§ 265-30. Fees and deposits.

A. 

Every appeal from an administrative determination or application for a variance special use permit or a special exception, to be heard by the Board of Zoning Appeals, shall be on such forms as approved by the Board and shall be accompanied by a nonrefundable fee, which the applicant shall pay to the Village Clerk or Village Clerk-Treasurer. This fee shall be set by resolution of a majority vote of the members of the Board of Trustees present at a Board meeting and shall be in addition to any other fees to effectuate such variance, special use permit or special exception.

B. 

Each appellant or applicant shall be liable for and shall pay to the Village Clerk or Village Clerk-Treasurer actual costs which may be incurred by the Village in processing the appeal or application and hearings for the following:

(1) 

Advertising.

(2) 

Stenographic minutes of hearings and meetings.

(3) 

Engineering costs.

(4) 

Inspection costs.

(5) 

Legal fees for the Village Attorney or for Special Counsel to the Village.

(6) 

Consultants and/or experts.

(7) 

Recording fees.

(8) 

Planning, traffic, environmental or other specialized studies.

C. 

Deposits.

(1) 

Except in appeals or applications affecting properties located in R-1 and R-2 Districts, wherein residential use thereof is in effect and unchanged by the appeal or application, the applicant shall deposit sum of $1,000 with the Village Clerk or Village Clerk-Treasurer at the time of submission of an appeal or application to the Board of Zoning Appeals or upon the submission of an application for a special exception or use permit to the Building Superintendent. Such sum shall be applied to the actual costs set forth in Subsection B herein for which the applicant is liable and, in the event that said sum shall be insufficient or become fully expended, the applicant shall deposit such additional sums from time to time as may be demanded by the Village, which sums shall be paid within five days.

(2) 

The Village shall so notify the applicant of such demand and shall provide to the applicant an itemized statement of the costs incurred and known costs to be incurred, at the address or location for the applicant contained in the application.

(3) 

The failure to pay any such additional sums shall be grounds, among any other remedies that the Village may have, for suspending or taking no action on any such appeal, application, hearing or decision, until such payment is received and collected.

(4) 

Notwithstanding any of the foregoing, the failure to pay such additional sums, from time to time as may be demanded by Village, within 20 days of the date of the demand shall be grounds for dismissal of such appeal or application.

(5) 

The amount by which the total deposits and payments exceeds the costs for which applicant is liable shall be refunded to the applicant by the Village.

Amended 3-7-1983 by L.L. No. 4-1983; 4-1-2002 by L.L. No. 2-2002; 7-1-2002 by L.L. No. 7-2002