(A) When A Permit Is Required:
1. Before land is cleared, graded, transported or otherwise disturbed by the movement of earth for purposes including, but not limited to, the construction of buildings, the mining of minerals, including sand and gravel, the development of golf courses and the construction of driveways, roads and streets or any alterations to the topography of proposed or existing developments by any person within the Village, a site development permit embodying the proposed earth movement shall be obtained from the Village where development comes under any one or more of the following provisions unless such development is exempted therefrom by subsection (A)2 of this section:
a. Excavation, fill or any combination thereof, will exceed three hundred (300) cubic yards. (Ord. 18-09, 8-27-2018, eff. 1-1-2019)
b. Excavation, fill or any combination thereof, will disturb an area exceeding five thousand (5,000) square feet in size. (Ord. 19-14, 7-22-2019)
c. Plant cover is to be removed from an area exceeding twenty thousand (20,000) square feet on any vacant parcel of land or on any parcel of land exceeding ten (10) acres in size.
2. A site development permit shall not be required in the following cases:
a. Excavations below finished grade for septic tanks and drainfields, tanks, vaults, tunnels, equipment basements, swimming pools, cellars or footings of buildings or structures for which a building permit shall have been issued by the Village, unless part of a development which would otherwise require such a permit.
b. Tilling of the soil for fire protection purposes.
c. Engaging in the following, but only if in connection with farming or other agricultural activities:
(1) The construction of sod waterways, or
(2) The construction of terraces, or
(3) The construction of surface water diversions, or
(4) The construction of grade stabilization structures, or
(5) The tilling of the soil for agricultural purposes.
(B) Permit Application:
1. No site development or building permit shall be issued until the applicant submits a site development plan prepared by an engineer or landscape architect, together with other submissions required by these regulations, and certifies that any land clearing construction or development involving the movement of earth shall be in accordance with such plan and submissions.
2. Each application for a site development permit shall be made by the owner of the property or his authorized agent to the Village Building Officer on a form furnished for that purpose. When grading or plant cover removal is proposed as part of building construction and falls within the limitations of subsection (B)1 of this section, a combined application may be made for the site development permit and the building permit. In such instances, a site development plan and the building permit application shall be submitted to the Village Building Officer in the number of copies he requires. In the above instance, a land surveyor shall certify as to the accuracy of the existing and proposed contours. Each application shall be accompanied by the following unless the Building Officer finds any item unnecessary to ensure compliance with the provisions of these regulations. To the extent determined appropriate by the Building Officer, prior or concurrent submittals to the Plan Commission under the Village subdivision regulations or to the Zoning Board of Appeals under the Village zoning ordinance may be utilized for applications under this chapter rather than be substantially duplicated. No exemption from subsection B(2)a of this section shall be granted to any applicant who intends to move in excess of five hundred (500) cubic yards of dirt:
a. For site developments, provide a vicinity sketch showing acreage of site, boundary line survey, zoning, type of proposed sewer and water facilities, location of existing utilities, buildings and drains on and within one hundred feet (100') of the site, together with a legend and scale. There shall be included on or with such a vicinity sketch:
(1) A soil map of the subject property showing the predominant soil types on the site.
(2) Enough information on those areas abutting or adjacent to the site to show existing drainage patterns and the drainage course that may affect or be affected by the development of the site.
(3) The name and address of the developer and/or owner.
(4) The name and address of any consulting firm retained by the applicant, together with the name of applicant's principal contact at such firm.
(5) Limits of natural flood plain(s), if any.
(6) Areas to be sodded, seeded, mulched or paved.
(7) Acreage of area to be vegetatively stabilized, if any.
(8) Areas to be left undisturbed.
b. For proposed site grading, provide a topographic map of the site and the adjacent one hundred foot (100') wide peripheral strip showing existing and proposed contours, final structure and street elevations, street profiles, if any, and what measures will be employed to protect cut and fill slopes from surface erosion.
c. Proposed stormwater drainage plans shall be submitted together with a tributary area drainage map and hydraulic analysis of the existing and proposed site drainage. In addition, the following data will be submitted to show what the existing conditions are at the proposed and natural outlets for the site.
(1) Whether the drainage course is bare earth or vegetated.
(2) Whether the proposed outlet will be in open sun, open shade or dense shade.
(3) Whether the natural or proposed outlet is subject to intermittent, long term or continuous flow.
(4) Whether the existing outlet is actively eroding.
(5) Whether there is evidence of a high water table (permanent or seasonal).
(6) Whether the area is subject to seepage or spring flow.
(7) The elevation of normal water level in all proposed and natural outlets.
(8) A profile below outlet for a sufficient distance to indicate the natural gradient of the accepting natural outlet and/or stream channel (200 foot minimum).
(9) A cross-section and profile of existing stream channels where applicable.
(10) A ditch design and computations for all seeded, sodded or bare earth outlets, ditches and similar water conduction facilities.
d. Estimate schedule and phasing of development of the site:
Phase I | Stripping and/or clearing |
Phase II | Rough grading and construction |
Phase III | Final grading and vegetative establishment |
Phase IV | Maintenance |
All erosion and sediment control plans submitted to the Village Building Officer for approval shall show all the erosion and sediment control measures needed to provide protection throughout all the phases of construction listed above. These plans shall also include any off-site borrow and spoil areas, sewer lines, utility lines and haul and access roads and shall further indicate:
(1) The date when site clearing will commence.
(2) Duration of exposure of disturbed areas.
(3) Installation of temporary sediment control measures (vegetative and structural) by phase and date.
(4) Installation of storm drainage by phase and date.
(5) Paving of driveways, streets and parking areas, if any, by phase and date.
(6) Establishment of permanent vegetative cover (plans will show what will be done to shorten the duration of exposure of disturbed areas as soon after grading as possible), including seeding mixes and rates, type of sod, seedbed preparation, seeding dates, lime and fertilizer application, temporary seedings, if needed, mulching or similar stabilization procedures.
(7) Details of all structural sediment control measures.
(8) Computations for sediment basins, if any.
e. The most recent edition of the "Illinois Procedures and Standards for Urban Soil Erosion and Sedimentation Control", excluding pages 5 - 36 of the appendix, as compiled by the Soil and Water Conservation District of Northeastern Illinois through the Northeastern Illinois Soil Erosion and Sedimentation Control Steering Committee, is hereby incorporated into this section and made part hereof by this reference in order to provide direction as to the consideration of factors which should enter into the preparation of a site development plan.
(C) Review: To further the specific purposes of these regulations, the following review procedures are established:
1. Processing Of Site Development Application: The Village Building Officer shall review all site development applications. In so doing, the Building Officer when necessary or appropriate may obtain assistance from and rely on advice or determinations of the Village Engineer. Following such review, the Building Officer, in writing, shall: a) approve the site development application if he finds it to be in conformance with the provisions of these regulations and issue a permit; b) approve the site development application subject to such reasonable conditions as he may deem necessary to secure substantially the objectives of these regulations, and issue a permit subject to those conditions; or c) disapprove the site development application.
2. Prohibition Of Earth Removal: No site development permit shall be issued for an intended building site unless:
a. Such permit is accompanied by or combined with a valid building permit issued by the Village, or
b. The proposed earth moving is coordinated with any overall plan previously approved by the Village for the area in which the site is situated.
(D) Appeals:
1. The applicant or any adjoining property owner (disregarding intervening streets and roads) may appeal the decision of the Village Building Officer to the Barrington Hills Plan Commission within fifteen (15) days after the date of said decision. Upon receipt of an appeal, the Plan Commission shall schedule and hold a public hearing after giving fifteen (15) days' published notice thereof. Within thirty (30) days following said hearing, the Plan Commission shall transmit its findings and recommendations in writing to the Village President and Board of Trustees for final disposition. Factors to be considered on review shall include, but not be limited to, possible saturation of fill and unsupported cuts by water, both natural and domestic; run-off surface waters that produce erosion and silting of drainage ways; excessive or unnatural run-off; nature and type of soil or rock that, when disturbed by the proposed grading, may create each movement and produce slopes that cannot be landscaped; and excessive and unnecessary scarring of the natural landscape through grading or removal of vegetation.
2. The person or persons appealing the decision of the Building Officer shall be responsible for notifying adjoining and contiguous property owners a minimum of fifteen (15) days in advance of the public hearing. Streets and roads shall be disregarded in determining adjoining and contiguous properties. If applicant directly or indirectly owns or controls the adjoining and contiguous property, notice shall be given to the owner of the next adjoining and contiguous property. Proof of notification shall be presented to the Plan Commission at the time of hearing in the form of a written receipt from each adjacent owner or proof of mailing to the last known address in the case of an absent owner, such mailing to have been accomplished with sufficient time to give at least fifteen (15) days' notice to the owner prior to the hearing date. Lack of proper notification to adjacent property owners will be reason for refusal of a hearing on the subdivision by the Plan Commission.
(E) Responsibility: Failure of the Village officials to observe or recognize hazardous or unsightly conditions or to recommend denial of the site development permit or of the Village Building Officer or Plan Commission to deny said permit, shall not relieve the permittee from responsibility for the condition or damage resulting therefrom, and shall not result in the Village, its officers or agents being responsible for any condition or damage resulting therefrom.
(F) Retention Of Plans: Plans, specifications and reports for all site developments shall be retained in original form by the Village Building Officer in the Village offices.
(G) Inspections: The Village Building Officer shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the permittee wherein the same fails to comply with the site development plan. Where it is found by inspection that conditions are not substantially as stated or shown in the said plan, the Village Building Officer may stop further work until approval is obtained for a revised site plan conforming to the existing conditions. Plans for all work contemplated by the site plan, bearing the stamp of approval of the Village Building Officer shall be maintained at the site during progress of the work. Until the final inspection is made, a sign issued by the Village indicating permission to work has been granted by the Village shall be prominently displayed on the front property line of the property involved so as to be visible from the street on which the property fronts. In order to obtain inspections in accordance with the following schedule, the permittee shall notify the Village Building Officer at least two (2) full working days before the said inspection is to be made:
1. Preliminary Control Work: When all erosion and sediment control devices for each phase of site development has been completed.
2. Rough Grading: When all rough grading for each phase of site development has been completed; and
3. Final Inspection: When all work, including installation of all drainage and other structures and required planting, has been completed. (Ord. 18-09, 8-27-2018, eff. 1-1-2019)