(A) General. All clearing, grading, stripping, excavating, and filling which is subject to the permit requirements of this chapter shall be subject to the applicable standards and requirements set forth in this section.
(B) Liability. The permittee shall not be relieved of responsibility for damage to persons or property otherwise imposed by law, and the village or its officers or agents will not be made liable for such damage, by (1) the issuance of a permit under this chapter, (2) compliance with the provisions of that permit or with conditions attached to it by the permitting authority, (3) failure of village officials to observe or recognize hazardous or unsightly conditions, (4) failure of village officials to recommend denial of or to deny a permit, or (5) exemptions from the permit requirements of this chapter.
(C) Site design requirements.
(1) On-site sediment control measures, as specified by the following criteria, shall be constructed and functional prior to initiating clearing, grading, stripping, excavating or fill activities on the site.
(a) For disturbed areas draining less than one acre, filter barriers (including filter fences, straw bales, or equivalent control measures) shall be constructed to control all offsite runoff as specified in referenced hand books. Vegetated filter strips, with a minimum width of 25 feet, may be used as an alternative only where runoff in sheet flow is expected.
(b) For disturbed areas draining more than one but less than five acres, a sediment trap or equivalent control measure shall be constructed at the downslope point of the disturbed area.
(c) For disturbed areas draining more than five acres, a sediment basin or equivalent control measure shall be constructed at the downslope point of the disturbed area.
(d) Sediment basin and sediment trap designs shall be in accordance with the Yellow and Green Book.
(e) The sediment storage shall be sized to store the estimated sediment load generated from the site over the duration of the construction period with a minimum storage equivalent to the volume of sediment generated in one year. For construction periods exceeding one year, the one year sediment load and a sediment removal schedule may be substituted.
(2) Stormwater conveyance channels, including ditches, swales, and diversions, and the outlets of all channels and pipes shall be designed and constructed to withstand the expected flow velocity from the 10-year frequency storm without erosion. All constructed or modified channels shall be stabilized within 48 hours, consistent with the following standards:
(a) For grades up to 4%, seeding in combination with mulch, erosion blanket, or an equivalent control measure shall be applied. Sod or erosion blanket or mat shall be applied to the bottom of the channel.
(b) For grades of 4% to 8%, sod or an equivalent control measure shall be applied in the channel.
(c) For grades greater than 8%, rock, riprap, or an equivalent control measure shall be applied, or the grade shall be effectively reduced using drop structures.
(3) Disturbed areas shall be stabilized with temporary or permanent measures within seven calendar days following the end of active disturbance, or redisturbance, consistent with the following criteria:
(a) Appropriate temporary or permanent stabilization measures shall include seeding, mulching, sodding, and non-vegetative measures.
(b) Areas having grades greater than 12% shall be stabilized with sod, mat or blanket in combination with seeding, or equivalent.
(4) Land disturbance activities in stream channels shall be avoided, where possible. If disturbance activities are unavoidable, the following requirements shall be met:
(a) Construction vehicles shall be kept out of the stream channel to the maximum extent practicable. Where construction crossings are necessary, temporary crossings shall be constructed of non-erosive material, such as riprap or gravel.
(b) The time and area of disturbance of stream channels shall be kept to a minimum. The stream channel, including bed and banks, shall be restabilized within 48 hours after channel disturbance is completed, interrupted, or stopped.
(c) Whenever channel relocation is necessary, the new channel shall be constructed in the dry and shall be fully stabilized before flow is diverted.
(5) Storm sewer inlets and culverts shall be protected by sediment traps or filter barriers meeting accepted design standards and specifications.
(6) Soil storage piles containing more than ten cubic yards of material shall not be located with a downslope drainage length of less than 25 feet to a roadway or drainage channel. Filter barriers, including straw bales, filter fence, or equivalent, shall be installed immediately on the downslope side of the piles.
(7) If dewatering devices are used, discharge locations shall be protected from erosion. All pumped discharges shall be routed through appropriately designed sediment traps or basins, or equivalent.
(8) Each site shall have graveled (or equivalent) entrance roads, access drives, and parking areas of sufficient length and width to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by shoveling or street cleaning (not flushing) before the end of each workday and transported to a controlled sediment disposal area.
(9) All temporary and permanent erosion and sediment control practices must be maintained and repaired as needed to assure effective performance of their intended function.
(10) All temporary erosion and sediment control measures shall be disposed of within 30 days after final site stabilization is achieved with permanent soil stabilization measures. Trapped sediment and other disturbed soils resulting from the disposal of temporary measures should be permanently stabilized to prevent further erosion and sedimentation.
(D) Handbooks adopted by reference. The standards and specifications contained in “Standards and Specifications for Soil Erosion and Sediment Control” (the Yellow Book) and the “Illinois Procedures and Standards for Urban Soil Erosion and Sedimentation Control” (the Green Book) cited in § 157.04, are hereby incorporated into this section and made a part hereof by reference for the purpose of delineating procedures and methods of operation under site development and erosion and sedimentation control plans approved under § 157.04. In the event of conflict between provisions of such manuals and of this chapter, the chapter shall govern.
(E) Maintenance of control measures. All soil erosion and sediment control measures necessary to meet the requirements of this chapter shall be maintained periodically by the applicant or subsequent land owner during the period of land disturbance and development of the site in a satisfactory manner to ensure adequate performance.
(F) Inspection.
(1) The permitting authority shall make periodic inspections and shall notify the permittee wherein the work fails to comply with the site development or erosion and sedimentation control plan as approved.
(2) If stripping, clearing, grading or landscaping are to be done in phases or areas, the permittee shall give notice and request inspection at the completion of each work stage in each phase or area. If an inspection is not made and notification of the results given within five working days after notice is received by the village from the permittee, the permittee may continue work at his own risk, without presuming acceptance by the village. Notification of the results of the inspection shall be given in writing.
(G) Special precautions.
(1) If at any stage of the grading of any development site the permitting authority determines by inspection that the nature of the site is such that further work authorized by an existing permit is likely to imperil any property, public way, stream, lake, wetland, or drainage structure, the permitting authority may require, as a condition of allowing the work to be done, that reasonable special precautions be considered advisable to avoid the likelihood of such peril. "Special precautions" may include, but shall not be limited to, a more level exposed slope, construction of additional drainage facilities, berms, terracing, compaction, or cribbing, installation of plant materials for erosion control, and recommendations of a registered soils engineer or engineering geologist may be made requirements for further work.
(2) Where it appears that storm damage may result because the grading on any development site is not complete, work may be stopped and the permittee required to install temporary structures or take such other measures as may be required to protect adjoining property or the public safety. On large developments or where unusual site conditions prevail, the permitting authority may specify the time of starting grading and time of completion or may require that the operations be conducted in specific stages so as to ensure completion of protective measures or devices prior to the advent of seasonal rains.
(H) Amendment of plans. Major amendments of the site development or erosion and sedimentation control plans shall be submitted to the permitting authority and shall be processed and approved or disapproved in the same manner as the original plans. Field modifications of a minor nature may be authorized by the permitting authority.
(Ord. 868, passed 11-20-95)