A. Request For Variance: A utility requesting a variance from one or more of the provisions of this chapter must do so in writing to the Village Engineer as a part of the permit application. The request shall identify each provision of this chapter from which a variance is requested and the reasons why a variance should be granted.
B. Authority To Grant Variances: The Village Engineer shall decide, in his sole discretion, whether a variance is authorized for each provision of this chapter identified in the variance request on an individual basis.
C. Conditions:
1. The Village Engineer may authorize a variance only if the utility requesting the variance has demonstrated that: (Ord. 2008-11, 1-28-2008; amd. 2012 Code; Ord. 2017-42, 11-13-2017)
a. One or more conditions not under the control of the utility (such as terrain features or an irregular right-of-way boundary) create a special hardship that would make compliance with the provision unreasonable, given the public purposes to be achieved by the provision; and
b. All other designs, methods, materials, locations or facilities that would conform with the provision from which a variance is requested are impracticable in relation to the requested approach. (Ord. 2008-11, 1-28-2008)
2. As a condition for authorizing a variance, the Village Engineer may require the utility requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this chapter but which carry out the purposes and intent of this chapter.
D. Appeals: Any utility aggrieved by any order, requirement, decision or determination, including denial of a variance, made by the Village Engineer under the provisions of this chapter shall have the right to appeal to the Village Administrator. The application for appeal shall be submitted in writing to the Village Clerk within thirty (30) days after the date of such order, requirement, decision or determination of the Village Engineer. The Village Administrator shall commence his or her consideration of the appeal within not more than thirty (30) days after the date that the written application for appeal is submitted to the Village Clerk, and the Village Administrator shall prepare his or her written determination on the appeal not more than ten (10) business days after completing his or her consideration of the appeal. Any utility aggrieved by the written determination of the Village Administrator shall have the right to appeal to the Village Board of Trustees. The application for appeal shall be submitted in writing to the Village Clerk within thirty (30) days after the date of written determination of the Village Administrator. The Village Board of Trustees shall commence its consideration of the appeal at the Village Board's next regularly scheduled meeting occurring at least seven (7) days after the filing of the appeal. The Village Board of Trustees shall timely decide the appeal upon presentation of all relevant facts. (Ord. 2008-11, 1-28-2008; amd. 2012 Code; Ord. 2017-42, 11-13-2017)