The Village Board of Trustees may, in accordance with the following procedures, authorize exceptions to any of the requirements and regulations set forth in this chapter:
A. 
Application for exception.
(1) 
Application for any exception shall be made by a verified petition of the applicant for a site development permit, stating fully the grounds of the petition and the facts relied upon by the applicant.
(2) 
Such petition shall be filed with the site development permit application. In order for the petition to be granted, it shall be necessary that the Village Board of Trustees find all of the following facts with respect to the land referred to in the petition:
(a) 
That the land is of such shape or size or is affected by such physical conditions or is subject to such title limitations of record that it is impossible or impractical for the applicant to comply with all of the requirements of this chapter.
(b) 
That the exception is necessary to prevent unreasonable and unnecessary hardship; and
(c) 
That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.
B. 
Referral of exception applications. Each application for an exception shall be referred to the Superintendent of Public Works/Village Engineer who shall transmit his or her recommendations to the Board of Trustees, which shall review such recommendations prior to granting or denying the exception.
[Amended 10-27-2020 by L.L. No. 9-2020]
C. 
Public hearings on applications for exception. The Board of Trustees shall hold a public hearing on each application for exception in the manner provided with respect to appeals. After public hearing, the Board of Trustees may approve the site development permit application with the exceptions and conditions it deems necessary, it may disapprove such site development permit application and exception application, or it may take such other action as appropriate.
[Amended 7-27-2004 by L.L. No. 10-2004; 10-27-2020 by L.L. No. 9-2020]
In the event any person holding a site development permit pursuant to this chapter violates the terms of the permit, or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or the development site or so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Superintendent of Public Works/Village Engineer may temporarily suspend or revoke the site development permit.
A. 
Stop-work order. Suspension of a permit shall be by a written stop-work order issued by the Superintendent of Public Works/Village Engineer in accordance with the provisions of Chapter 214. The stop-work order shall have the effect of suspending all authorizations and permits granted by the Village or any agency thereof, and shall remain in effect until the violation of the terms of the permit is cured or a determination is made by the Village Board after the hearing described in Subsection B below.
B. 
Hearing. No site development permit shall be permanently suspended or revoked until a hearing is held by the Village Board.
(1) 
Written notice of such hearing shall be served on the permittee, either personally or by registered mail, and shall state:
(a) 
Grounds for complaint or reasons for suspension or revocation, in clear or concise language;
(b) 
The time and place of the hearing to be held.
(2) 
Such notice shall be served on the permittee at least five days prior to the date set for the hearing. At such hearing, the permittee shall be given an opportunity to be heard and may call witnesses and present evidence on his behalf At the conclusion of the hearing, the Village Board shall determine whether the permit shall be suspended or revoked.
A. 
No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this chapter.
B. 
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this chapter is committed, continued, or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not less than $500 for each offense. Each consecutive day of the violation shall be considered a separate offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this chapter shall be required to restore the site to the condition existing prior to commission of the violation, or to bear the expense of such restoration.