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.
(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.
