A. Standard: If the village engineer determines that the proposed work will unreasonably divert or detain surface water onto adjacent properties or the public rights of way; alter existing drainage patterns so as to adversely impact adjacent properties or the public rights of way; increase or concentrate runoff of stormwater onto adjacent properties or the public rights of way; or cause some similar adverse impact, and, the applicant fails to submit proposed measures that would eliminate the identified adverse impacts, the request for a grading permit shall be denied or revoked.
B. Right To Appeal: Any person aggrieved by the village engineer's denial, suspension or revocation of a grading permit shall have a right to appeal such decision to the village manager. Within ten (10) days after receipt of the village engineer's notice of denial or revocation, the applicant or permit holder may make a written request for a hearing regarding the denial or revocation. The village manager, after receipt of the written request for a hearing, shall set a time and date certain for such hearing within ten (10) days after such receipt. The village manager shall give written notice of such hearing to the applicant or permit holder at least five (5) days in advance of the hearing date. At the hearing, the applicant or permit holder may present and submit evidence and witnesses to rebut the reasons cited by the village engineer for revoking or denying the permit. Within five (5) days after the close of the hearing, the village manager shall render a decision in writing. The village manager may reinstate a revoked permit, grant the requested permit or a renewal thereof, or affirm the village engineer's decision. The action taken by the village manager shall be final. (Ord. O2008-46, 8-12-2008)