§ 11-6-3. Action of permit after filing and examination of application.

A.

A permit application shall be denied if the applicant was not the original applicant for the final site plan approval or final plat approval. The permit may be approved after a review of the prior Village Board final site plan or final plat approval.

B.

If proposed work and use conform to requirements of this Chapter and other pertinent laws and ordinances, a permit shall be issued.

1.

To proceed with the proposed work, the fees prescribed by Section 11-7-1 shall have been paid. One set of documents, so reviewed and approved, shall be retained by the Director of Code Enforcement or the Fire Prevention Bureau. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the Director of Code Enforcement or the Fire Prevention Bureau or a duly authorized Village representative.

C.

A permit placard shall be issued with the permit. The permit placard shall be conspicuously posted on the premises when the construction begins or class of use or occupancy is changed and shall remain posted during the course of the work.

D.

If a substantial start is not diligently pursued within six months, or if work is not completed within one year, the permit shall be declared void by the Director of Code Enforcement. Residential construction must be completed within one year. All permit fees paid shall be forfeited when permit becomes void. The Director of Code Enforcement is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause shall be demonstrated.

E.

A building permit for residential construction may be suspended after foundation inspection if the property under construction is adjacent to one or more homes where an occupancy permit has been issued more than one year prior and within the same subdivision of land and the permitted yard area is left without final grade and sod for a period of 120 days or more. The Village Engineer may proceed to final grade, seed or sod and the building permit shall not be reinstated until reimbursement for such cost is made.

F.

A Final Certificate of Occupancy shall only be issued once all improvements required under the Village Code and the Village Board approved plan, documents and conditions are completed by the developer, and inspected and approved by the Village. Such inspection and approval shall not constitute acceptance of any public improvements. A Temporary Certificate of Occupancy may be issued for a building or a portion thereof if it is found that the condition of the building and the lighting, heating, water supply, sewage disposal and other sanitary facilities available to the occupancy provide a reasonable degree of safety, and the site improvements and other approval requirements meet the requirements set forth below. A specific timeline for completion and cost estimates for unfinished work shall be furnished prior to issuance.

1.

If cash deposits, letters of credit or bonds held under Section 10-7-1 are less than 110 percent of the amounts of all improvements (public and private for the benefit of the public) necessary for a Final Certificate of Occupancy, then an additional letter of credit, bond or cash deposit shall be required as a condition of the issuance of a Temporary Certificate of Occupancy so that the total of all bonds, cash deposits, and letters of credit equal 110 percent of the cost of all improvements required.

2.

No Temporary Certificate of Occupancy shall be held for more than the time limits as set forth herein. If a Certificate of Occupancy cannot be issued by the Village within such time limits, the Village shall have the right, but not the obligation, to draw upon developer funds to cause the project to be completed. Should the Village draw upon the developer fund, the Village shall charge an administrative fee of a minimum of $1,000.00, 20 percent of the cost of improvements, or the actual administrative cost to the Village, whichever is greater.

3.

The following residential subdivision and lot improvements shall be completed by the developer and inspected and approved by the Village Engineer prior to the issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for any dwelling. Such inspection and approval shall not constitute subdivision or public improvement acceptance.

a.

All on-site and off-site public and private infrastructure improvements, landscaping (other than Village installed street trees), and all other improvements for the entire phase required under the Village Code and the Village Board approved plans, documents and conditions, including but not limited to, streets (including street lights, signage and striping), looped water main system, storm sewer and basin system, sanitary sewer (including lift stations as required) and grading for the entire subdivision unit for which approval has been received shall be complete. The Village Board shall determine the size of subdivision phase units at the time of subdivision plat approval. No building permit (except foundation permits, if permitted by the Director of Code Enforcement) shall be issued for any residential lot prior to the installation of a paved access road and looped water system for fire suppression in accordance with the requirements of the Fire Prevention Bureau.

The final lift on the streets shall be completed by the developer, and inspected and approved by the Village Engineer prior to the issuance of a Final Certificate of Occupancy or Temporary Certificate of Occupancy for any dwelling after the first 50 percent of the dwelling units in an approved phase except that upon a finding of special circumstance and posting of additional security, the Village Manager may waive the 50 percent requirement.

b.

Residential sites shall be complete prior to the issuance of Temporary Certificate of Occupancy, with only minor adjustments being required. All lot improvements, including, but not limited to, final grading survey, sod, trees and other landscaping on the lot and adjacent right of way (except Village installed street trees), and tree preservation measures on the lot (and adjacent lots as necessary), for the lot occupied by the dwelling shall be constructed by the developer and inspected and approved by the Village prior to the issuance of a Final Certificate of Occupancy for any individual lot with a dwelling. Final grading on the lot shall be complete, and an as-built lot survey in conformance with the approved plans and Village Code shall be submitted to the Village Engineer, in a timely manner as determined by the Director of Code Enforcement prior to a Final Certificate of Occupancy request. Sod and other landscape material shall be installed on the lot prior to the issuance of a Final Certificate of Occupancy. For attached dwellings, a Certificate of Occupancy for the first unit in a building shall only be issued if the exterior of the entire building is complete, including landscaping and driveways (except for seasonal conditions).

4.

Non-residential sites shall be complete prior to the issuance of a Final Certificate of Occupancy or with only minor adjustments being a requirement. The non-residential site improvements shall be completed by the developer, and inspected and approved by the Director of Code Enforcement prior to the issuance of a Final Certificate of Occupancy for any building or site. Such inspection and approval shall not constitute acceptance of any public improvements. No building permit (except foundation permits at the discretion of the Director of Code Enforcement) shall be issued for any development prior to the installation of a looped water system for fire suppression in accordance with the requirements of the Fire Prevention Bureau and the installation of a paved access road, or access approved by the Fire Chief.

5.

A Temporary Certificate of Occupancy permit may issued when seasonal conditions, which do not permit the completion of minor site items (exterior of the building), or minor adjustments are present as determined by the Director of Code Enforcement. Such conditions may only occur between November 1 and April 30, with the actual effective dates in any given year determined by the Director of Code Enforcement in consideration of weather and field conditions. The Director of Code Enforcement shall provide written notice give 14 days prior to the effective dates.

a.

A residential Temporary Certificate of Occupancy may only be held for 30 days after a seasonal condition is no longer in effect and only for remaining exterior items that cannot be completed due to seasonal conditions, as specified in this Code. The Building Official shall have the right to suspend issuance of building permits in a subdivision if there are any Temporary Certificates of Occupancy that have expired in such subdivision that were issued to such builder.

b.

The builder shall provide notice to the owner and occupant regarding the issuance of a Temporary Certificate of Occupancy and the limitations of that certificate. A copy of the notice signed by the owner and occupant shall be submitted to the Building Official prior to the issuance of a Temporary Certificate of Occupancy.

c.

The Building Official shall have the right to withhold issuance of any other building permit in a residential subdivision due to conflicts with the Temporary Certificate of Occupancy.

d.

The Village Engineer shall have the right, but not the obligation, to utilize funds from the subdivision letter of credit, bond or cash deposit, to address any deficiencies from an expired Temporary Certificate of Occupancy, and the owner shall, as part of the notice requirement stated above, provide permission for the Village and their agents to enter and work on the property to address any such deficiencies.

e.

A non-residential Temporary Certificate of Occupancy may only be held for a maximum of 90 days, excluding seasonal conditions, as specified in this Code. If only exterior items remain that cannot be completed due to seasonal conditions, then the fee may be waived by the Director of Code Enforcement from November 1 through April 30. The Director of Code Enforcement shall have the right to suspend the issuance of any building permits for a building occupied under an expired Temporary Certificate of Occupancy.

G.

Following completion of each building or structure other than a single family residence and its accessories and other than multi-family dwelling buildings of three stories or less of living area constructed in an area to which Chapter 12 of the Hoffman Estates Municipal Code is applicable, applicant shall submit to the Code Enforcement Division a certificate signed by a Illinois licensed architect, structural or professional engineer that the construction is in compliance with the requirements of this Chapter and other pertinent laws and ordinances.

(Ord. No. 4694-2018, § 3, 11-19-18)