§ 35.04. PROFESSIONAL SERVICES ESCROW.

(A)

Any person requesting consideration or action by the village, submitting applications to the village, including but not limited to, permit applications, seeking review of projects or permit applications by the village, or otherwise seeking appearance before the village board, plan commission, zoning board of appeals, or any other board, commission or committee of the village, shall be required, whenever it is deemed necessary by the village manager, or his or her designee, to deposit sufficient funds necessary to defray anticipated professional consultant expense to be incurred by the village related to the project, action, application, or appearance requested.

(B)

The village manager, or his or her designee, shall, upon receipt of a matter which may or will require professional consultant services to be rendered or utilized by the village, whenever practicable make an estimate of the amount of the cost of expected services based on the nature of the matter, its complexity, the relative need for professional consultant advice and the expected duration of processing the matter. The village manager, or his or her designee, shall so notify the individual applicant in writing:

(1)

With the estimate of the necessary funds to defray all professional consultant costs the village might incur in the course of reviewing the matter submitted by the applicant or other individual.

(2)

With notice to the individual or applicant that the application or matter shall not thereafter be reviewed or acted upon unless and until said sum is received by the village.

(C)

The village manager, or his or her designee, shall periodically review the funds on deposit to ensure that adequate funds are available to satisfy all professional statements referring to said matter, in addition to any administrative fees as required by the Village Code or the village fee schedule. In the event the village manager, or his or her designee, determined that sufficient funds are not available, he or she shall notify the applicant or other individual and request a further amount to defray the anticipated additional costs in accordance with the standards set forth in this section. Any professional consultants previously engaged by the village shall be advised not to do any further work until said sum has been received. The individual or applicant shall be given fourteen (14) days to deposit the additional funds. In the event said additional funds are not deposited, the village shall take no further action on the matter and shall so notify the applicant or other individual.

(D)

Upon conclusion of the matter and after all outstanding professional consultant fees incurred by the village for review of said matter have been satisfied in full, the village manager, or his or her designee, shall cause any remaining balance in the escrow account, if any, to be remitted to the person who had deposited the funds.

( Ord. 15-025 , passed 3-10-2015)