(A) Request for deviation. A utility or applicant requesting a deviation from one or more of the provisions of this chapter must do so in writing to the village as a part of the permit application. The request shall identify each provision of this chapter from which a deviation is requested and the reasons why a deviation should be granted.
(B) Authority to grant deviations. The village shall decide whether a deviation is authorized for each provision of this chapter identified in the deviation request on an individual basis.
(C) Conditions for granting of deviation. The village may authorize a deviation only if the utility or applicant requesting the deviation has demonstrated that:
(1) One or more conditions not under the control of the utility or applicant (such as terrain features or an irregular right-of-way line) create a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and
(2) All other designs, methods, materials, locations, or facilities that would conform with the provision from which a deviation is requested are impracticable in relation to the requested approach.
(D) Additional conditions for granting of a deviation. As a condition for authorizing a deviation, the village may require the utility or applicant requesting the deviation to meet reasonable standards and conditions that may or may not be expressly contained within this chapter, but which carry out the purposes of this chapter.
(E) Right to appeal. Any utility or applicant aggrieved by any order, requirement, decision, or determination, including denial of a deviation, made by the village under the provisions of this chapter shall have the right to appeal to the Village Board of Trustees. The application for appeal shall be submitted in writing to the Village Clerk within 30 days after the date of such order, requirement, decision, or determination. The Village Board of Trustees shall commence their consideration of the appeal within 21 days after the filing of the appeal. The Village Board of Trustees shall on a timely basis decide the appeal.
(Ord. 21-06-02, passed 6-22-2021; Ord. 22-03-04, passed 3-22-2022)