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R-14-01 Granting a Refund of Fees to Montalbano Homes Following Planned Unit Development Application Withdrawal• RESOLUTION NO. DATE A. al? - or 0/ A RESOLUTION GRANTING A REFUND OF FEES TO MONTALBANO HOMES FOLLOWING PLANNED UNIT DEVELOPMENT APPLICATION WITHDRAWAL WHEREAS, Montalbano Homes on July 25, 2000, filed an application for annexation, zoning, and preliminary plan approvals in connection with a proposed Planned Unit Development on 68 acres located approximately 1300 feet west of Bell Road on the north side of 131st Steet; and WHEREAS, Montalbano paid the Village $14,500 in application fees and a $5,000 escrow deposit for reimbursable expenses; and WHEREAS, the petitioner withdrew its application after a single public hearing by the Planning and Zoning Commission; and WHEREAS, Section XX, Fees, of the Lemont Zoning Ordinance indicates that all fees are non - refundable unless waived by the Village Board, and; WHEREAS, the Village Board has reviewed the petitioner's written request for a waiver of application fees and determined that a partial waiver of $7,250.00 in fees is fair and equitable, in addition to the $4,267.02 remainder of unused escrow; and. NOW THEREFORE, IT IS HEREBY RESOLVED that the sum of $11,417.02 may be returned to Montalbano Homes Inc. upon passage of this resolution. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES, ILLINOIS on this a-4fr' day of 2001. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker AYES NAYS PASSED ABSENT V v ENE SMOLLEN, Village Clerk Approved by me this A /7' day of `J 2001. Attes , .4 WASNESKI, Villa President /-empe, annodA/ CHARLENE M. SMOLLEN, Village Clerk LWSSOLOILOIONTCASRA 3'4'4-L1 -2201. 1.2 28 f"Cly- bq;C HChES Atorddeb. January 11, 2001 Andy Fitz Village of Lemont 418 Main Street Lemont, IL 60439 t 6'0 5-'1 9788 P.02/02 Dear Andy: I am requesting a refund of the application fee for both the 132 acre parcel and the 68 acre parcels. The applications were withdrawn when the Village had a change in views to the direction we fad both agreed to take. Sincerely, Anthony F. Possidoni V.F. of Land Development and Acqui ion Cc: Mark Maktuf 2208 Midwest Road • Oak Brook, IL 60523 • 630.371.8877 • Fax 630.571.9788 TOTAL P.02 SECTION XX FEES A. FEES A non - refundable fee shall be paid to the Village of Lemont by cash or check, prior to consideration of any petition to seek one or more of the following: Appeal, Variation, Map Amendment, Text Amendment, Spedal Use, Planned Development, Subdivision Plat Approval or annexation. Fees may be waived when determined appropriate by the Village Board. B. SCHEDULE OF FEES 1. Appeal Fee $ 500.00 2. Variation Fee Variation $ 250.00 Each Additional Variation (within 1 yr.)...S 50.00 3. Map and Text Amendments Less than 2 acres $ 250.00 2 acres to less than 5 acres $ 500.00 5 acres to less than 10 acres $ 750.00 10 acres to less than 20 acres $1,000.00 Each additional full acre over 20 acres$ 50.00 Zoning review in unincorporated area... $ 500.00 Text Amendment $ 250.00 251 4. Special Uses 10 acres or less S 500.00 Each additional full acre over 10 acres S 25.00 Solid waste disposal site (Landfill or incinerator) S15,000.00 5. Planned Development Concept Plan S 1,5 00.00 Preliminary Plat/Plan S 50.00 /unit Final Plat/Plan S 10.00 /unit Plat review in unincorporated area S 75.00 /unit (Does not include concept plan fees.) 6. Subdivision Plat Approval Concept Plan (3 or fewer lots) S 300.00 Concept Plan (more than 3 lots) S 1,000.00 Preliminary Plat/Plan S 50.00 /unit Final Plat/Plan S 10.00 /unit Plat review in unincorporated area S 75.00/unit (Does not include concept plan fees.) 7. Engineering Review and Inspection Fees Preliminary Plan/Plat Review Less than 3 acres S 250.00 3 acres to less than 5 acres $ 500.00 252 5 acres to less than 10 acres $ 750.00 10 or more acres $ 1,500.00 Final Plan/Plat Review Less than 3 acres S 750.00 3 acres to less than 5 acres $ 1,500.00 5 acres to less than 10 acres $ 3,500.00 10 or more acres S 5,000.00 8. Annexation Fee Per lot fee $ 250.00 C. REIMBURSABLE EXPENSES In addition to the previous charges, petitioners shall be responsible for all expenses incurred by the Village with regard to the processing, review, approval and inspection of projects. Reimbursable expenses shall include, but not be limited to, the following: 1. Professional Services All professional services rendered by the Village Engineer, Village Planning Staff, Public Works Staff, and Clerical Staff shall be reimbursed by the petitioner. The reimbursement of in -house Staff time shall be based upon the individual hourly pay rate, and an added factor to reflect the cost of employee benefits. Such amount shall be reviewed from time to time by the Village Administrator to insure the benefit calculation remains current. 2. Legal Fees All legal services incurred by the Village shall be reimbursed by the petitioner. 253