Chapter 22: Recovery of Village Costs

Sec. 22-1. Scope

Every petition filed and to be processed that requires the village to incur professional fees and expenses
shall be subject to the requirements set forth in this chapter. The recovery of professional fees and expenses
shall be in addition to any and all other filing fees and other charges established by the village. No petition
subject to this chapter shall be placed on the agenda for any board or committee until the petitioner has
complied with this section. Notwithstanding the foregoing, the village board may consider a request for a
reduction or waiver of the escrow required under this section prior to the creation of the escrow account.

Sec. 21-2. Definitions

PETITION: Includes and refers to any and all requests, applications or petitions filed or processed
pursuant to the subdivision ordinance of this code or filed requesting annexation, rezoning, building permits or
other land related permits or permissions which:

1. Require the review of any proposed plans to verify compliance with the applicable codes and
regulations of the village or;

2. Require negotiation or discussion with the professional staff of the village, including, but not limited
to the village attorney, village engineer or village planners or;

3. Require the creation of a special service area under the current or future provisions of any applicable
village, county or state ordinance, statute, regulation or law or;

4. Involve connection to the storm water, sanitary sewer, water or other public utility maintained by the
village or;

5. Involve the proposed construction of permanent or semi -permanent fixed structures including
buildings, parking lots, roadways or driveways or other similar structures or;

6. The ongoing administration of any project that results from any of the above listed items to the full
completion of the project.

PROFESSIONAL FEES AND EXPENSES:

Includes and refers to any and all fees, costs, expenses or other charges incurred by the village in the
process of reviewing any petition, including, without limitation, the costs associated with professional review,
discussion and/or negotiation of the petition and related permits, plans and other documents by the village
attorney, engineer, planner and/or other professional and including all costs or expenses otherwise incurred by
the village in association therewith, including, but not limited to, administrative expenses of the village. Costs
of inspection will include village’s cost for any equipment and material involved, including staffing and
administrative expenses associated with distributing materials related to the petition, copying or preparing such
materials, administering escrow accounts or otherwise related to the petition. Fees for village employees shall
be based on hourly rates reflecting the actual time spent on the project by the village employees, with hourly
rates for the same to be fixed from time to time by separate resolution of the village board of trustees.

Professional fees and expenses may also include, as appropriate, the costs of court reporters, copy
reproduction, document recordation, mailing costs, title searches and such other costs as shall be incurred by
the village due to the filing of the petition or of the activity proposed by the petition. Professional fees and
expenses shall also include the cost of inspection or supervision of any public improvements or other structures
constructed by virtue of, or arising out of a petition. All such fees, costs, and expenses are also herein referred
to as Recoverable Costs.

Sec. 22-3. Responsibility for Payment of Recoverable Costs; Lien

The owner(s) of the property that is the subject of the petition and, if different, the petitioner(s), shall be
jointly and severally liable for the payment of recoverable costs. By signing the petition, the owner(s) or
petitioner(s) shall be deemed to have agreed to pay, and to have consented to all of the provisions of this
chapter including the right of the village to file a lien against the subject property for all amounts unpaid
pursuant to this chapter and for the village to have a right to foreclose that lien in the manner provided for
mortgages or mechanics’ liens under Illinois law.

Sec. 22-4. Provisions are a Condition of all Petitions, Approvals and Permits

No petition filed pursuant to this chapter shall be considered complete unless and until all filing fees and
deposits due pursuant to this chapter 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
recoverable costs as required by this chapter. The village may, in its sole discretion, issue stop work orders
and otherwise revoke permits or permissions previously granted should a petitioner cease compliance with this
chapter during the pendency of a filed or approved petition. Any person who files a petition covered under this
chapter shall be obligated to execute and complete a separate reimbursement agreement which shall be
provided by the village.

Sec. 22-5. Failure to Pay Recoverable Costs

The failure to pay in full when due any recoverable cost or deposit required under this chapter shall be
grounds for refusing to process a petition and for denying or revoking any permit or approval sought or issued
with respect to the land or development to which the unpaid recoverable cost or deposit relates.

Sec. 22-6. Escrow Account to be Established

At the time of filing a petition, and prior to the village’s review of the same, the petitioner shall be
required to establish an escrow account in compliance with this chapter, and shall be required to execute an
escrow agreement in the form provided by the village. The petitioner shall be obligated to make all payments
necessary to maintain such account at the level prescribed by the village. If the petitioner fails to make a
payment requested by the village within thirty (30) days of such request, the village may unilaterally choose to
implement any or all of the following remedies until such point in time as the petitioner has paid all amounts
due and has made all payments necessary to restore petitioner’s escrow accounts to the level prescribed by the
village:

1. Issuance of a stop work order on any portion of the work proposed by the petition.

2. Refusal to issue further permits for building, occupancy, water hookup or other petition related
work.

3. Cessation of any utility service provided by the village to any property owned or maintained by
petitioner or their successors or assigns.

4. Institution of appropriate legal action to recover any and all amounts due, in which case the
village will be entitled to reasonable attorney fees, costs of court and other collection costs plus
statutory interest.

5. Cessation of any or all work on or pertaining to the petition by village staff, employees,
consultants and agents.

6. Filing a lien against the subject property for all amounts unpaid pursuant to this chapter and to
foreclose that lien in the manner provided for mortgage s or mechanics’ liens or as otherwise
provided for under Illinois law.

Any portion of the escrow account which remains unused upon the termination of the petition or the
completion of any improvement contemplated by the petition shall be refunded to the petitioner within thirty
(30) days of the village’s receipt of the last invoice for professional fees and costs that are or to be reimbursed
out of the petitioner’s escrow account.

The escrow deposit required pursuant to Section 22 -6 of the Municipal Code of the Village of Durand,
Illinois regarding annexation petitions under Chapter 21 Municipal Code of the Village of Durand, Illinois
shall be, effective immediately, as follows:

Up to one acre: $250.00

Over one acre up to 5 acres $200.00 per acre or fraction of an acre, but not less
than $500.00

Over 5 acres up to 10 acres $150.00 per acre or fraction of an acre, but not less
than $500.00

Over 10 acres $100.00 per acre orfraction of an acre, but not less
than $1,800.00, but not more than $10,000.00

An acre, for the purpose of this resolution shall be defined as that measurement of land that is the
dimensions of an acre notwithstanding any roads or other physical structures or obstacles located on, within or
adjacent to said measurement. (Updated 2/19/19 using resolution passed on 4/11/11)

Sec. 22-7. Termination of Obligation

Notwithstanding any contrary provision of this chapter, the petitioner’s obligation to reimburse the village
for professional fees and costs, and the accompanying obligation to maintain an escrow account, shall continue
until the petitioner fully satisfies all obligations to reimburse the village, and shall in no event terminate earlier
than ninety (90) days after the last to occur of the following:

1. The petitioner’s voluntary termination of the petition and all work, projects and developments
associated therewith.

2. The satisfactory completion of the work proposed by the petition and all work arising there - from
(including, in the case of petitions for annexations, all subsequent plats and the completion of
construction of any structures on the annexed property and the completion of all obligations of the
underlying annexation agreement).

3. The village’s rejection of the petition in its entirety, and the failure of the petitioner to indicate,
within ninety (90) days of such rejection, the petitioner’s desire to continue working with the
village towards the approval of the same or a modified petition.

After the last to occur of the foregoing conditions the village shall finalize all invoices for professional
fees and costs, shall seek reimbursement from the petitioner for all such professional fees and costs, and shall,
after settling all such invoices, refund any excess monies back to the petitioner.

That Section 509 of the Subdivision Regulations of the Village of Durand Illinois, Fees, is hereby
repealed.

That Section 21 -2 of the Municipal Code of the Village of Durand Illinois, Annexation-Reimbursement
Procedure, is hereby repealed. (Ord. No. 2011-2; 04/11/11).