(a) Prior to disturbing, building on, grading, clear cutting, or developing property in an ecologically sensitive area, the property owner or his authorized representative must first obtain a permit from the Planning and Zoning Commission. Such permit shall only be granted upon the presentation of evidence that the proposed activity/development will not adversely impact the ecologically sensitive area or any neighboring property. The person seeking the permit shall have the burden of proof, by preponderance of the evidence, that the proposed activity/development will have no adverse ecological impact.
(b) The Planning and Zoning Commission may conduct additional investigations of the property and hear other evidence concerning the proposed development and its ecological impact, separate from that evidence presented to it by the property owner.
(c) In order to protect the ecologically sensitive area or any neighboring property, the Planning and Zoning Commission may establish conditions and require the permit holder to comply with such conditions. The permit shall list the conditions established by the Planning and Zoning Commission and shall state that the permit holder is required to comply with any conditions established by the Planning and Zoning Commission and with all applicable federal, state and local laws and regulations.
(d) The Planning and Zoning Commission is authorized to revoke the permit of a permit holder who fails to comply with any condition or requirement of the permit or fails to adhere to any applicable federal, state or local laws and regulations. If the permit holder’s permit application includes a Village address, written notice of permit revocation shall be delivered to the permit holder by the Police Department. If the permit holder’s permit application does not include a Village address, written notice shall be forwarded to the permit holder via certified mail. A notice of permit revocation shall state that the permit holder has thirty (30) days from delivery of the notice to file an appeal of the permit revocation with the Board of Zoning Appeals.
(Ord. 2009-16. Passed 12-14-09.)