Loading...
(A) Authority. In the event any person holding a permit pursuant to this chapter violates the terms of the permit, or conducts or carries on the site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood of the subject property of the permittee, or conducts or carries on the site development so that it is materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Planning Commission shall revoke or suspend the permit.
(B) Procedure for revoking permit. No permit shall be permanently revoked or suspended until a hearing is held by the Planning Commission. Written notice of the hearing shall be served upon the permittee, either personally or by registered mail, and shall state:
(1) The grounds for complaint or reasons for the revocation or suspension.
(2) The time when, and the place where the hearing is to be held. The notice shall be served by registered mail or personal service on the permittee at least five days prior to date set for the hearing. At the hearing, the permittee shall be given an opportunity to be heard, and he may call witnesses and present evidence on his behalf. Upon conclusion of the hearing, the Commission shall determine whether or not the permit shall be suspended or revoked.
(3) The penalty for revocation of the permit shall be forfeiture of the performance bond to the village. This does not preclude a lawsuit for damages being filed against the developer by the village.
(Ord. C-604, passed 9-8-86)
The Planning Commission may authorize variances to any of the requirements and regulations set forth in this chapter.
(A) Application for variance. Application for any variance shall be made by a verified petition of applicant stating fully the ground of the application and the facts relied upon by the petitioner. The application shall be filed as an attachment to the developer's Storm Water Management Control Plan. In order for the petition to be considered by the Planning Commission it shall be necessary that all of the following facts are applicable:
(1) That the land is of such shape or size, is affected by such physical conditions, or is subject to such title limitations of record that it is impossible or impractical for the subdivider to comply with all of the regulations of this chapter.
(2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
(3) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.
(B) Referral of proposed variance. Each proposed variance shall be referred to the Village Engineer and the Hamilton County Soil Conservation Service for their recommendations to the Planning Commission prior to the Planing Commission hearing.
(Ord. C-604, passed 9-8-86)
After completion of the project, the Planning Commission shall meet for the purpose of reviewing the compliance with the approved Storm Water Management Control Plan. The approval of the construction by the Village Engineer shall be required prior to this final review. Following this review, the Planning Commission will formally approve or disapprove project completion.
(Ord. C-604, passed 9-8-86)