Chapter 32 shall apply to all new commercial and industrial development or re-development in Monroe County, Illinois. Except as otherwise provided in the Code, no person, firm or corporation, public or private, the State of Illinois and its agencies or political subdivisions, the United States of America, and its agencies or political subdivisions, any agent, servant, officer or employee of any of the foregoing which meets the following provisions or is otherwise exempted in the Code, shall not commence any development activities without first having obtained a development permit from the Building and Zoning Administrator of Monroe County, Illinois, and complying with the following:
(A) 
Any new development or re-development that will include an area that will meet or exceed five thousand (5,000) square feet of total impervious surface (i.e., streets, roof, patio or parking area or any combination thereof); or
(B) 
Any land disturbance activity in excess of five thousand (5,000) square feet which is located in a business or industrial zoning district shall meet the requirements of this Code and proper permits as required herein must be obtained.
A development permit shall not be required for the following:
(A) 
Any new development, re-development or other activity falling below the minimum standards as set forth in Section 40-8-1.
(B) 
Any site which is within an existing development with an approved Stormwater-Soil Erosion Plan shall be exempt provided that the land coverage is within the existing approved development perimeters.
(C) 
The agricultural use of land, including the implementation of conservation measures included in a farm conservation plan approved by the Soil and Water Conservation District, and including the construction of agricultural structures.
(D) 
The maintenance of any existing stormwater drainage/detention component or structure or any existing soil erosion/sediment control component or structure; including dredging, levee restoration, tree removal or other function which maintains the original design capacities of the above.
(E) 
The construction of, improvements to, or the maintenance of any street, road, highway or interstate highway performed by any unit of government whose powers grant such authority.
The County Board of Commissioners may, in accordance with the following procedures, authorize exceptions to any of the requirements and regulations set forth in this Code:
(A) 
Application for exception shall be made by a verified petition of the applicant for a development permit, stating fully the grounds of the petition and the facts relied upon by the applicant. Such petition shall be filed with the development permit application. In order for the petition to be granted, it shall be necessary that the Board find all of the following facts with the respect to the land referred to in the petition:
(1) 
That the land is of such shape or size or is affected by such physical conditions or is subject to such title limitations or record, that it is impossible or impractical for the applicant to comply with all of the requirements of this Code;
(2) 
That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
(3) 
That the granting of the exception will not be detrimental to the public welfare, environment or injurious to other property in the vicinity of the subject’s property.
(B) 
Each application for an exception shall be made to the Building and Zoning Administrator. The Administrator and the Monroe County Engineer will review and transmit recommendations to the Board, which shall review such recommendations prior to granting or denying the exception.
(C) 
The Board shall hold a public hearing on each application for exception, within thirty (30) days after receiving the application, in the manner provided with respect to appeals. Within thirty (30) days after public hearing, the Board shall either approve the site development permit application with the exceptions and conditions it deems necessary or it shall disapprove such development permit application and exception application, or it shall take other such action as appropriate.
The provisions and sections of this Code shall be deemed to be separable, and the invalidity of any portion of this Code shall not affect the validity of the remainder.
The applicant shall not be relieved of responsibility for damage to persons or property otherwise imposed by law, and Monroe County, Illinois or its officers or agents will not be made liable for such damage, by (1) the issuance of a development permit under this Code, (2) compliance with the provisions of that development permit or conditions attached to it by the Building and Zoning Administrator, (3) failure of Monroe County Officials to observe or recognize hazardous or unsightly conditions, (4) failure of Monroe County Officials to recommend denial or to deny a development permit, or (5) exemptions from development permit requirements of this Code.
In the event any person holding a development permit pursuant to this Code violates the terms of the permit, or carries on site development in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood of the development site or so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Administrative Officer may suspend or recommend that the County Board consider revoking the development permit.
Suspension of a permit shall be by a written stop work order issued by the Administrative Officer and delivered to the permittee or his agent or the person performing the work. The stop work order shall be effective immediately, shall state the specific violations cited, and shall state the conditions under which work may be resumed. A stop work order shall remain in effect until the next regularly scheduled meeting of the County Board of Commissioners or the conditions of resuming work are met.
No development permit shall be revoked until a hearing is held by the Planning Commission. Written notice of such hearing shall be served on the permittee, either personally or by registered mail, and shall state:
(A) 
The grounds for complaint or reasons for suspension or revocation, in clear and concise language; and
(B) 
The time when and place where such hearing will be held.
Such notice shall be served on the permittee at least five (5) 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 Planning Commission shall determine whether the permit shall be recommended to the County Board of Commissioners for revocation or that work can proceed.