(a) The Building Commissioner may grant a Temporary Building Occupancy Permit where the ultimate occupant of a structure, or the person responsible to install permanent vegetation, is unable to install the same at the time such person intends to occupy or use the structure. Where such permanent vegetation cannot be installed because of adverse weather conditions, such temporary permit may not be issued until the applicant has deposited with the Village an amount no less than one thousand dollars ($1,000), nor more than three thousand dollars ($3,000), as determined by the Building Commissioner depending upon the lot size and/or grading involved. The purpose of said deposit shall be to insure that permanent vegetation will be properly installed within the time limit established by the Building Commissioner in the temporary permit and, further, that such vegetation shall have appropriately matured so that the Building Commissioner is reasonably satisfied that such vegetation will not have to be substantially replaced.
(b) In the event the recipient of such temporary Building Occupancy Permit has not timely installed or properly installed such permanent vegetation, such additional deposit shall be forfeited to the Village upon application of the Building Commissioner to the Planning Commission and upon approval of the Planning Commission at a public meeting, for which the owner of deposited funds shall have been given notice and an opportunity to show cause why such deposit should not be forfeited.
(c) In addition to such forfeiture, where the circumstances described in the preceding paragraph exist, the Building Commissioner may also seek forfeiture of the Plot Plan deposit required under Section 1466.12. The procedure for seeking such additional forfeiture shall be the same as described in the preceding paragraph.
(d) A condition of the grant of such a temporary Building Occupancy Permit under this section shall be the obligation of the applicant (and owner, if different from applicant) to sign a written consent form allowing the Village to use the deposits referred to in this section to reimburse the Village for installation of permanent vegetation in the event the same is not timely completed. Furthermore, such form shall provide for irrevocable consent to the Village or its agents, employees, contractors, or subcontractors to enter upon the owner's property to install permanent vegetation in conformity with the approval plans for control of erosion and siltation. Upon installation of the permanent vegetation, the Building Commissioner may issue a final occupancy permit if the Building Commissioner is assured of compliance with all provisions of this chapter and any other provisions of the Building Code for the Village.
(Ord. 2016-40. Passed 12-12-16.)