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(A) The Village Administrator shall have the authority to approve or deny applications for stormwater management permits requested pursuant to this subchapter.
(B) Within three weeks after being served with the permit or notice that the permit has been denied, the applicant may appeal the terms or denial of the permit to Village Board. The appeals shall be made by filing a notice thereof with the Village Clerk, specifying the specific provisions appealed and the grounds therefor. The Village Board may conduct a hearing on the appeal not more than 60 days after the filing of the notice of appeal. Notice of the hearing shall be served upon the applicant.
(C) Within 30 days of the conclusion of the hearing, the Village Board shall decide whether to affirm or reverse, in whole or in part, the terms or denial of the permit. The decision of the Village Board shall be in writing and shall include the specific findings and conclusions supporting its determination. A copy of this decision and the order shall be served upon the applicant.
(Ord. 2019-03, passed 4-15-2019)
The village may, upon 30 days’ notice and approval to the owner or occupant, enter upon any lands or waters within the village for the purpose of inspecting and/or maintaining any stormwater facilities or causing the removal of any obstruction to an affected watercourse.
(Ord. 2019-03, passed 4-15-2019)
Any development having a stormwater management permit may be periodically inspected by the village, or authorized agent, to ensure that the management plan has conformed to and is being maintained in accordance with this subchapter and the terms and conditions of the stormwater management permit.
(Ord. 2019-03, passed 4-15-2019)
(A) This subchapter shall be construed to protect the health, welfare, safety and the environment of the residents of the village, and to effectuate the purposes of this subchapter and the enabling legislation.
(B) Nothing in this subchapter shall be deemed to consent to, license, permit to locate, construct or maintain any structure, site, facility or operation, or to carry on any trade, industry, occupation or activity.
(Ord. 2019-03, passed 4-15-2019)
(A) The degree of flood protection provided by this subchapter is considered reasonable for regulatory purposes, and is based upon engineering experience and scientific methods of study. Increased flooding may result from causes beyond the control of any government authority. This subchapter does not, therefore, guarantee that areas outside the floodplain or permitted land uses within the floodplain will be free from flooding and associated damages.
(B) Nothing in this subchapter shall be construed or applied in any manner to create liability on the part of, or a cause of action against, the village, or any elected official or any officer, agent, or employee of any of the foregoing, or any qualified engineer review specialist, for any flood damage resulting from reliance on the provisions of this subchapter.
(Ord. 2019-03, passed 4-15-2019)
In order to provide an avenue to allow relief from strict compliance with the requirements of this subchapter, where it is deemed impractical to achieve that compliance, variances from specific provisions of this subchapter may be granted by the Village Board pursuant to the following procedures identified below.
(A) A variance from the original petition submittal may be granted when the record supports the applicant’s right to some relief.
(B) When granting a variance, the decision-making authority may impose specific conditions and limitations on the applicant concerning any matter relating to the purposes and objectives of this subchapter as may be necessary or appropriate.
(C) When a variance is granted that includes condition(s) required to be met by the applicant, the applicant shall file evidence with the Administrator that the condition(s) have been met.
(Ord. 2019-03, passed 4-15-2019)
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