and screening of dumpsters and other equipment
□
PUBLIC BENEFITS, DEPARTURES FROM CODE:
A description of how the PUD meets the purposes and requirements set out in Section
17.04.400 of the Zoning Ordinance. Any requests for departures from the requirements of Title 16, "Subdivisions and Land Improvement," and Title 17, "Zoning," shall be listed and reasons for requesting each departure shall be given.
□
SCHEDULE: Construction schedule indicating:
___a.
Phases in which the project will be built with emphasis on area, density, use and public facilities, such as open space, to be developed with each phase. Overall design of each phase shall be shown on the plat and through supporting material.
___b.
Approximate dates for beginning and completion of each phase.
___c.
If different land use types are to be included within the PUD, the schedule must include the mix of uses to be built in each phase.
□
INCLUSIONARY HOUSING SUMMARY:
For residential developments, submit information describing how the development will
comply with the requirements of Title 19 "Inclusionary Housing" of the St. Charles Municipal Code.
7.
PUD Final Plan
□
APPLICATION: Completed application form signed by the applicant
□
APPLICATION FEE: Application fee in accordance with Appendix B of this title.
□
REIMBURSEMENT OF FEES AGREEMENT:
An original, executed Reimbursement of Fees Agreement and deposit of funds in escrow
with the City, as provided by Exhibit B of the Zoning Ordinance.
□
PLANS:
All required plans shall be drawn on sheets no larger than 24" × 36", unless the
Director of Community Development permits a larger size when necessary to show a more
comprehensive view of the project. All required plans shall show north arrow and scale,
and shall be drawn at the same scale (except that a different scale may be used to
show details or specific features). All plans shall include the name of the project,
developer or owner of site, person or firm preparing the plan, and the date of plan
preparation and all revisions. A pdf document file or files of all plans shall be
required with each submittal. The number of paper plans required shall be as determined
by the Director of Community Development, based upon the number of copies needed for
review.
□
FINAL ENGINEERING PLANS:
Final engineering plans shall be submitted showing all improvements shown on the
PUD Preliminary Plan and all information as required by Title 16 of the St. Charles Municipal Code applicable to final engineering.
□
FINAL ARCHITECTURAL PLANS:
Architectural plans and data for all principal buildings shall be submitted in sufficient
detail to permit an understanding of the exterior appearance and architectural style
of the proposed buildings, the number, size and type of dwelling units, the proposed
uses of nonresidential and mixed use buildings, total floor area and total building
coverage of each building. If no changes are proposed from architectural plans approved
at the PUD Preliminary Plan stage, no submittal is required.
□
FINAL TREE PRESERVATION PLAN:
A final Tree Preservation Plan when required in accordance with Chapter 8.30 of the St. Charles Municipal Code. The information required for this plan may be
included as part of the Final Landscape Plan set. If there are no changes to the Tree
Preservation Plan approved at the PUD Preliminary Plan stage, no submittal is required.
□
FINAL LANDSCAPE PLAN:
If there are no changes to the Landscape Plan approved at the PUD Preliminary Plan
stage, this submittal is not required. Frequently, however, plan changes due to final
engineering adjustments will require submittal of a Final Landscape Plan. A Final
Landscape Plan shall show the following:
1.
Delineation of the buildings, structures, and paved surfaces situated on the site and/or contemplated to be built thereon
2.
Delineation of all areas to be graded and limits of land disturbance, including proposed contours as shown on the Site/Engineering Plan.
3.
Accurate property boundary lines
4.
Accurate location of proposed structures and other improvements, including paved areas, berms, lights, retention and detention areas, and landscaping
5.
Site area proposed to be landscaped in square feet and as a percentage of the total site area
6.
Percent of landscaped area provided as per code requirement
7.
Dimensions of landscape islands
8.
Setbacks of proposed impervious surfaces from property lines, street rights-of-way, and private drives
9.
Location and identification of all planting beds and plant materials
10.
Planting list including species of all plants, installation size (caliper, height, or spread as appropriate) and quantity of plants by species
11.
Location of proposed landscaping irrigation systems
12.
Landscaping of ground signs and screening of dumpsters and other equipment
□
COST ESTIMATES:
An Engineer's cost estimate shall be provided in accordance with Title 16 of the St. Charles Municipal Code. In addition, a written cost estimate for all landscaping
to be installed on private property shall be submitted that corresponds with the Landscape
Plan.
□
SCHEDULE:
Construction schedule indicating:
___a.
Phases in which the project will be built with emphasis on area, density, use and public facilities, such as open space, to be developed with each phase. Overall design of each phase shall be shown on the plat and through supporting material.
___b.
Approximate dates for beginning and completion of each phase.
___c.
If different land use types are to be included within the PUD, the schedule must include the mix of uses to be built in each phase.
□
COVENANTS:
Proposed agreements, provisions, or covenants which will govern the use, maintenance,
and continued protection of the planned development of any of its common open space.
□
INCLUSIONARY HOUSING SUMMARY:
For residential developments, submit information describing how the development will
comply with the requirements of Title 19 "Inclusionary Housing" of the St. Charles Municipal Code.
Appendix B - SCHEDULE OF APPLICATION FEES
Reimbursements
The reimbursement of fees agreement shall be in the following form:
City of St. Charles
Reimbursement of Fees Agreement
City of St. Charles Acct. #
I.
Owner:
Name: ____________
Owner's Address: ____________
Owner's Phone Number: ____________
Email Address: ____________
If Owner is a Land Trust, the names and addresses of the beneficiaries of the Trust:
II.
Applicant:
Applicant: ____________
Name: ____________
Owner's Address: ____________
Owner's Phone Number: ____________
Email Address: ____________
III.
Location of Property:
General Location of Property or Address: ____________
Property Acreage: ____________
Permanent Index Number(s): ____________
Legal Description (attach as Exhibit A)
IV.
Reimbursement of Fees:
If the City determines, in its sole and exclusive discretion, that it is necessary to obtain professional services, including, but not limited to, attorneys; engineers; planners; architects; surveyors; court reporters; traffic, drainage or other consultants, and/or to incur costs related to any required notices or recordations, in connection with any Application filed by the Applicant, then the Applicant and Owner shall be jointly and severally liable for the payment of such professional fees and costs, as shall actually be incurred by the City.
The City Administrator is hereby authorized to assign the above described services to the City staff or to consultants, as they deem appropriate. When the City staff renders any services contemplated by this agreement, then in such case the City shall be reimbursed for its cost per productive work hour for each staff person providing said services.
At the time the Applicant requests action from the City, Applicant shall be owing amounts with the City as an initial deposit to collateralize the obligation for payment of such fees and expenses:
As the review proceeds, the City shall deduct incurred expenditures and costs from the funds deposited. If the remaining deposit balance falls below five hundred dollars ($500.00), the applicant, upon notice by the City, shall be required to replenish the deposit to its original amount. The Applicant shall replenish the deposit amount within fifteen (15) days of receipt of an invoice directing the replenishment of said deposit. Failure to remit payment within fifteen (15) days will cause all reviews to cease.
An applicant who withdraws their application may apply in writing to the Director of Community Development for a refund of the initial deposit. The City Administrator may, in their sole discretion, approve such refund less any actual fees and costs, which the City has already paid or incurred relative to the Application.
Upon the failure to the Applicant or Owner to reimburse the City in accordance with this Agreement, no further action shall be undertaken on any application by the Mayor and City Council, or by any other official or quasi-deliberations, the granting of any relief or approvals, and the execution or recording of any documents, until all such outstanding fees are paid in full and/or the initial deposit is restored to its full amount.
Further, the City may deny any application for a storm water, building or other permit if such amounts have not been paid in full.
Upon any failure to reimburse the City in accordance with this section, the City may in its discretion, apply any or all of the initial deposit to the outstanding balance due and/or elect to place a lien against any real property associated with the Applicant's Application. In the event such amounts are not paid in full within sixty (60) days after the date when the statement of such amounts due is delivered or deposited in the U.S. mail by the City, such amounts due shall be deemed delinquent and finance charges in accordance the City's policy for accounts receivable shall be added to the amount due until such amount due, including all delinquency charges, is received by the City. Said lien shall be in an amount equal to the outstanding amount owed to the City.
The remedies available to the City as set forth hereinabove are non-exclusive and nothing herein shall be deemed to limit or waive the City's right to seek relief of such fees against any or all are responsible parties in a court of competent jurisdiction.
Any remaining balance of funds deposited pursuant to this Agreement shall be refunded upon the later occurring of the following events: completion of City deliberation on the application, recordation of all necessary documents associated with the application, or issuance of a building permit upon the real property in question.
BY SIGNING BELOW, THE APPLICANT AND OWNER ACKNOWLEDGE THAT EACH OF THEM HAS READ THE FOREGOING PARAGRAPHS AND EACH OF THEM FULLY UNDERSTANDS AND AGREES TO COMPLY WITH THE TERMS SET FORTH HEREIN. FURTHER, BY SIGNING BELOW, EACH SIGNATORY WARRANTS THAT HE/SHE/IT POSSESSES FULL AUTHORITY TO SO SIGN.
THE APPLICANT AND OWNER AGREE THAT APPLICANT AND OWNER SHALL BE JOINTLY AND SEVERALLY LIABLE FOR PAYMENT OF FEES REFERRED TO IN APPLICABLE SECTIONS OF THE ORDINANCES OF THE CITY OF ST. CHARLES, AND AS SET FORTH HEREIN.
City of St. Charles
__________________
By: __________________
Applicant
City Administrator
__________________
__________________
Owner
Attest
Date: _______________ Date: _______________
(Ord. 2008-Z-32 § 24; Ord. No. 2024-Z-18, § 11, 8-19-2024)
Appendix C - PLANT PALETTE