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(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)
To secure the performance of the developer’s obligation to complete the construction of the stormwater facilities required by the stormwater management permit, and to pay all costs, fees and charges due under this subchapter, and to fully comply with all of the provisions of this subchapter, the applicant shall, prior to issuance of a stormwater management permit, provide adequate security, as determined by the village.
(Ord. 2019-03, passed 4-15-2019)
Nothing in this chapter purports to alter or affect the regulatory program that is administered by the IDNR-OWR. Anything in this chapter to the contrary notwithstanding, if under the rules and regulations administered by IDNR-OWR, a submittal need not be made to, or a review, approval or permit need not be obtained from IDNR-OWR, nothing in this subchapter shall be construed to impose a requirement that such a submittal be made to, or that such a review, approval or permit be obtained from IDNR-OWR. Similarly, if IDNR-OWR has delegated its regulatory authority to another entity, then anything in this subchapter to the contrary notwithstanding, if required by that entity, the submittal shall be made to, or the review, approval or permit shall be obtained from that entity.
(Ord. 2019-03, passed 4-15-2019)
Any person who violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any provision of this subchapter, or any requirement or condition contained within the stormwater management permit or, in the case of a permit violation, fails to correct the violation after notice and reinspection, shall be considered in violation of this subchapter.
(Ord. 2019-03, passed 4-15-2019) Penalty, see § 151.999
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) Whoever violates any of the provisions of this chapter or any of the provisions of the Building Codes adopted in § 151.030 through 151.035 shall upon conviction thereof be punished by a fine not exceeding $500 for each offense. Each day of violation of this chapter, or of any provision of the Building Codes or amendments thereto duly adopted shall constitute a separate offense.
(C) Any person, firm or corporation in violation of the provisions of § 151.052(C) shall be fined not less than $50 nor more than $500 for each such offense. It shall be considered a separate offense for each day in which a violation occurs.
(1) A separate offense shall be deemed committed on each day during or on which a violation occurs or continues to occur.
(2) In order to enforce any of the remedies set forth in this division, the village may bring legal action or equitable action, including injunctive relief, that may be deemed necessary.
(Ord. 1999-2, Building § 2, subs. .050, Building § 4, subs. .070, passed 2-15-1999; Ord. 2005-10, passed 9-19-2005; Ord. 2008-09, passed 7-21-2008; Ord. 2019-03, passed 4-15-2019)