(A) Permit necessity. Except as otherwise provided in this chapter, no person shall commence or perform any clearing, grading, stripping, excavating, or filling of land which meets the following provisions without having first obtained a site development permit from the permitting authority of the village:
(1) Any land disturbing activity, such as clearing, grading, stripping, excavation, fill, or any combination thereof, that will affect an area in excess of 5,000 square feet.
(2) Any land disturbing activity that will affect an area in excess of 500 square feet if the activity is within 25 feet of a lake, pond, stream, or wetland.
(3) Excavation, fill, or any combination thereof that will exceed 100 cubic yards.
(B) Exceptions. A permit shall not be required for any of the following provided that the person responsible for any such development shall implement necessary soil erosion and sediment control measures to satisfy the principles set forth in § 157.03:
(1) Excavation below final grade for the basement and footings of a single family residence and appurtenant structures on a site in excess of two acres for which a building permit has been issued by the village.
(2) Agricultural use of land, including the implementation of conservation measures included in a farm conservation plan approved by the Will-South Cook Soil and Water Conservation District or the Grundy County Soil and Water Conservation District, and including the construction of agricultural structures.
(3) Installation, renovation, or replacement of a septic system to serve an existing dwelling or structure.
(C) Application. Application for a site development permit shall be made by the owner of the property or authorized agent to the permitting authority on a form furnished for that purpose. Each application shall bear the names and addresses of the owners or developers of the site and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filling fee of $150. Each application shall include certification that any land clearing, construction, or development involving the movement of earth shall be in accordance with the plans approved upon issuance of the permit.
(D) Submissions. Each application for a site development permit shall be accompanied by the following information:
(1) A vicinity map in sufficient detail to enable easy location in the field of the site for which the permit is sought, and including the boundary line and approximate acreage of the site, existing zoning, and a legend and scale.
(2) A development plan of the site showing:
(a) Existing topography of the site and adjacent land within approximately 100 feet of the boundaries, drawn at no greater than two foot contour intervals and clearly portraying the conformation and drainage pattern of the area.
(b) The location of existing buildings, structures, utilities, streams, lakes, flood plains, wetlands and depressions, drainage facilities, vegetative cover, paved areas, and other significant natural or man made features on the site and adjacent land within 100 feet of the boundary.
(c) A general description of the predominant soil types on the site their location, and their limitations for the proposed use.
(d) Proposed use of the site, including present development and planned utilization; areas of clearing, stripping, grading, excavation, and filling; finished grades, and street profiles; provisions for storm drainage, including storm sewers, swales, detention basins and any other measures to control the rate of runoff; a drainage area map, indications of flow directions, and computations; kinds and locations of utilities; and areas and acreages proposed to be paved, covered, sodded or seeded, vegetatively stabilized, or left undisturbed.
(3) An erosion and sediment control plan showing all measures necessary to meet the objectives of this chapter throughout all phases of construction and permanently after completion of development of the site, including:
(a) Location and description, including standard details, of all sediment control measures and design specifics of sediment basins and traps, including outlet details.
(b) Location and description of all soil stabilization and erosion control measures, including seeding mixtures and rates, types of sod, method of seed bed preparation, expected seeding dates, type and rate of lime and fertilizer application, kind and quantity of mulching for both temporary and permanent vegetative control measures, and types of non-vegetative stabilization measures.
(c) Location and description of all runoff control measures, including diversions, waterways, and outlets.
(d) Location and description of methods to prevent tracking of sediment offsite, including construction entrance details, as appropriate.
(e) Description of dust and traffic control measures.
(f) Locations of stockpiles and description of stabilization methods.
(g) Description of off-site fill or borrow volumes, locations, and methods of stabilization.
(h) Provisions for maintenance of control measures, including type and frequency of maintenance, easements, and estimates of the cost of maintenance.
(i) Identification (name, address, and telephone) of the persons or entities which will have legal responsibility for maintenance of erosion control structures and measures during development and after development is completed.
(4) The proposed phasing of development of the site, including stripping and clearing, rough grading and construction, and final grading and landscaping.
(a) Phasing should identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and the sequence of installation of temporary sediment control measures (including perimeter controls) clearing, grading, installation of temporary soil stabilization measures, installation of storm drainage, paving streets and parking areas, final grading and the establishment of permanent vegetative cover, and the removal of temporary measures. It shall be the responsibility of the applicant to notify the permitting authority of any significant changes which occur in the site development schedule after the initial erosion and sediment control plan has been approved.
(b) These submissions shall be prepared in accordance with the requirements of this chapter and the standards and requirements contained in “Standards and Specifications for Soil Erosion and Sediment Control” (the Yellow Book) published by the Illinois Environmental Protection Agency and the “Illinois Procedures and Standards for Urban Soil Erosion and Sedimentation Control” (the Green Book) prepared by the Northeastern Illinois Soil Erosion and Sedimentation Control Steering Committee and adopted by the Will-South Cook Soil and Water Conservation District, which standards and requirements are hereby incorporated into this chapter by reference.
(c) The permitting authority may waive specific requirements for the content of submissions upon finding that the information submitted is sufficient to show that the work will comply with the objectives and principles of this chapter.
(E) Bonds. The applicant is required to file with the village a faithful performance bond or bonds, letter of credit, or other performance/improvement security satisfactory to the village attorney in an amount deemed sufficient by the permitting authority to cover all costs of improvement, landscaping, maintenance of improvements and landscaping, and soil erosion and sediment control measures for such period as specified by the village in the site development permit, and engineering and inspection cost to cover the cost of failure or repair of improvements installed on the site.
(F) Review and approval. Each application for a site development permit shall be reviewed and acted upon according to the following procedures:
(1) The permitting authority will review each application for a site development permit to determine its conformance with the provisions of this chapter. The permitting authority may also refer any application to any other local government or public agency within whose jurisdiction the site is located for review and comment. Within 30 days after receiving a completed application, the permitting authority shall in writing:
(a) Approve the permit application if it is found to be in conformance with the provisions of this chapter, and issue the permit.
(b) Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this chapter, and issue the permit subject to these conditions.
(c) Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application or submission.
(2) No site development permit shall be issued for an intended development site unless:
(a) The site development plan, including but not limited to subdivisions and planned unit development, has been approved by the village where applicable.
(b) All relevant federal and state permits, such as for flood plains and wetlands, have been received for the portion of the site subject to soil disturbance.
(3) Failure of the permitting authority to act on an original or revised application within 30 days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the permitting authority and the applicant. Pending preparation and approval of a revised plan, development activities may be allowed to proceed in accordance with conditions established by the permitting authority.
(G) Expiration of permit. Every site development permit shall expire and become null and void if the work authorized by such permit has not been commenced within 180 days, or is not completed by a date which shall be specified in the permit; except that the permitting authority may, if the permittee presents satisfactory evidence that unusual difficulties have prevented work being commenced or completed within the specified time limits, grant a reasonable extension of time if written application is made before the expiration date of the permit. The permitting authority may require modification of the erosion control plan to prevent any increase in erosion or offsite sediment runoff resulting from any extension.
(H) Appeals. The applicant, or any person or agency which received notice of the filing of the application, may appeal the decision of the permitting authority as provided in § 157.04(F), to the Planning and Zoning Commission. Upon receipt of an appeal, the Planning and Zoning Commission shall schedule and hold a public hearing, after giving 15 days notice thereof. The Planning and Zoning Commission shall render a decision within 30 days after the hearing. Factors to be considered on review shall include, but need not be limited to, the effects of the proposed development activities on the surface water flow to tributary and downstream lands, any comprehensive watershed management plans, or the use of any retention facilities; possible saturation of fill and unsupported cuts by water, both natural and domestic; runoff surface waters that produce erosion and silting of drainageways; nature and type of soil or rock which when disturbed by the proposed development activities may create earth movement and produce slopes that cannot be landscaped; and excessive and unnecessary scarring of the natural landscape through grading or removal of vegetation.
(I) Retention of plans. Plans, specifications, and reports for all site developments shall be retained in original form or on microfilm by the permitting authority.
(Ord. 868, passed 11-20-95)