[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Application for a development permit shall be made by the owner of the property or his authorized agent to the Mayor or his designee on a form furnished for that purpose. Each application shall bear the name(s) and address(es) of the owner or developer of the site, the contractor(s) and any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee as set from time to time by the Board of Trustees by resolution for any permit subject to the requirements of Article III, Stormwater Drainage and Detention. A filing fee as set from time to time by the Board of Trustees by resolution is assessed for those developments where only the requirements of Article IV, Soil Erosion and Sediment Control, apply. Each application shall include certification that any land clearing, construction, or development involving the movement of earth shall be in accordance with the plans approved upon issuance of the permit.
The applicant for a drainage permit shall be required to file
with the Village a faithful performance bond or bonds, letter of credit,
or other improvement security satisfactory to the Village in an amount
deemed sufficient by the Mayor or his designee to cover all costs
of improvements, landscaping, maintenance of improvements and landscaping,
and soil erosion and sediment control measures for 12 months or as
specified by the Village. The applicant's bond will also be used towards
engineering and inspection costs to cover the cost of failure or repair
of improvements installed on the site.
Each application for a drainage permit shall be reviewed and
acted upon according to the following procedures:
A.
The Mayor or his designee will review each application for a drainage
permit to determine its conformance with the provisions of this chapter.
The Mayor or his designee may also refer for review and comment any
application to the County Soil and Water Conservation District, a
consulting engineer retained by the Village, and/or any other local
government or public agency within whose jurisdiction the site is
located. All costs or fees acquired from the review shall be the responsibility
of the applicant to reimburse the Village in full before the permit
is processed further. Within 60 days after receiving an application
and all costs or fees acquired, the Mayor or his designee shall, in
writing:
(1)
Approve the permit application if it is found to be in conformance
with the provisions of this chapter, and issue the permit;
(2)
Approve the permit application subject to such reasonable conditions
as may be necessary to secure substantially the objectives of this
chapter, and issue the permit subject to these conditions; or
(3)
Disapprove the permit application, indicating the deficiencies and
the procedure for submitting a revised application and/or submission.
B.
No drainage permit shall be issued for an intended development site
unless:
(1)
The development, including but not limited to subdivision or planned
unit development, has been approved by the Village where applicable;
or
(2)
Such permit is accompanied by or combined with a valid building permit
issued by the Village; or
(3)
The proposed earth moving is coordinated with any overall development
program previously approved by the Village for the area in which the
site is situated; and
C.
Failure of the Mayor or his designee to act on an original or revised
application within 60 days of receipt shall authorize the applicant
to proceed in accordance with the plans as filed and in compliance
with the regulations contained herein, unless such time is extended
by agreement between the Mayor or his designee and the applicant.
Pending preparation and approval of a revised plan, development activities
shall be allowed to proceed in accordance with conditions established
by the Mayor or his designee.
Prior to final approval by the Village, a registered professional
engineer shall certify that the detention basin has been constructed
in accordance with construction plans and proposed volume has been
provided. An "as-built" survey of the detention basin, prepared by
a licensed surveyor, shall be included with the certification for
approval.
Every drainage permit shall expire and become null and void
if the work authorized by such permit has not been commenced within
180 days, or if not completed by a date which shall be specified in
the permit; except that the Mayor or his designee may, if the permittee
presents satisfactory evidence that unusual difficulties have prevented
work from being commenced or completed within the specified time limits,
grant a reasonable extension of time if written application is made
before the expiration date of the permit. The Mayor or his designee
may require modification of the erosion control plan to prevent any
increase in erosion or off-site sediment runoff resulting from any
extension.
The applicant, or any person or agency which received notice
of the filing of the application, may appeal the decision of the Mayor
or his designee to the Village Board. Upon receipt of an appeal, the
Village Board shall schedule and hold a public hearing, after giving
15 days' notice thereof. The Board shall render a decision within
30 days after the hearing. Factors to be considered on review shall
include, but need not be limited to, the effects of the proposed development
activities on the surface water flow to tributary and downstream lands,
any comprehensive watershed management plans, or the use of any retention
facilities; possible saturation of fill and unsupported cuts by water,
both natural and domestic; runoff surface waters that produce erosion
by silting of drainageways; nature and type of soil or rock which,
when disturbed by the proposed development activities, may create
earth movement and produce slopes that cannot be landscaped; and excessive
and unnecessary scarring of the natural landscape through grading
or removal of vegetation.
