§ 164.149 EFFECTIVE PERIOD.

   No order of the County Board granting a variation shall be valid for a period longer than one year from the date of the order unless a building permit or site development permit is obtained within the period and the erection or alteration of a building, any excavation or grading, is started or the use is commenced within the period. The Board may grant an extension of this period, valid for no more than 180 additional days, upon written application and good cause shown, without notice or hearing. The Board may grant one additional extension of this period, valid for no more than 180 additional days, upon written application within the initial extension and upon good cause shown without notice or hearing. If any of the benefits conferred by any variation, whether heretofore or hereafter granted, are abandoned, or are not utilized for any continuous period of one year, the variation shall, to the extent of the abandonment or non-utilization, become invalid after a public hearing as provided for herein.

(Ord. 10-164, passed 6-17-2010)

§ 164.150 REVERSION.

   (A)   Scope of authority. A variance shall be reverted or revoked as provided in this section if the testimony upon which the variance was falsely given.

   (B)   Initiation. Reversions may be proposed by the County Board, Planning and Zoning Commission, or by any person aggrieved by a variance from this chapter.

   (C)   Processing. The process for reverting a variance shall be as follows.

      (1)   An application for a reversion shall be filed with the Chief Subdivision Engineer and shall be in a form, contain information and be accompanied by those plans as the Planning and Zoning Commission by rule may require.

      (2)   A copy of the application shall thereafter be forwarded by the Chief Subdivision Engineer to the Planning and Zoning Commission with a request to hold a public hearing.

      (3)   The Planning and Zoning Commission shall hold a public hearing within 90 days after receiving the application from the Chief Subdivision Engineer. Notice of the time and place of the hearing shall be published at least once, not less than 15 days before the hearing in a newspaper of general circulation in the county. A copy of the notice of public hearing shall be mailed to the Clerk of each municipality within the same watershed where the variance was granted. Copy of the notice shall be mailed by registered letter to the current interest holders of the land as found on the last tax assessment.

      (4)   The Planning and Zoning Commission shall within 60 days after the hearing transmit a written report giving its findings and recommendations to the County Board.

   (D)   Decision. The County Board, upon recommendation of the Planning and Zoning Commission, may grant or deny any proposed reversion or may refer it back to the Planning and Zoning Commission for further consideration.

   (E)   Permits affected by reversion. When a reversion action has been initiated, no building permit or site development permits for the site shall be issued, until the County Board has decided the matter of the reversion.

(Ord. 10-164, passed 6-17-2010)

ADMINISTRATION

§ 164.160 RESPONSIBILITY FOR ADMINISTRATION.

   (A)   The County Board shall determine policy related to this chapter.

   (B)   The Chief Subdivision Engineer shall administer this chapter. In performing his or her duties, the Chief Subdivision Engineer may delegate and oversee enforcement of responsibilities to any named designee.

   (C)   The county shall remain solely responsible for unincorporated county’s standing in the national flood insurance program, including:

      (1)   The maintenance of all records and the submission of all reports required for eligibility in the program, including elevation certificates, flood proofing certificates and lowest floor elevations; and

      (2)   The notification of the Director of the County Stormwater Management Committee, FEMA and IDNR-OWR of any proposed amendment to this chapter.

(Ord. 10-164, passed 6-17-2010)

§ 164.161 DUTIES OF COUNTY EXECUTIVE.

   The County Executive shall supervise the enforcement of this chapter.

(Ord. 10-164, passed 6-17-2010)

§ 164.162 DUTIES OF CHIEF SUBDIVISION ENGINEER.

   The Chief Subdivision Engineer shall:

   (A)   Receive a listing of all required federal, state, regional and county permit applications filed for the project prior to issuing a permit under this chapter for areas covered by other stormwater related jurisdictions. The Chief Subdivision Engineer may request copies of the stormwater related permit applications;

   (B)   Ascertain whether any floodplains/floodways exist on any site that is the subject of an application for a permit under this chapter and whether or not any new development is within the SFHA;

   (C)   Review permit applications and determine whether to issue or deny permits;

   (D)   Ensure that the required notice of an application for a variance has been given in accordance with §§ 164.143, 164.166 and 164.167;

   (E)   Notify an applicant for a variance that the variance may result in increased rates for flood insurance;

   (F)   Notify the Director of an application for a variance;

   (G)   Provide for inspections of developments as required by this chapter;

   (H)   Investigate complaints of violations of this chapter;

   (I)   Notify violators within regulatory floodplains that failure to comply with the provisions of the national flood insurance program could make them ineligible to receive flood insurance;

   (J)   Initiate any proceeding necessary to enforce this chapter;

   (K)   Advise, consult and cooperate with other governmental agencies to promote the purposes of this chapter;

   (L)   Maintain copies of all applications and submittals, federal and state permits, variances, CLOMR, LOMR, CLOMA, LOMA and all documentation associated with any of the foregoing for public inspection;

   (M)   Maintain documentation and data on the cost of any improvement to a structure in the floodplain in order to enforce the provisions of this chapter pertaining to substantial improvements to those structures; and

   (N)   Notify adjacent communities in writing 30 days prior to issuing a permit for the alteration or relocation of a watercourse.

(Ord. 10-164, passed 6-17-2010)

§ 164.163 REPRESENTATIVE CAPACITY.

   In all cases when any action is taken by the Chief Subdivision Engineer or his or her duly appointed designee, to enforce the provisions of this chapter, the action shall be taken either in the name of the county and neither the Chief Subdivision Engineer nor his or her designee, in so acting shall be rendered personally liable.

(Ord. 10-164, passed 6-17-2010)

§ 164.164 OVERSIGHT COMMITTEE.

   The Land Use and Development Committee shall act as the oversight committee for the county.

(Ord. 10-164, passed 6-17-2010)

§ 164.165 PLANNING AND ZONING COMMISSION.

   (A)   Generally. Unless otherwise stated herein, the Planning and Zoning Commission’s creation, membership, meetings and rules, and its finality of decisions shall follow § 14.4 of the County Zoning Ordinance.

   (B)   Jurisdiction. The Planning and Zoning Commission is hereby vested with the following jurisdiction and authority:

      (1)   To hear appeals from any order, requirement, decision or determination made by the Chief Subdivision Engineer under this chapter;

      (2)   To hear and pass upon application for variations from the terms provided in this chapter in the manner prescribed by, and subject to, the standards established herein; and

      (3)   To hear and make recommendations to the County Board on all matters as is required under this comprehensive amendment as prescribed by statute.

(Ord. 10-164, passed 6-17-2010)