In the event that the actual locations of any facilities deviate in any respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the entity shall submit a revised set of drawings or plans to the village within 90 days after the completion of the permitted work. The revised drawings or plans shall specifically identify where the locations of the actual facilities deviate from the locations approved in the permit. No deviations whatsoever shall be allowed in violation of § 56.04(B) of this chapter. Any deviation not in violation of § 56.04(B) of this chapter shall constitute a variation application. Minor deviations may be reviewed and approved by the Village Engineer. If the Village Engineer deems a deviation to be major or material it shall be subject to approval or rejection by the Corporate Authorities of the village. If the village denies the request for a variance, then the entity shall either remove the facility from the right-of-way or modify the facility so that it conforms to the permit and submit revised drawings or plans therefore. Any reasonable out of pocket costs, including outside engineering fees, attorneys fees, document preparation fees, court reporter fees, and notice or publication fees incurred by the village as a result of the installation of a facility in violation of this chapter, and for which no variation is granted, shall be paid to the village prior to the issuance of any other permits to the person or entity in violation of the chapter.
(Ord. 1420-07, passed 12-18-07)