(a) The application shall be forwarded to the Planning Commission by the Village Engineer, together with a written report by him or her with respect to the statements contained therein and his or her recommendations thereon.
(b) Erosion and sediment control plans, notes and details shall be provided in conformance with Chapter 1448 of this Code.
(c) After securing all such information as it deems necessary, the Planning Commission, in its discretion, may set the matter down for a public hearing. In such event, it shall mail a notice thereof to the applicant and the owner of the land at the addresses given in the application not less than three days prior to the public hearing, excluding the day of the mailing and including the day of the public hearing. If, after such hearing, the Planning Commission determines that the granting of the application will not adversely affect the public welfare, peace, health, safety and convenience, it shall grant the application with such conditions relating to the method of grading, excavating, filling or removal of the land or area on which the operations are to be conducted, the terms of the permit, the amount of topsoil or loam to be respread on the land, the amount of removal which may be permitted on the land, the refilling, reseeding or replanting of the land, the drainage after removal, and such other conditions, as the Planning Commission may deem necessary for the protection of the public health, safety, peace, convenience and welfare, which conditions shall be made a part of the permit and constitute limitations thereon. In the event no public hearing is held, the Planning Commission shall, within 31 days from the date of submission of the plan, refer the plan with its recommendations to Council.
(d) No application shall be granted under this section except upon the concurrence of not less than three members of the Planning Commission, at least one of whom shall be either the member of Council serving on the Planning Commission or the Mayor so serving on the Planning Commission. An application granted by the Planning Commission not in compliance with the requirements of this subsection shall be void.
(Ord. 1987-40. Passed 2-10-88; Ord. 2009-21. Passed 11-23-09.)
(f) If the Planning Commission denies the application, or if the same is not granted in conformity with the provisions of Section 1274.01, the applicant or owner may appeal to Council by filing a written notice of such appeal with the Village Clerk within 30 days from the date of the mailing of the communication sent by the Planning Commission to the applicant and the owner, as provided in division (d) of this section. The Clerk shall then obtain from the Planning Commission the application, reports, recommendations, documents and minutes, or copies thereof, relating to the application and the action taken thereon by the Planning Commission and submit the same to Council. Council, by majority vote, may act to move upon the application, subject to the limitations and provisions applicable to the Planning Commission.
(Adopting Ordinance)
(g) If the application is granted, either by the Planning Commission or by Council, the Village Engineer shall issue a permit containing the restrictions imposed, if any, upon the posting of a bond, running in favor of the Village and conditioned upon the performance of the permit in accordance with its terms, in the amount fixed by the approving body, such bond to be signed by the applicant, the owner and a surety company, or by two good and sufficient sureties satisfactory to the Mayor.
(Ord. 1987-40. Passed 2-10-88.)