§ 151.17. PERMIT AND FEES, PROJECT SECURITY, PROJECT ACCEPTANCE.
Upon formal review and approval by the village engineer of community development of any developments to be built within the Village of Schaumburg, the subdivider or developer shall be responsible for:
(A)
Village Permits and Fees:
(1)
Land Development Permit: A land development permit will be issued by the village engineer of community development when the applicable provisions of sections 150 and 151 of this title are met. Any construction, including buildings, earthwork, underground, landscaping, and surface improvements cannot begin until the land development permit has been issued.
(2)
Land Development Permit Fee: As part of the protective inspection policy of the Village of Schaumburg, a land development permit fee is hereby levied against all developments and for work done in the village rights-of-way or public easements, to cover engineering plan review and construction inspection.
(3)
Site and Parking Lot Maintenance and Repair, Drainage, Retaining Wall, and Parking Lot Striping Permits: As part of the protective inspection policy of the Village of Schaumburg, a permit fee is hereby levied against improvements to existing developments, and for work done in village rights-of-way or public easements, to cover engineering plan review and construction inspection.
(4)
Electrical Permit for Site and Parking Lot Lighting: A separate permit is required from the building division for any site or parking lot lighting. An application for this permit may be submitted after the photometric plans have been approved by the village.
(5)
Required permit fees are as designated in the village fee schedule.
(6)
No building permits can be issued for any phase of the development until such time as the director of community development verifies that the aforementioned fees are on deposit with the village and the land development permit has been issued.
(B)
Outside Agency Permits and Fees: Many developments require permits from other governmental agencies such as the Metropolitan Water Reclamation District of Greater Chicago, the Illinois Environmental Protection Agency, and the Cook County Highway Department. The fees for those permits are set and collected by the respective agency.
(C)
Project Security:
(1)
Subdivision and Land Development Project Security: Upon approval of the final engineering plans by the village engineer of community development, a good and sufficient security for the completion of improvements, including landscaping and site lighting, shall be submitted to the village for deposit with the director of finance. The amount of the project security will be based on the developer's opinion of probable construction cost as approved by the village engineer of community development.
The project security must be written in the amount of fifty percent (50%) of the approved engineer's opinion of probable construction cost of the installation of such improvements. Said security shall provide that monies in such amounts are on deposit with, or otherwise available from, a bank or other approved institution, and that such funds are restricted for the purpose of the installation and completion of said improvements. The project security shall clearly identify the name of the project as provided on the village permit application. The minimum project security amount shall be ten thousand dollars ($10,000.00).
The village will provide notification to the developer of any and all deficiencies in the construction and incomplete permit requirements. In the event that said improvements are not completed in accordance with village requirements, the bank or other approved institution, upon notification from the village, shall take any and all necessary steps to provide funds to complete the construction of said improvements upon request by the village. The village may also notify the institution that the village intends to withdraw the funds and retain contractors to complete the work.
The security shall be issued for a period of two (2) years and shall state that all improvements, except the final wearing surface of any road, to be constructed hereunder, are to be completed within two (2) years of the issuance of such guarantees. In the event that all of the improvements to be constructed have not been completed prior to ninety (90) days of expiration of the security (whether the security is initial or renewed), then the security shall be renewed for an additional one-year period.
The requirements for project security set forth herein apply to all types of developments regardless of use or ownership, except other governmental agencies, such as park districts and school districts.
(2)
Partial Reductions in Project Security Amounts: Such instrument shall further provide that no more than seventy-five percent (75%) of the project security amount may be dispersed until all improvements have been completed to the standards of the village regardless of acceptance of the public improvements as required in subsection (D) of this section. Upon written request by the developer, owner, or engineer, the project security may be reduced in increments of twenty-five percent (25%), but not less than twenty-five percent (25%) of the total security, or twenty-five thousand dollars ($25,000.00), or one hundred percent (100%) of the landscape improvements, whichever is greater.
However, for smaller projects where the project security amount is originally less than or equal to fifty thousand dollars ($50,000.00), the security may only be reduced to fifty percent (50%) of the total project security amount. The minimum project security amount shall be ten thousand dollars ($10,000.00) regardless of any reductions.
A written request for a reduction of the project security must be provided by the developer project cost table must accompany the written request which clearly verifies the amount of work performed to date, and it must be signed and sealed by an Illinois licensed engineer.
(D)
Acceptance Of Public Improvements:
Maintenance Bond: A subdivider or developer, after the public improvements have been accepted by the village, shall deposit with the village, in escrow, in cash, or an irrevocable letter of credit, bond or other document in a form approved by the village attorney for a twelve-month period, in an amount equal to twenty percent (20%) of the estimated cost of the public improvements as a guarantee against any defect in the material or workmanship furnished in connection with such public improvement latent in character and not discernible at the time of the final acceptance or approval of such public improvement and to guarantee against any damage to such public improvements.
The village may require the developer to correct any and all such defects by written notification prior to the expiration of the guarantee or such deposit. Such deposit may be applied by the village for any amounts required by the village to correct any such defects arising within the applicable guarantee or warranty period. The balance of such deposit, if any, held at the end of twelve (12) months following final acceptance of such public improvements, shall be refunded or returned to the depositor, or to the order of the depositor. Any warranty that is still in effect on materials accepted by the village shall be submitted to the director of engineering and public works at the time of acceptance.
In the event that the developer was notified but has not corrected the defects as called for above within ninety (90) days of expiration of the guarantee, then the guarantee shall be renewed for another period of twelve (12) months.
(E)
Refund Of Permit Fees:
(1)
Upon receipt of a proper request by the party having paid the fees, or his designee or attorney, the village may refund to the permittee of record, that portion of any permit fee required under this section which has not been utilized for clerical, administrative and/or inspection purposes.
(2)
At no time shall such refund exceed eighty percent (80%) of the permit cost, except that a minimum fee of fifty dollars ($50.00) shall be charged.
(3)
Plan review fees or other fees for work already performed by the village at the time of the requested refund shall be retained in their entirety.
(F)
Conflicts: Nothing herein shall be deemed to conflict with any other section or provision of the appropriate village ordinances.
(Ord. 04-55, passed 4-27-2004; Am. Ord. 05-117, passed 8-9-2005; Am. Ord. 07-110, passed 7-24-2007; Am. Ord. 08-101, passed 7-22-2008; Am. Ord. 09-013, passed 2-10-2009; Am. Ord. 10-012, passed 2-23-2010; Am. Ord. 11-006, passed 1-25-2011)