(A) Request for Deviation. A utility requesting a deviation from one (1) or more of the provisions of this Division must do so in writing to the Village Manager and the Village Engineer as a part of the permit application. The request shall identify each provision of this Division from which a deviation is requested and the reasons why a deviation should be granted.
(B) Authority to Grant Deviations. The Village Engineer shall decide whether a deviation is authorized for each provision of this Division identified in the deviation request on an individual basis.
(C) Conditions for Granting of Deviation. The Village Engineer may authorize a deviation only if the utility requesting the deviation has demonstrated that:
(1) One (1) or more conditions not under the control of the utility (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 a Deviation. As a condition for authorizing a deviation, the Village Engineer may require the utility requesting the deviation to meet reasonable standards and conditions that may or may not be expressly contained within this Division but which carry out the purposes of this Division.
(E) Right to Appeal. Any utility aggrieved by any order, requirement, decision or determination, including denial of a deviation, made by the Village Engineer under the provisions of this Division shall have the right to appeal to the Village Manager. The application for appeal shall be submitted in writing to the Village Manager within thirty (30) days after the date of such order, requirement, decision or determination. The Village Manager shall commence consideration of the appeal within seven (7) days after the filing of the appeal and shall timely decide the appeal.
(Ord. 07-2651, passed 11-13-07)