The Planning, Building and Development Director shall have all of the powers and duties specifically assigned in this chapter, including the following administration and enforcement duties.
(A) Administration.
(1) Be responsible for the administration of all provisions of this chapter for which administrative responsibilities are not otherwise assigned;
(2) Make interpretations of the provisions of this chapter, when called upon to do so, in accordance with § 151.058;
(3) Review all applications made pursuant to the requirements of this chapter to ensure compliance with the provisions of this chapter;
(4) Coordinate the actions of the Multi-Disciplinary Team in fulfilling its duties and responsibilities;
(5) Prepare reports and submit recommendations to the Planning, Building and Zoning Committee for all matters for which this chapter requires review and approval by the Planning, Building and Zoning Committee;
(6) Receive and review all site plans required by § 151.070;
(7) Review all proposed ordinance text amendments, zoning map amendments, conditional use permit, planned unit development and variance applications, and prepare reports for the Zoning Board of Appeals and the County Board;
(8) Classify zoning variance applications per § 151.056(B);
(9) Act as Chair of the Board of Vacations in the vacation of plats and public rights-of-way, in accordance with this chapter;
(10) Issue all temporary use permits and make and maintain records thereof;
(11) Issue all conditional use permits granted under the provisions of § 151.050, and make and maintain records thereof;
(12) Determine from public records sufficient information concerning nonconformities to properly perform duties assigned under this chapter;
(13) Amend the text of this chapter and the Official Zoning Map to reflect any amendments approved by the County Board and maintaining up-to-date originals and copies of these documents. The Planning, Building and Development Director shall assure that sufficient written description is provided to give a precise understanding of amendments;
(14) Conduct annual reviews of the text of this chapter and propose amendments deemed necessary to implement and ensure consistency with the Framework Plan and other policy objectives of the county;
(15) Ensure that required reports and consultations with local, state, and federal agencies have been completed, including natural resource information (NRI) reports, when applicable;
(16) Report to the Planning, Building and Zoning Committee when expressly required by the provisions of this chapter. In these cases, the Planning, Building and Development Director shall report on the action to the Planning, Building and Zoning Committee within 15 days of taking action or at the next regularly scheduled meeting of the Planning, Building and Zoning Committee, whichever occurs first; and
(17) Issue all site development permits and make and maintain records thereof. In this capacity, the Planning, Building and Development Director shall have the following additional duties and responsibilities. Certain of these duties and responsibilities are required by the Federal Emergency Management Agency or Illinois Department of Natural Resources, Office of Water Resources for the purpose of maintaining county’s eligibility for participation in the National Flood Insurance Program and delegation of state permit authority. These duties and responsibilities relate only to the intergovernmental relationship between county and the Federal Emergency Management Agency or Illinois Department of Natural Resources, Office of Water Resources and they do not and are not intended to create any third party beneficial rights in or for applicants, property owners or others:
(a) Determine for each development if it is in a Special Flood Hazard Area using the criteria specified in § 151.147, before the issuance of a site development permit;
(b) Ensure that an Illinois Department of Natural Resources, Office of Water Resources dam safety permit is obtained or a letter stating that no dam safety permit is required if the development includes a dam before the issuance of a site development permit. Additionally, if the Planning, Building and Development Director finds a dam which is believed to be in an unsafe condition, the Planning, Building and Development Director shall immediately notify the owner of the dam and the Illinois Emergency Services and Disaster Agency and the Illinois Department of Natural Resources, Office of Water Resources Dam Safety Section in Springfield;
(c) Adopted basin plans and floodplain studies may be the basis for more specific regulations. These additional or more specific regulations will apply only in the specific study area of the basin plan or floodplain study and supersede those of this chapter only upon amendment to the Watershed Development Ordinance and formal adoption of the basin plan or floodplain study by SMC.
(d) Review proposed easements, deed restrictions and other restrictive covenants, required by this chapter to ensure proper use and maintenance of proposed stormwater management systems. Administer the acceptance, reduction, and release of performance and maintenance assurances that may be required by this chapter to ensure proper installation and maintenance of proposed stormwater management systems;
(e) Oversee the review, by a registered professional engineer, of the plans, calculations or analyses submitted by other registered professional engineers, as required by this chapter as a condition of application for a site development permit;
(f) Ensure that the applicant has obtained and provided any and all required federal, state, and local permits for all development in the regulatory floodplain, before the issuance of a site development permit;
(g) Submit to the Lake County Stormwater Management Commission, the Illinois Department of Natural Resources, Office of Water Resources, and the Federal Emergency Management Agency the data required for proposed revisions to the base flood elevation of a regulatory floodplain study or a relocation of a regulatory floodway boundary, before the issuance of a site development permit. Additionally, the Planning, Building and Development Director also shall submit reports as required for the National Flood Insurance Program;
(h) Maintain records of every site development permit application, permit, hydrologic and hydraulic data and enforcement action and allow periodic inspections of the records by the Lake County Stormwater Management Commission, the Federal Emergency Management Agency or the Illinois Department of Natural Resources, Office of Water Resources;
(i) Maintain an elevation certificate and flood-proofing certificate file to certify the elevation of the lowest floor (including basement), of all buildings constructed in the regulatory floodplain;
(j) Maintain for public inspection and provide copies upon request of base flood data and maps, Conditional Letter of Map Revision, Letter of Map Revision elevation of flood-proofing certificates, other site development permit related materials, available “as-built” elevation and flood-proofing records for all building constructed subject to the provisions of §§ 151.145 through 151.154;
(k) Transfer to the Lake County Stormwater Management Commission, at agreed upon intervals, at no later than the five-year period described above, the portions of stormwater records specified by the Lake County Stormwater Management Commission;
(l) Notify adjacent upstream and downstream communities, the Lake County Stormwater Management Commission, and the Illinois Department of Natural Resources, Office of Water Resources in writing 30 days prior to the issuance of any permit for the alteration or relocation of a channel or linear water body in the regulatory floodplain; and
(m) Shall provide the Lake County Stormwater Management Commission an annual report summarizing the FIL50 fees received, project expenditures and status, categorized by watershed.
(B) Enforcement.
(1) Issue permits only where there is compliance with the provisions of this chapter. Permits for structures or uses requiring a zoning variance shall be issued only subsequent to the Zoning Board of Appeals (or Hearing Officer) approval of an appropriate zoning variance application. Permits requiring approval by the County Board shall be issued only after receipt of a certified copy of approval from the Lake County Clerk;
(2) Issue all certificates of occupancy and make and maintain records thereof;
(3) Conduct inspections as prescribed by this chapter and any other inspections as are necessary to ensure compliance with the various provisions of this chapter;
(4) Enforce the provisions of this chapter in accordance with §§ 151.250 through 151.258, including stopping, by written order, work being done contrary to issued permits or to this chapter. The written order, posted on the premises involved, shall not be removed except by order of the Planning, Building and Development Director. Removal without this order shall constitute a violation of this chapter;
(5) Institute any appropriate action or proceedings to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, filling, dumping, maintenance, or use; restrain, correct, or abate the violation, so as to prevent the occupancy or use of any building, structure, or land; to prevent any illegal act, conduct, business, or use in or about the premises; and
(6) Suspend or revoke, in writing, any permit or approval issued contrary to this chapter or based on a false statement or misrepresentation in the application.
(Ord., § 2.8, passed 10-13-2009; Ord. 22-1060, passed 8-9-2022) Penalty, see § 10.99