O-20-22VILLAGE OF DEERFIELD
ORDINANCE NO. 2020- 0-20-22
AN ORDINANCE AMENDING TITLE 1, CHAPTER 1, OF
"THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD," AS AMENDED,
TO RECOVER THIRD PARTY COSTS AND FEES
WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant
to the provisions of Article VII, Section 6 of the Illinois Constitution; and
WHEREAS, in order to process development applications and petitions pursuant to
the "The Municipal Code of the Village of Deerfield, Illinois, 1975", as amended ("Village
Code', the "Deerfield Zoning Ordinance 1978" as amended ("Zoning Ordinance', and the
"Subdivision Code," as amended ("Subdivision Code', the Village often incurs costs and
fees from third parties, including, without limitation: (i) attorneys; (ii) professional and
technical consultants; (iii) court reporters; (iv) newspapers; (v) printers; (vi) mailing services;
(vii) the Lake and Cook County Recorders; and (viii) title companies ("Third -Party Costs
and Fees'; and
WHEREAS, the Village Code, Zoning Ordinance, and Subdivision Code do not
currently provide for the payment of Third -Party Costs and Fees by the applicants that bring
about the need for such costs and fees and, accordingly, the ultimate payment obligation
currently falls on the Village and its residents; and
WHEREAS, the Village Board desires to amend the Village Code to provide a means
for recovery of Third -Party Costs and Fees from land use applicants; and
WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village and its residents to amend the Village Code pursuant to this
Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Ordinance as findings of the Village Board.
SECTION TWO: RECOVERY OF VILLAGE COSTS AND FEES. Chapter 1,
titled "General Provisions" of the Village Code is hereby amended to add a new Section 1-31,
titled "Recovery of Village Costs and Fees," which shall read as follows:
"1-31: Recovery of Vi11age Costs and Fees
a Established Except for those petitions specifically exempted in
Section 1-31(b), every land use petition filed and processed pursuant
to (1) this Code, (2) the "Deerfield Zoning Ordinance 1978." as
amended, or (3) the "Subdivision Code," as amended, that requires the
Village to incur costs or expenses identified in Section 1-31(d) shall be
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subject to the requirements set forth in this Section. The recovery of
Village costs and fees shall be in addition to any and all other filing
fees and other charges established by the Village. For purposes of this
section the word "petition" is deemed to include and refer to any and
all petitions and applications filed or processed pursuant to this Code,
the "Deerfield Zoning Ordinance 1978," as amended, or the
"Subdivision Code," as amended.
"b Exemptions: The following shall be exempt from the requirements_ of
this Section 1-31:
W1 Petitions for land uses that relate solely to one- and two- family
dwellings;
2� All petitions seeking relief pursuant to this Code, the "Deerfield
Zoning Ordinance 1978," as amended, or the "Subdivision
Code," as amended, filed by other public bodies. charitable_ o_ r_
religious organizations, or other tax-exempt organizations.
oc Responsibility for Payment: The owner of the property that is -the
subject of the land use petition and, if different, the petitioner for the
subject land use relief, shall be jointly and severally liable for the
payment of recoverable costs and fees, as defined herein. By signing
the petition, the owner or petitioner shall be deemed to have agreed
to pay, and to have consented to payment of recoverable costs and
fees, plus any costs of collection, that have not been paid within 30
days following the mailing of a written demand for payment to the
owner or petitioner at the address set forth on the petition, including
any additional recoverable costs and fees assessed. Any lien filed
pursuant to this subsection may be foreclosed in the manner provWed
for mortgages or mechanics' liens under Illinois law.
tM Recoverable Costs and Fees; The recoverable costs and fees incurred
by or on behalf of the Village in processing a petition shall include all
outside or third party costs, fees, and expenses related to the petition,
including, without limitation, the following items:
W1 Publication and posting of notices:
Court reporter fees, including the cost of all transcripts
ordered, or any subsequent transcription of audio/video
recordings:
(3) Fees and expenses incurred by or on behalf of the Village for
outside professional and technical consultants including
without limitation, civil engineers, traffic engineers, planners,
architects, and financial consultants.
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(4 Cost of the Village Attorney and assistant Village Attorneys and
staff measured by their time expended and multiplied by their
applicable hourly rate of pay for land use petition matters. as
well as expenses incurred by the Village Attorney.
5 The costs of any Village retained attorney or law firm, for
consultation, meeting attendance, document preparation.
advice and review;
Copy reproduction:
L7 Costs of document recordation by the county plus an additional
fee for recording of $50.00•
8 Mailing costs: and
9 Proof of ownership or title searches,
Oe Payment of Recoverable Costs and Recoverable Cost Escrow:
Charges Against Petitioner: From the date of filing any petition,
the Village shall maintain an accurate record of the
actual costs and fees of processing the petition. The Village
may, from time to time invoice for such actual costs and fees.
The Village shall maintain an accurate record of all
the costs and fees and time expended
2 Final Settlement: As soon as reasonably feasible following final
action on a petition the Village shall prepare a final invoice in
connection with the petition and of the actual cost and fees of
processing the petition and shall make a final charge ofthe
actual costs and fees A copy of the invoice shall be provided to
the owner and the petitioner for prompt payment thereof.
kf Condition
of All Petitions Approvals and
Permits: Every
approval
granted and
every permit issued pursuant to this Code the
"Deerfield
Zoning Ordinance
1978," as amended, or
the "Subdivision Code," as
amended
shall whether or not expressly
so conditioned.
be deemed
to be conditioned upon payment of recoverable
costs and
fees as
required by
this Section.
Failure to Pay Recoverable Costs and Fees: The failure to pay in full
when due any recoverable cost, fee or deposit required under this
section 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, fee or deposit relates."
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SECTION THREE:: PUBLICATION. The Village Clerk is hereby directed to
publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois.
SECTION FOUR: EFFECTIVE DATE. This Ordinance will be in full force and
effect ten days after its passage, approval, and publication in the manner provided by law.
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: October 5, 2020
APPROVED: October 6, 2020
ORDINANCE NO. 0-20-22
Harriet Rosenthal, Mayor
ATTEST/
Kent S. S reet, Village Clerk
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