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(A) Upon receipt of an application, the Village Clerk shall bring the application before the Village Council at its next regular meeting. The Council shall refer the application to the Village Planning Commission for site plan review, if necessary, and to any other appropriate body for review and comment.
(B) The Village Engineer shall report in writing to the Council as to whether or not the proposed private road conforms to the standards and specifications of this subchapter. The report may include any suggested conditions to be attached to the permit which, in the Village Engineer’s judgement, are necessary to achieve the intent of this subchapter.
(C) The Village Council shall consider the application, the Village Engineer’s report and all other relevant information in determining whether to grant the permit application. If the information submitted by the applicant does not establish that the proposed private road will conform to the standards and specifications of this subchapter, the Village Council shall not grant the permit. The Village Council shall impose those conditions on the approval of the permit as it deems necessary to achieve the intent and objectives of this subchapter, which may include, but need not be limited to, conditions suggested by the Village Engineer. The breach of any such condition proposed by the Village Council shall automatically invalidate the permit.
(D) As a condition to the granting of any permit under this subchapter, the Village Council shall require that the applicant deposit with the Village Clerk a sum of money, bank letter of credit or certified check in an amount sufficient to guarantee that the applicant shall perform the terms and conditions of the permit, including the payment of required fees. The amount of the required deposit will be based in part on a recommendation from the Village Engineer of projected costs to complete the approved project. Upon completion of all improvements required by this subchapter, any unused portion of the deposit shall be refunded to the applicant.
(E) Upon receipt of the required deposit and predetermined fees and approval of the application by the Village Council, the Village Zoning Administrator shall issue the permit pursuant to the terms established by the Village Council approving the application.
(F) Only the Village Council shall have the authority to approve or deny applications for permits. No other permit issued by any other village official or other governmental body or official shall substitute for a permit.
(G) As a condition to the granting of a permit under this subchapter, the Council may require a staked survey by the Village Engineer at the owner’s expense.
(Prior Code, § 92.20) (Ord. 26, passed 3-1-1994; Ord. 26, passed 11-6-1995)
(A) All required improvements shall be inspected by the village at various stages of construction. The applicant’s engineer shall certify to the Village Engineer before the final inspection that the required improvements were made in accordance with this subchapter and all approved plans. The Village Engineer shall make a final inspection upon completion of construction and shall report the results of the final inspection to the Village Council in writing.
(B) The costs of inspection, including compensation of the Village Engineer, shall be paid by the applicant prior to the issuance of the certificate of completion. The Village Council shall establish and determine the costs of inspection. If the applicant does not directly pay the costs of inspection, the same shall be paid from the deposit established by the Village Council and held by the Village Clerk, and the balance, if any, shall be returned to the applicant.
(Prior Code, § 92.21) (Ord. 26, passed 3-1-1994)
A permit shall be valid for a period of one year from the date of issuance, or a longer period as determined by the Village Council. If the required improvements have not been completed upon the expiration of one year, or the longer period of time, then the permit shall be void and of no force and effect, and all deposits shall be forfeited to the village.
(Prior Code, § 92.22) (Ord. 26, passed 3-1-1994)
(A) The easement, including all agreements, shall be recorded in the office of the Register of Deeds for the county prior to the issuance of the certificate of completion.
(B) Upon receipt of proof that the private road easement and all agreements have been recorded and the Village Engineer’s report that all private construction complies with the standards of this subchapter, the village shall issue a certificate of completion.
(Prior Code, § 92.23) (Ord. 26, passed 3-1-1994; Ord. 26, passed 11-6-1995)
(A) No certificate of occupancy shall be issued for any building on a lot subject to the provisions of this subchapter until all work is completed.
(B) A certificate of occupancy may be issued prior to the issuance of a certificate of completion upon recommendation by the Village Engineer, and upon deposit with the Village Clerk of a sum of money, certified check or bank letter of credit in an amount sufficient to guarantee completion of the remaining public road improvements.
(Prior Code, § 92.24) (Ord. 26, passed 3-1-1994)
(A) When there are practical difficulties and unnecessary hardships in the way of carrying out the strict letter of this subchapter, any applicant may apply for a variance in writing to the Village Council stating the specific reasons why the variance is being requested. The Village Council shall have the power to vary or modify the application of the provisions of this subchapter so that the intent and purpose of the subchapter shall be observed and the public safety secured.
(B) The Village Council may consider an application to waive the paving requirements for a private road if one or more of the following conditions are met:
(1) The proposed private road connects to an unpaved county primary or local road or another unpaved private road;
(2) The proposed private road will receive only limited use at the time of application or in the future; and/or
(3) Paving will significantly increase stormwater runoff, creating a potential for flooding and/or soil erosion or otherwise causing an adverse environmental impact due to the topographical and physical characteristics of the parcel.
(C) The Village Council may attach reasonable conditions in granting any variance from any provision of this subchapter, and the breach of any conditions or the failure of any application to comply with the conditions shall void the variance. The provisions of this subchapter are intended, in part, to enable variances to be granted, and conditions attached to the variances to facilitate the upgrading of prior nonconforming rights-of-way and private roads to the standards of this subchapter, in a reasonably practical manner, including, but not limited to, the rights-of-way as have been established, recorded, constructed or maintained prior to the date of adoption of this subchapter which cannot be brought into conformity with this subchapter without unnecessary hardship and practical difficulty due to soil conditions, topographical considerations or other factors.
(Prior Code, § 92.25) (Ord. 26, passed 3-1-1994; Ord. 26, passed 11-6-1995)
(A) Purpose. The village deems it important to protect the historical street names and numbering within the village in order to protect and perpetuate the history of the community and to avoid burdening the residents and businesses within the village with the cost of address changes, which changes could have a potentially devastating economic impact on the residents and businesses with the village.
(B) Prohibition on changing street names and numbering. No street names or numbers within the village shall be altered or changed without the prior approval of the Village Council.
Penalty, see § 92.99
SIDEWALKS, CURBS AND GUTTERS
No person or entity shall construct, rebuild or repair any sidewalk, curb or gutter, except by employing an experienced builder or contractor who shall perform the construction in accordance with the line, grade, slope and specifications established by the Village Engineer. The builder or contractor shall not construct, rebuild or repair any sidewalk without first obtaining a written permit pursuant to the requirements of the Building Code then in effect, except for with repairs of less than 50 square feet of sidewalk, no permit will be required.
(Prior Code, § 92.35) (Ord. passed 10-3-2000) Penalty, see § 92.99
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