(A) Interpretations.
(1) In interpretation and application, the provisions of this chapter shall be held to be the minimum requirements.
(2) Where the conditions imposed by any provisions of this chapter with respect to the use of land are either more restrictive or less restrictive than comparable conditions imposed by any provisions of any other ordinance or any law, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
(3) This chapter is not intended to abrogate the provisions of any existing easement, covenant or any other private agreement with respect to the use of land, but no such provision shall operate to lessen the restrictions or lower the standards as provided in this chapter.
(4) If any ordinance, section, division, sentence, clause, phrase or portion of this chapter is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct and independent provision and the holding shall not affect the validity of the remaining portions hereof.
(5) Any proposed plat of subdivision otherwise in conformity with the provisions of this chapter may be disapproved where the Village President and Board of Trustees, after full examination and review, make a definite determination that the proposed subdivision of development would be in conflict with the Comprehensive Plan or detrimental to the best interest of the public health, safety or welfare.
(6) Any dispute arising from the interpretation of this chapter shall be resolved in favor of the village interpretation. The Village Administrator shall be authorized to interpret this chapter however, his or her interpretation may be overruled by the President and Board of Trustees.
(B) Changes and/or alternative methods.
(1) The village staff and village consultants will review, consider and where applicable permit changes and/or alternative methods to specific engineering requirements of this chapter, provided that the revisions are approved by the Village Administrator and are justified on the part of the subdivider or development property. The presumption is that the intent of these regulations, standards and specifications shall not be compromised. The Village Board may overrule any changes and/or alternative methods granted or denied by the village staff or consultants.
(2) The Village Board shall review and decide proposed changes and/or alternative methods deemed material or significant, either by the Village Administrator, by the Plan Commission, or by the village staff.
(3) The developer shall request Village Board review of significant changes and/or alternative methods in writing.
(4) The Village Board may conduct public meetings for significant changes and/or alternative methods.
(C) Vested rights. Nothing contained in this chapter shall be interpreted to be a consent, license or permit to use any property; to locate any building, structure or facility; or to carry on any trade, industry, occupation or activity not otherwise granted by express approval.
(D) Minimum requirements. The provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals and general welfare. When the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance or regulation shall be controlling.
(E) Cumulative impact of limitations. The provisions of this chapter shall be interpreted to he cumulative of, and to impose limitations in addition to, all other codes, laws and ordinances in existence or which may be passed governing any subject matter of this chapter. The several provisions of this chapter shall also be interpreted to be cumulative of each other. To the greatest extent possible, the provisions of this chapter shall be construed to be consistent with, and not in conflict with, the provisions of such other codes, laws and ordinances and each other, so that all the provisions may be given their fullest application.
(F) Use of words, tense and gender.
(1) Words used or defined in one tense or form shall include other tenses and derivative forms.
(2) Words in the singular number shall include the plural number, and words in the plural number shall include the singular number.
(3) The masculine gender shall include the feminine and neuter. The feminine gender shall include the masculine and neuter. The neuter gender shall include the masculine and feminine.
(4) The word “shall” is mandatory. The word “may” is permissive.
(5) The word “person” includes individuals, firms, partnerships, joint ventures, trusts, trustees, estates, corporations, associations and any other similar entities.
(6) In case of any difference of meaning or implication between the text of this chapter and any caption, illustration or table, the text shall control.
(G) Enforcement.
(1) The Village Administrator, Supervisor of Public Works and the Village Engineer shall be responsible to alert the owner or developer to any violation of this chapter. The Supervisor of Public Works and the Village Engineer shall have the power to make such decisions, orders, requirements or determinations in conformity with this chapter as are necessary to enforce it, subject to the approval of the Village Administrator.
(2) The village may take any lawful action it deems necessary to ensure the enforcement of this chapter.
(3) A decision, order or requirement of the Supervisor of Public Works or Village Engineer may be appealed to the Village Administrator, whose decision itself may be revised by the Village Board.
(H) Variances.
(1) Where the Plan Commission finds that extraordinary hardship or practical difficulties may result from the strict compliance with these regulations, it may recommend variances to these regulations so that substantial justice may be done and the public interest secured, provided that such variances shall not have the effect of nullifying the intent and purpose of these regulations and further provided that the Plan Commission shall not recommend variances unless it shall make findings based upon the evidence presented to it in each specific case that:
(a) The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property;
(b) The conditions upon which the request for a variance are based are unique to property for which the variance is sought and are not applicable generally to other property;
(c) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result as distinguished from a mere inconvenience, if the strict requirements of these regulations are enforced; and
(d) The variances will not in any manner vary the provisions of the Zoning Ordinance, Comprehensive Plan, official map or any other village ordinance.
(2) In recommending variances, the Plan Commission shall require such conditions as will, in its judgment substantially secure the objectives of the standards or requirements of these regulations.
(3) The applicant shall submit a written request for any such variance at the time when the preliminary plat application is filed for consideration by the Plan Commission. The request shall state fully the grounds and all of the facts relied upon by the applicant.
(4) The applicant shall pay any and all fees, costs and expenses of the village and its duly authorized agents that are incurred by the village in the processing or enforcing of any and all applications pursuant to this chapter, including but not limited to attorney, engineer, planner and other consultant fees.
(5) Upon finding that there are alternate feasible means of fulfilling the purpose and spirit of the regulations to protect the public health, safety and welfare, the Village Engineer may recommend and the Village Board may approve variances to and modifications from the regulations of the development standards.
(I) Professional fee agreement. Any developer, person, entity, corporation, association or group filing an application with the Plan Commission or with the village for any development, zoning, subdivision and the like shall at the time of execution of the petition or application execute a professional fee agreement as amended from time to time.
(J) Appendices; incorporated by reference. Any appendices referenced within this development ordinance are to be considered a part of this chapter.
(K) Engineering technical standards. The engineering technical standards are adopted as part of this chapter and shall be the basis for enforcement of the development regulations within the village boundaries and extraterritorial jurisdictional limits. It is intended that the engineering technical standards will be reviewed and amended periodically as warranted by good engineering design practice.
(Ord. 808, passed 4-19-2006)