§ 8-214. Permit denial.

(a)

Standard. If, in the determination of the Village Engineer, the proposed work will unreasonably divert or detain surface water onto adjacent properties or public rights-of-way; alter existing drainage patterns so as to adversely impact adjacent properties or public rights-of-way; increase or concentrate run-off of stormwater onto adjacent properties or the public rights-of-way; or cause some similar adverse impact; and the applicant fails to submit proposed measures that would eliminate the identified adverse impacts, then the request for a Grading and Drainage Permit shall be denied.

(b)

Right to appeal. To the extent a Grading and Drainage Permit is denied pursuant to this section, or an extension is denied pursuant to section 8-213(b), the applicant may, no later than 30 days from the date of said denial, appeal the decision to the Municipal Services Committee.

(c)

Appeal to Municipal Services Committee.

(1)

The Grading and Drainage Permit appeal shall be heard at the earliest available scheduled Municipal Services Committee meeting. Notice of the hearing date to all entitled under this Code shall be provided by the village.

(2)

In reviewing the permit denial, the committee shall consider all written documentation submitted by the applicant in conjunction with the request for a Grading and Drainage Permit. The committee shall apply the standard stated in subsection (a) of this section, in determining whether to affirm or reverse, in whole or in part, the denial of the Grading and Drainage Permit.

(d)

Appeal to Board of Trustees.

(1)

An appeal to the Board of Trustees from any decision of the Municipal Services Committee made pursuant to this section may be initiated by one or more persons or entities, including a unit of local government, aggrieved by the decision or determination of the Municipal Services Committee.

(2)

An appeal shall be filed no later than 30 days after the date of the contested decision. Failure to file a timely appeal shall be ineffective to initiate any appeal pursuant to this section. The request for an appeal shall be filed in writing with the Village Engineer. The appeal shall state with particularity the following:

a.

The name of the party requesting the appeal and its interest in the appeal;

b.

The common address of the subject property;

c.

A statement setting forth the reasons for the appeal; and

d.

The specific relief being sought.

(3)

Upon the timely filing of an appeal, the Village Engineer shall transmit to the Board of Trustees all the papers constituting the record upon which the action appealed from was taken.

(4)

After all due notice has been provided, the Board of Trustees shall consider the appeal at a regular meeting. The hearing by the Board of Trustees shall be a proceeding of record, and an official court reporter shall take a verbatim transcript of the proceeding. The Board shall, by resolution, reverse, affirm or modify the decision.

(5)

The decision of the Municipal Services Committee shall not be modified, unless the Board finds by clear and convincing evidence that the Municipal Services Committee made an error its interpretation of the terms of this section, or of other related policies adopted by the village, and the burden of proof for demonstrating same shall be on the party requesting said appeal. The contested action shall not be reversed or modified except by a majority vote of the members of the Board present and voting.

(Code 1993, § 9-3.4.7; Ord. No. 2003-O-81, 11-11-2003; Ord. No. 2006-O-85, 11-14-2006)