G-1161 - 03/10/2020 - VILLAGE CODE - Ordinances ITEM 8.6.1
VILLAGE of BOARD OF TRUSTEES MEETING
OAK BRSAUEL E. DEAN BAD RM
, K .mof
BUTLER GOVERNMEONTC NOTOER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
of
March 10, 2020
SUBJECT: Amend Title 1, Chapter 14 of Village Code to add Section 3 -Recovery of
Professional Fees
FROM: Tony Budzikowski, AICP, Development Services Director 77
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Ordinance G-1161,which amends
Chapter 14 of the Village Code to include a new Section 3 concerning the Recovery of
Professional Fees.
Background/History:
Staff has prepared an amendment to Title 1,Chapter 14 of the Village Code to better define
the Village's recovery of professional fees policy and attempt to consolidate these
provisions into one section of the Village Code. There are currently a variety of sections
throughout the village code that identify the village's recovery of professional fees policy
but these sections are not all-inclusive and in some cases have been questioned by
applicants because of the ambiguity in the code language.
I have provided two (2) different sections of the village code as examples of existing
ordinance language and these are attached for review. The recovery of professional fees
section of each has been highlighted for reference purposes. One of these sections is Title
1,Chapter 14 Fees and the other is Title 13,Chapter 15 Planned Development regulations.
This proposed amendment is intended to better clarify the policy and be more
comprehensive in giving the village the ability to recover professional fees related to other
professional services such as storm water certifications,building permit reviews and traffic
studies as identified in Section 1-14-3.A of the proposed ordinance.
Recommendation:
Approve Ordinance G-1161
REG BOT 030320 Agenda Item 8.A.I -Recovery Professional Fees.Ordinance.docx
Page 1
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Title 1, Chapter 14
Chapter 14
FEES
1-14-1 : FEES ESTABLISHED:
The following fees are hereby established and shall be payable upon submission of an application,
except as otherwise specifically noted herein, for the following:
A. Application for amendment under the $750.00
zoning ordinance
In addition to the above fees, all applicants shall reimburse the village for the publication cost of
the public notice within thirty (30) days of the date the village seeks reimbursement for such
charges.
B. Application for special use permit:
Zoning ordinance $750.00
In addition to the above fees, all applicants shall reimburse the village for the publication cost of
the public notice and shall reimburse the village for any outside consulting review charges within
thirty (30) days of the date the village seeks reimbursement for such charges.
C. Application for variation under the zoning $750.00
ordinance or the storm water regulations
In addition to the above fees, all applicants shall reimburse the village for the publication cost of
the public notice and shall reimburse the village for any outside consulting review charges within
thirty (30) days of the date the village seeks reimbursement for such charges.
D. Application for appeal under the zoning $300.00
ordinance or the storm water regulations
In addition to the above fees, all applicants shall reimburse the village for any outside consulting
review charges within thirty (30) days of the date the village seeks reimbursement for such
charges.
E. Application for subdivision:
1. Preliminary plat, per lot $ 50.00
Minimum fee 750.00
2. Final plat 750.00
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3. Plans and specifications: The following fees for the review of engineering plans and
specifications shall be paid to the village at the time the documents are submitted for review:
Estimated Cost Of Basic Minimum Fee
Construction Of (As A Percentage
Land Improvements Of Estimated Cost)
—FFLess than $10,000.00 $275.00
$10,001.00 to $20,000.00 FF 3.00%
$20,001.00 to $50,000.00 2.500
$50,001.00 to $100,000.00 F 2.25%
$100,001.00 and over F 2.00%
In addition to the above fees, all applicants shall reimburse the village for any outside
consulting review charges within thirty (30) days of the date the village seeks
reimbursement for such charges.
4. Engineering inspection: At the time the subdivision plat is presented for final approval, a fee
for inspection of the improvement shall be paid to the village in the amount indicated by the
following table:
Estimated Cost Of Fee
Construction Of 1 (As A Percentage
Land Improvements Of Estimated Cost)
Less than $10,000.00 F1 $250.00
� $10,001.00to $20,000.00 2.25%
[$20,001.00 to $50,000.00 FF 2.00%
$50,001.00 and over ��— 1.50%
The above fees shall be for the periodic inspection of the improvements. In addition to the
above fees, all applicants shall reimburse the village for any outside consulting inspection
charges within thirty (30) days of the date the village seeks reimbursement for such
charges.
5. Resubmissions: Upon resubmission of any final plat which has not been recorded because of
noncompliance with the provisions of section 14-4-8 of this code, the fees enumerated under
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subsections E2, E3 and E4 of this section shall be paid, notwithstanding any prior payment.
F. Application for amendment or variation to the subdivision regulations $750.00
In addition to the above fees, all applicants shall reimburse the village for the
publication cost of the public notice within thirty (30) days of the date the village seeks
reimbursement for such charges.
G. Application for certificate of appropriateness in the historic Graue Mill $ 500.00
Gateway area.
H. Application for time extension: preliminary and final subdivision plat, 125.00
special use, and variation.
I. Application for planned developments under the zoning ordinance:
r
New planned development or major change to an existing planned 1,500.00
development base fee: F -
Plus for each waiver or variation to this code F 500.00
Plus all applicable third party costs and recoverable expenses. P
2. Minor change to an approved planned development 750.00
FF
----------------------------------- —
�� Plus for each waiver or variation to this code 500.00
Plus all applicable third party costs and recoverable expenses.
3. Initial escrow deposit:
i
From which anticipated third party costs and recoverable expenses 500.00
are to be drawn. No interest shall be payable on any such escrow
account.
(Ord. G-706, 11-26-2002; Ord. G-925, 5-25-2010)
1-14-2: WAIVER OF FEES:
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Title 13, Chapter 15
necessary to address those impacts.
13. A professional economic analysis acceptable to the village, including the following:
a. The financial capability of the applicant to complete the proposed planned development;
b. Evidence of the project's economic viability; and
c. A comprehensive analysis summarizing the economic impact the proposed planned
development will have upon the village.
14. Copies of all environmental impact studies as required by law.
15. An analysis setting forth the anticipated demand on all village services resulting from the
proposed planned development.
16. A plan showing off site utility improvements required to serve the planned development, and
a report showing the cost allocations and funding sources for those improvements.
17. A site drainage and stormwater detention and maintenance plan for the proposed planned
development.
18. A photometric/lighting plan for the proposed planned development.
19. A written summary of residents' comments pertaining to the proposed application from any
public meeting or hearing held pursuant to subsection 13-15-5B or C of this chapter.
20. Plans necessary to describe, establish, and maintain appropriate property and building
security and site control measures for the planned development and the property on which
the planned development is located. These plans shall also include measures to prevent
adverse impacts on neighboring properties.
C. Fees:
1. General Fees: Each application for a planned development shall be accompanied by a fee in
the amount established by the corporate authorities from time to time payable to the order of
the village to defray the costs and expenses of the planned development procedures, and any
other filing or other charges established pursuant to this subsection.
2. Additional Cost Recovery: Every application filed for a planned development pursuant to this
chapter 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 cost recovery fee and lien provisions set forth in
this subsection. The cost recovery fee shall be in addition to the general fees.
3. Responsibility For Payment: The owner of the property that is the subject of the application
and, if different, the applicant, shall be jointly and severally liable for the payment of the
general fees, the cost recovery fee, and for the cost recovery lien. By signing and authorizing
the application, the owner or applicant shall be deemed to have agreed to pay, and to have
consented to, the general fees and cost recovery fee, plus any costs of collection, that have
not been paid within thirty (30) days following the mailing of a written demand for payment to
the owner or applicant at the address set forth on the application, including any additional
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cost recovery fees assessed herein. Any lien filed pursuant to this subsection may be
foreclosed in the manner provided for mortgages or mechanics' liens under Illinois law.
4. Recoverable Costs: For purposes of calculating the cost recovery fee and general fees, the
costs incurred by the village with respect to the following items shall be deemed to be the
"actual costs" incurred by the village in processing an application for a planned development:
a. Publication and mailing of notices;
b. Court reporter and recording secretarial services;
c. Professional and technical consultant services;
d. Village attorney, or other village related attorney or law firm, consultation, meeting
attendance, document preparation, and review;
e. Copy reproduction;
f. Document recordation; and
g. Inspection fees.
5. Escrow: For each application filed and processed pursuant to this chapter that requires the
village to incur third party costs or expenses, an application fee escrow account shall be
established as provided below:
a. Initial Deposit: Every petition filed that requires the village to incur third party costs or
expenses shall be accompanied by an initial deposit for purposes of paying additional
application fees. The amount of the initial deposit shall be determined by the village
manager, and the initial deposit and any subsequent deposit shall be placed in an
application fee escrow account. No interest shall be payable on any such escrow account.
b. Draws From Escrow: From the date of filing of any application, the village shall maintain an
accurate record of the actual costs of processing and reviewing the application. The village
shall, from time to time, draw funds from the escrow account established to pay costs
identified in subsection C4 of this section and shall transfer funds to the appropriate village
accounts. The village shall maintain an accurate record of all draws.
c. Additional Deposits: Should the village at any time determine that the escrow account
established in connection with any application is, or is likely to become, insufficient to pay
the actual costs of processing an application, the village shall inform the applicant of that
fact in writing and demand an additional deposit in an amount deemed to be sufficient to
cover foreseeable additional costs. Unless and until such additional amount is deposited by
the applicant, the village may direct that processing of the application be suspended or
terminated. Any termination shall be deemed a withdrawal of the application by the
applicant.
d. Final Settlement: As soon as reasonably feasible following final action on an application,
the village shall cause a final accounting to be made of the escrow deposits made in
connection with the application and the actual costs of processing the application and shall
make a final charge of costs against the escrow deposit. A copy of the accounting shall be
provided to the applicant. If the amount in the escrow is insufficient to pay the total actual
costs, a written demand for payment of the balance due shall be mailed to the applicant. If
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THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
NUMBER 2020-VCODE-REV-G-1161
AN ORDINANCE AMENDING TITLE 1 CHAPTER 14
TO ADD SECTION 3 - RECOVERY OF PROFESSIONAL FEES
OF THE VILLAGE OF OAK BROOK, ILLINOIS
CODE OF ORDINANCES
GOPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
JOHN BAAR
PHILIP CUEVAS
MICHAEL MANZO
MOIN SAIYED
EDWARD TIESENGA
ASIF YUSUF
Village Board
Published in pamphlet form by authority of the
President and the Board of Trustees of the Village of Oak Brook
on this the 10th day of March, 2020
ORDINANCE 2020-VCODE-REV-G-1161
AN ORDINANCE AMENDING TITLE 1 CHAPTER 14
TO ADD SECTION 3— RECOVERY OF PROFESSIONAL FEES
OF THE VILLAGE OF OAK BROOK, ILLINOIS
CODE OF ORDINANCES
WHEREAS, the Village of Oak Brook (hereinafter referred to as the "Village'l is an Illinois
Municipal Corporation organized pursuant to the laws of the State of Illinois;
WHEREAS, the Village has in full force and effect a codified set of ordinances which are of a
general and permanent nature, which said codified set is known and designated as the Village Code of the
Village of Oak Brook, as amended;
WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and
regulations that pertain to its government and affairs that protect the health, safety and welfare of its
residents;
WHEREAS, the Village desires to amend its Village Code to provide for the recapture of certain
professional fees that are incurred by and through the zoning, building permit, engineering and subdivision
review processes, in addition, the Village seeks to impose certain penalties and/or sanctions if said fees
are not reimbursed to the Village within a timely fashion; and
WHEREAS, the Corporate Authorities of the Village of Oak Brook are of the opinion that that it is
in the best interests of the safety, health and welfare of the residents to amend the village's code of
ordinances as referenced herein.
NOW,THEREFORE, BE IT ORDAINED, in open meeting assembled by the Village President and
Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows:
Section 1: Recitals. The Board of Trustees hereby find that all of the recitals
hereinbefore stated as contained in the preamble to this ordinance are full, true and correct and do hereby,
by reference, incorporate and make them part of this ordinance as legislative findings.
Section 2: Amend Title 1, Chapter 14
Title 1, Chapter 14 shall be amended by the addition of the following Section 3:
1-14-3: RECOVERY OF PROFESSIONAL FEES:
A In the event that it is necessary for the village to retain the services of a professional consultant
including but not limited to attorneys engineers planners architects surveyors, traffic engineers,
environmental or drainage experts or other consultants in connection with any petitioner's request
for the village to consider or otherwise take action upon any building permit, storm water
management certification zoning change special use planned unit development, variation from
village code subdivision or other improvement or development upon real property, then the
petitioner and the owner of the property shall be jointly and severally liable for payment of such
professional fees and reimbursement shall be made to the village within thirty(30) days of receipt
of an invoice for same In addition any expenses incurred including but not limited to, mailing,
copying and recording fees as a result of any such request application or development application
shall be reimbursed to the village in the same manner. Further, any professional consultant fees
Ordinance 2020-VCODE-REV-G-1161
Title 1,Chapter 14
Section 3-Recovery of Professional Fees
Page 2 of 3
incurred as a direct or indirect result of a party requesting a professional opinion or otherwise
requesting relief or assistance from the villaae whether or not related to real property, shall be
reimbursed in accordance with this section if, in the discretion of the villaae a professional opinion
is desired.
B Failure to reimburse the village in accordance with this subsection may, in the village's discretion,
result in the refusal of any board committee or other governing body to consider or take action
upon any further requests from a petitioner or owner who has failed to pay in full all amounts due
under this section Further, the villaae may deny any application for a grading building or other
permit if such amounts have not been paid in full and the village may elect to file a lien against any
real property associated with such a petitioner's request.
C The Village Manager or his designee is hereby authorized to assign requests for professional
services to village staff or to other consultants as the Village Manager deems appropriate.
Section 3: Codification The title, chapter(s) and section(s) adopted by this Ordinance
shall be numbered and placed in an appropriate title, chapter(s), and sections(s)sections when and during
the codification of the Oak Brook Municipal Code.
Section 4: Conflict Clause That all ordinances, parts of ordinances or board actions in
conflict with the terms of this ordinance shall be repealed to the extent of said conflict.
Section 5: Passage Clause That this ordinance shall take full force and effect from and
after its passage, approval and publication as provided by law.
Section 6: Constitutionality Clause Any part or parts of this ordinance declared by a court
of law to be invalid or unconstitutional shall not affect the validity of the remaining provisions of this
ordinance or the Oak Brook Municipal Code.
Section 7: Publication This ordinance shall be published in book or pamphlet form as
provided by the Illinois Municipal Code.
Section 9: Recording This ordinance shall be entered into the minutes and upon the journals
of the Board of Trustees of the Village of Oak Brook.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2020-VCODE-REV-G-1161
Title 1,Chapter 14
Section 3—Recovery of Professional Fees
Page 3 of 3
APPROVED THIS 10th day of March, 2020
Gopal G. Lalmalani
Village President
PASSED THIS 10th day of March, 2020
Ayes: Baar, Cuevas, Saiyed, Tiesenga, Yusuf
Nays: None
Absent: Manzo
ATTEST:
G�
OF U t
'-" Charlotte K. Pruss
Village Clerk
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