§ 53.02 CONNECTION TO SEWER REQUIRED.
   (A)   All residential units, or living units, all commercial buildings, all industrial plants and all other institutions and structures located within the village which use water and generate wastewater, shall be connected to the village public sewer system.
   (B)   If any of the above is not currently using village water and is not connected to the village public water or sewer supply system, and any of the buildings or structures are located on property the nearest point of which is within 250 feet of either of such systems shall be made by the owner of the property, at owner's expense, within six months of the date of this section.
   (C)   When any of the properties lies more than 250 feet from the point of the nearest village public water or sewer supply pipe, the mandatory connection provisions of division (B) of this section shall be suspended. From the date that any of such properties is within 250 feet from the nearest point of either village public water supply or sewer pipe, then the six months connection requirement of division (B) of this section shall commence.
   (D)   The village recognizes that certain circumstances might be present or arise so that strict enforcement of the provisions of this section would operate as a distinct hardship. To be exempted from the provisions of this section, the owner of any such property shall apply to the Building Commissioner, and submit evidences of the hardship. The Building Commissioner may find that such extraordinary hardship exists, but no such finding shall be made unless the evidence discloses that:
      (1)   As a result of the particular physical surroundings, shape, topography, or location with reference to the nearest connection to the sanitary sewerage or waterworks system of the village, of the tract or parcel of land on which the particular building or structure involved is situated, a particular hardship to the owner would result, as distinguished from mere inconvenience.
      (2)   The conditions upon which the request for the exemption is based are unique to the tract or parcel of land on which the building or structure involved is situated and are not generally applicable to other tracts or parcels of land; and
      (3)   The granting of the exemption will not be detrimental to the public safety, health or welfare or injurious to other property in the neighborhood in which the particular building or structure is located.
   (E)   A denial of hardship found by the Building Commissioner may be appealed to the Sewer and Water Appeals Board, if such appeal is filed with the Village Clerk within 30 days following such denial. The reversal of a denial of hardship shall require a vote in favor of reversal by at least two members of the Appeals Board.
   (F)   All water users who are served by the village water system, as defined by this section, and, who previously were served by private wells shall, upon connection to the village water system, abandon and properly cap the existing well. Utilization of private wells as an alternative or supplement to the village water delivery system shall be prohibited.
(Ord. 707-91, passed 2-12-91; Am. Ord. 801-94, passed 2-22-94; Am. Ord. 1274-05, passed 11-1-05) Penalty, see § 53.99