The Administrator is hereby authorized and directed to administer
and enforce the provisions of this chapter. This broad responsibility
encompasses, but is not limited to, the following specific duties:
D.
To issue stop orders as necessary when the Zoning Administrator or Village Engineer determines that approved improvements are being constructed in violation of this chapter (See § 300-17.);
E.
To pursue actions authorized in § 300-25 when a developer fails to complete required improvements;
G.
To review and forward applications for subdivision variances to the Plan Commission (See § 300-37.);
H.
To maintain up-to-date records of matters pertaining to this chapter, including, but not limited to, preliminary plats, as-built records of completed improvements (See § 300-18.), final plats, variances, and amendments;
I.
To provide information to subdividers/developers and to the general
public on matters related to this chapter; and
J.
To periodically review the provisions of this chapter to determine
whether revisions are needed, and to make recommendations on such
matters to the Village Plan Commission as necessary.
Any subdivider/developer desiring a variance from the requirements
of this chapter shall file a written application therefor with the
Administrator at the same time that he files his preliminary plat.
The application shall fully explain the grounds for the variance request
and specify the section(s) of this chapter which, if strictly applied,
would cause great practical difficulties or hardship. The Administrator
shall prepare an advisory report on every variance application and
submit it, together with the completed application, to the Plan Commission.
The Plan Commission shall review the variance application and the Administrator's comments, perform on-site review when appropriate, and submit its advisory report to the Village Board, together with its recommendation on preliminary plat approval. (See § 300-10.) The Plan Commission's advisory report shall be responsive to all the variances standards set forth in § 300-39.
A.
At the same meeting at which it takes action on the application for preliminary plat approval (See § 300-13.), the Village Board shall decide by resolution whether to grant or to deny the requested subdivision variance. A copy of the Board's decision, clearly stating its reasons therefor and the exact terms of any variance granted, shall be attached to both the preliminary and final plats.
B.
The Village
Board shall not grant any subdivision variance unless, based upon
the information presented to it, the Board determines that:
(1)
The proposed variance is consistent with the general purposes of this chapter (See § 300-2.); and
(2)
Strict application of the subdivision requirements (See Part 5.)
would result in great practical difficulties or hardship to the applicant,
not a mere inconvenience; and
(3)
The proposed variance is the minimum deviation from the subdivision
requirements that will alleviate the difficulties/hardship; and
(4)
The plight of the applicant is due to peculiar circumstances not
of his own making; and
(5)
The peculiar circumstances creating the variance request are not
applicable to other tracts and, therefore, a variance would be a more
appropriate remedy than a code amendment; and
C.
Financial consideration or peculiar circumstances do not constitute
a hardship.
Amendments to this chapter may be proposed by the Administrator,
any member of the Village Board, any Plan Commission member, or any
party in interest. Every amendment proposal shall be filed on a prescribed
form in the Administrator's office. The Administrator shall promptly
transmit each proposal, together with any comments or recommendations
he may wish to make, to the Plan Commission for a public hearing.
A.
Public hearing, notice. The Plan Commission shall hold a public hearing
on every amendment proposal within a reasonable time after said proposal
is submitted to it. At the hearing, any interested party may appear
and testify, either in person or by duly authorized agent or attorney.
Notice indicating the time, date, and place of the hearing, and the
nature of the proposed amendment, shall be given not more than 30
days nor less than 15 days before the hearing by publication in a
newspaper of general circulation within the local community.
B.
Advisory report; action by Village Board. Within a reasonable time
after the public hearing, the Plan Commission shall submit an advisory
report to the Village Board. The Village Board shall act on the proposed
amendment at its next regularly scheduled meeting following submission
of this report. Without another public hearing, the Village Board
may either pass or reject the proposed amendment or may refer it back
to the Plan Commission for further consideration.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Fees for the following shall be paid to the Village Clerk. All
fees shall be set from time to time by the Board of Trustees by resolution.
Said fees are intended to defray the administrative costs connected
with the processing/conducting of the listed item; they do not constitute
a tax or other revenue-raising device.
A.
Any person who is convicted of a violation of this chapter shall
be fined not less than $75 nor more than $750, plus costs. Each day
that a violation continues shall be considered a separate offense;
likewise, in the case of multiple violations, each violation shall
be considered a separate offense.
B.
Nothing contained in this section shall prevent the Village from
taking any other lawful action that may be necessary to secure compliance
with this chapter.
