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Ordinance 2011-09 Ordinance No. 2011 - Q� AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, BY CODIFYING FEES AND DEPOSITS INTO THE YORKVILLE CITY CODE BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Title 10, Chapter 14, Section 10 -14 -9 of the Yorkville City Code, as amended, is hereby amended to read as follows: "10 -14 -9 FEES: All applications shall be accompanied by the appropriate fees and deposits required by the Yorkville City Code. Section 2. That Title 1, Chapter 7, Section 1 -7 -9B of the Yorkville City Code, as amended, is hereby amended to read as follows: `B. Fees: 1. An application for the following requests shall be accompanied by the following fees: a Annexation $250.00 plus $10.00 per acre over 5 acres b Annexation — weather $75.00 per acre warning siren c Text Amendment $200.00 d Zoning District (Map) $200.00 plus $10.00 per acre Amendment over 5 acres e Appeal from decision of $85.00 Zoning Administrator f Special Use $250.00 plus $10.00 per acre over 5 acres g Planned Unit $500.00 Development h Preliminary Subdivision $500.00 Plan i Final Subdivision Plat $500.00 j Temporary Use $25.00 k Variation $85.00 1 Zoning Certificate $5.00 Single Family $25.00 All others 2. The annexation — weather warning siren fee in subsection lb above shall fund a weather warning siren system payable at the earlier of the time of final plat approval for the portion of the property subject to a particular final plat, or at the time of building permit issuance if the property is not subdivided. 3. In the event that annexation application and zoning district amendment are filed at the same time, only one per acre fee shall be charged to the applicant" Section 3. That Title 1, Chapter 7, Section 1 -7 -9 of the Yorkville City Code, as amended, is hereby amended by adding subsection C to read as follows: "C. Deposits: An application requesting an action listed in B.1 above shall be accompanied by the following deposit: 1. Outside Consultant and Third Party Costs Deposit Less than 2 acres $1,000.00 Over 2 acres and less than 10 acres $2,500.00 Over 10 acres $5,000.00 i 2. The deposited funds shall be held in escrow and used for legal, land planning, zoning, environmental or other consultant services provided to the City not otherwise covered by required fees and for administrative processing costs consisting of the following: a. Publication of legal notice for each hearing b. Postage for sending or the cost for posting required notices c. Any cost incurred by the City payable to a third party required for the processing, review or approval of the application, including but not limited to, additional copying or exhibit costs, court reporter fees if a court reporter is deemed necessary, and document recording fees. 3. At any time the balance of the deposit shall fall below ten percent (10 %) of the original deposit amount, the applicant shall receive an invoice requesting additional funds equal to one hundred percent (100 %) of the initial deposit if subsequent fees related to the project are required. 4. In the event that a deposit account is depleted and not replenished all further review, consideration or approval shall be suspended until the account is replenished. 5. Unused funds shall be refunded to the applicant upon written request by the applicant to the City by the 15"' of the month in order for the refund check to be processed and distributed by the 15` of the following month. All refund checks shall be made payable to the applicant and mailed to the address provided when the deposit was established unless otherwise advised in writing by the applicant to the Community Development Director. 2 6. Payment to all consultants retained by the City in any capacity connected with the application shall be based on agreements with those consultants approved by the City. 7. At no time shall there be any transfer of funds directly from any applicant to any consultant. All payments to consultants shall be executed only under their agreements with the City and developers shall be only invoiced directly by the City." Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2011. ROBYN SUTCLIFF s_ DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS � GEORGE GILSON JR. v Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this oZ� dayof MAkC 2011. MAYOR 3