(A) Exceptions. The Board of Appeals may, in accordance with the following procedures, authorize exceptions to any of the requirements and regulations set forth in this chapter:
(1) Application for any exception shall be made by a verified petition of the applicant for an erosion control permit, stating fully the grounds of the petition and the facts relied upon by the applicant. The petition shall be filed with the erosion control permit application. In order for the petition to be granted, it shall be necessary that the Board of Appeals find all of the following facts with respect to the land referred in the petition:
(a) The land is of such shape or size or is affected by such physical conditions or is subject to the title limitations of record, that it is impossible or impractical for the applicant to comply with all of the requirements of this chapter;
(b) The exception is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
(c) The granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.
(2) Each application for an exception shall be referred to the village for review. The village shall transmit its recommendations to the Board of Appeals, which shall review the recommendations prior to granting or denying the exception.
(3) The Board of Appeals shall hold a public hearing on each application for exception, within 30 days after receiving application, in the manner provided with respect to appeals. After public hearing, the Board of Appeals may approve the erosion control permit application with the exceptions and conditions it deems necessary or it may disapprove the erosion control permit application and application for exception or it may take such other action as appropriate.
(B) Stop-work order; revocation or permit. In the event any person holding an erosion control permit pursuant to this chapter violates the terms of the permit, or carries on 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 development site or so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the village may suspend or revoke the erosion control permit.
(1) Suspension of a permit shall be by a written stop-work order issued by the village and delivered to the permittee or his or her agent or the person performing the work. The stop-work order shall be effective immediately, shall state the specific violations cited, and shall state the conditions under which work may be resumed. A stop-work order shall remain in effect until the next regular scheduled meeting of the Board of Appeals at which the conditions of division (B)(2) below can be met.
(2) (a) No erosion control permit shall be permanently suspended or revoked until a hearing is held by the Board of Appeals. Written notice of the hearing shall be served on the permittee, either personally or by registered mail and shall state:
1. The grounds for complaint or reason for suspension or revocation, in clear and concise language; and
2. The time when and place where such hearing will be held.
(b) The notice shall be served on the permittee at least five days prior to the date set for the hearing. At the hearing, the permittee shall be given an opportunity to be heard and may call witnesses and present evidence on his or her behalf. At the conclusion of the hearing, the Board of Appeals shall determine whether the permit shall be suspended or revoked.
(Ord. 766, passed 10-20-2004)