(A) Expiration Of Permit: The permit issued hereunder shall automatically expire upon the earlier of any of the following events: 1) eighteen (18) months after its date of issuance; 2) for any new single-family residence or addition to a single-family residence, one year after its date of issuance if all exterior work (as specified in subsection (E)2 of this section) has not been completed; 3) if substantial progress is not made on the permit work within six (6) months after the date the permit is issued; or 4) if the work is abandoned. The work shall be deemed abandoned: 1) three (3) months after its date of issuance if no work is commenced within said three (3) month period; or 2) if work under the permit is discontinued for a period of three (3) consecutive months. “Substantial progress” for the purposes of this section shall be defined as the amount of work a journey tradesperson can perform in one week.
(B) Site Restoration: If the permit expires because of lack of substantial progress or abandonment of the work thereunder, the applicant shall take the necessary action to restore the site and to restore any public property or rights of way used in or affected by the work to the condition the site, property and rights of way were in before the commencement of the work. If the applicant fails to restore the site, public property or rights of way within a reasonable time after notification, the village may restore the site, public property or rights of way at the applicant’s expense. The application for permit shall be deemed to confer upon the village a license to enter the property so the village may take any and all action necessary to restore the property to its original condition. When the site, public property or rights of way have been restored to its original condition, the village shall reimburse itself for any expenses incurred from the amount received for fees and deposits on issuance of the permit, including a site management bond, if any, posted by the applicant pursuant to subsection 4-1-16(K) of this chapter; and the balance, if any, shall be returned to the permit holder, less a service charge of two hundred fifty dollars ($250.00). If the expenses incurred by the village in restoring the property are more than the fees deposited, the permit holder shall pay the excess to the village on demand or the property will be liened by the village until payment is received.
(C) Forfeiture Of Fees And Deposit Upon Permit Expiration: Upon the expiration of any permit for any cause prior to issuance of the final certificate of occupancy, all retained fees and deposits shall be forfeited and any permit bonds shall be subject to forfeiture upon approval of such forfeiture by the village board.
(D) Effect Of Permit Expiration: Upon the expiration of any permit, for any reason, the right of the applicant to perform further construction activity on, or to obtain any inspections of, the work that was the subject of the permit shall cease, unless and until a new permit is issued or the permit is renewed subject to the terms and conditions of this code.
(E) Renewal Of Permit: An expired permit may be renewed once by the applicant if the work yet to be completed complies with this code and the ordinances in force at the time of renewal of the permit and it meets the terms and conditions of this section. To renew an expired permit, the applicant shall file a new application conforming to the provisions of this chapter. An applicant applying for a permit renewal must pay one-half (½) of the original permit fee. The renewal fee must be paid prior to issuance of the renewal permit. The term for a renewal permit shall be determined by the assistant village manager or his or her designee after considering the nature of the work to be completed, the impact on adjoining properties and the reasons the work was not completed under the original permit. In no event shall the term of a renewed permit exceed six (6) months, unless such additional term is approved by the village manager.
1. The application shall include a detailed explanation of the reasons the renewal is necessary, and the reasons why the construction activity did not proceed within the time periods specified in subsection (A) of this section, which detailed explanation shall include the date permit work began, the dates during which work was suspended or interrupted, and the last date on which work was performed, as well as the reasons for each such suspension, interruption or abandonment of the work.
2. The application shall include a proposed, revised construction schedule. If exterior work has not been completed when the permit expires, the exterior work shall be completed first and no final plumbing or electrical inspections shall be completed until the exterior work has been completed, unless the permit expires between November 1 and March 31. If the permit expires during this time the exterior work must be completed prior to May 15 or no further interior inspections shall be completed until said exterior work is completed. Exterior work shall include, but not be limited to, the following:
(a) The exterior facade, including, but not limited to, doors, windows, and siding, the roof of the building, paving of driveways, final grading and required landscaping.
(b) Removal from the exterior of the property of all construction fencing and unneeded appurtenances including building materials, construction trailers and equipment, and construction fencing. Dumpsters and sanitation facilities may remain on the site as may be needed but shall be moved to a hard surfaced area or inside a garage whenever possible.
3. Upon receiving a completed application for permit renewal, the assistant village manager or his or her designee shall provide notice of the application to all parcels of property located within two hundred fifty feet (250') of the property that is the subject of the application. The notice shall include a description of the remaining work and the proposed revised construction schedule. The owners or occupants entitled to receive such notice may provide written comment on the requested permit renewal. The written comments shall be addressed to the director, who shall consider such comments in determining the length of time the permit shall be in effect, and what, if any, site management requirements should be imposed as a condition of the permit.
4. In addition to payment of the required fees, and in addition to any other form of security required by this Code, the applicant shall provide additional performance security in an amount that the Assistant Village Manager or his or her designee determines is adequate to secure the timely completion of the permit work and restoration of the work site and affected public property and rights-of-way.
(F) Refund of Permit Fees: The Village Manager, directly or through his or her designee, may approve a partial or full refund of Permit Fees under the following conditions:
1. Permitted work has not started and it is not practical to transfer the issued permit from the contractor to the property owner or to replace contractors on a permit issued to the property owner;
2. The total issued permit cost before plan review fees and plumbing or electrical inspections exceeds $1,000; and
3. The request for refund is jointly signed by the property owner and contractor, and is made on a form provided by the Village that includes a request to close the permit, an explanation of the refund request and an averment that the refund will be returned to the appropriate party.
Fees paid for required inspections not conducted may be returned in full; the base fee for a building permit may be returned less any direct costs to the Village, including but not limited to plan review and actual staff costs for processing the permit and processing the refunded permit. (Ord. 2904, 4-21-2016; amd. Ord. 3084, 4-15-2021; Ord. 4030, 11-17-2022)