A berm permit is administrative in nature and is intended to
ensure the proposed project complies with all applicable sections
of this Code.
A berm permit must be obtained before any work is done to construct
or modify an existing berm.
The owner of the subject property may submit an application
for a berm permit.
The general steps outlined below shall be used in the review
of an application for a berm permit.
A. Submittal of application materials. The applicant submits a completed
application and other required materials to the Zoning Administrator
along with the application fee as may be established by the Village
Board.
B. Determination of completeness. The Zoning Administrator reviews the
submittal to make sure it is complete and ready for further review.
A determination of completeness shall be made within 30 days of the
submittal. If it is not complete, the Zoning Administrator will notify
the applicant in writing of such deficiencies and that the applicant
has three months from the date of the notice to resubmit the application
or forfeit the application fee. If the application is deemed incomplete
or if additional information is requested, the Zoning Administrator
will take no further steps to process the application until the deficiencies
are remedied or the information is provided. The incomplete application
is retained as a public record. A determination that an application
is complete means the application is ready for formal review and does
not suggest the applicant has provided sufficient information in all
regards or preclude the reviewing authority from requesting additional
information it deems appropriate.
C. Decision. When the Zoning Administrator determines the application
is complete, he or she makes a decision based on the decision criteria
in this division to i) approve the berm permit, ii) approve the berm
permit with conditions, or iii) deny the berm permit.
D. Applicant notification. Within a reasonable time following his or
her decision, but not more than 10 workdays, the Zoning Administrator
sends the decision document to the applicant by regular mail and/or
email.
E. Public record copy. A copy of the decision document is retained as
a public record.
In determining whether to issue a berm permit or deny the permit,
the Zoning Administrator shall determine whether the proposed berm
complies with all applicable sections of this Code.
The application submittal shall include an application form
as may be used by the Village and a site plan prepared at a scale
of one inch equals 20 feet or other appropriate scale depicting the
information listed in Appendix F.
A berm permit shall automatically expire 12 months after the
date of issuance unless substantial work has commenced under the permit
and continues in good faith to completion. Upon petition and with
cause, the Zoning Administrator may grant a one-time extension, not
to exceed 12 months, provided that:
A. The permit holder requests the extension prior to the expiration
of the permit;
B. The permit holder clearly demonstrates that circumstances beyond
his or her control prevented the start of construction and the continuation
of the same; and
C. The project complies with this chapter in effect at the time the
extension is granted.
An aggrieved person may appeal a final decision made pursuant
to this division by filing an administrative appeal with the Zoning
Board of Appeals within 30 calendar days of the final decision.