A. Public Improvements: The public improvement requirements, standards and specifications contained herein are adopted as the minimum required standards and specifications for public improvements of the village. When public improvements are required by application for subdivision, no such improvements may be made until the plats for a subdivision and also the plans for improvements thereto have been formally recommended by the village planning and zoning commission and approved by the board of trustees. The village engineer is designated as the enforcing officer of the public improvement requirements, standards and specifications contained herein. When public improvements are made other than as part of a subdivision, no such improvements may be made until the plans are approved by the village engineer. If any improvements are being constructed in violation of regulations contained herein, it shall be the responsibility of the village engineer, or his designee, to stop such construction until there is full compliance with these regulations.
B. Improvements In Flood Hazard Areas: No improvements shall be approved for any use in any area which is determined, after investigation by the village engineer, to be located within areas of special flood hazard until the subdivider has complied with chapter 3 of this title.
C. Unsuitable Land:
1. No improvements shall be approved for any use in any area which is determined, after investigation by the village engineer, to be unsuitable for such a use by reason of flooding or bad drainage, adverse earth and rock formation or topography, or any other features likely to be harmful to the health, safety or welfare of the public.
2. Unsuitable land and any improvements located within areas of special flood hazard and identified in chapter 3 of this title shall be subject to the provisions of chapter 3 of this title.
3. Unsuitable land and any improvements located outside of special flood hazard areas may be developed only if the developer agrees to make improvements which will, in the opinion of the village engineer, make the area safe for occupancy and provide adequate lot and street drainage and stormwater detention facilities.
D. Variances:
1. Where the developer of land outside areas of special flood hazard can show in writing and with appropriate documentation that the strict adherence to the standards and specifications set forth causes an unnecessary hardship, the village board may approve a variance. Such variance may be granted after recommendation by the village engineer and where topography and conditions peculiar to the site or surrounding area substantiates a variance without destroying the intent of the provisions of this title.
2. Variances for land within areas of special flood hazard shall be subject to the provisions of chapter 3 of this title. (2016 Code)