(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEVELOPMENT. The carrying out of any building, agricultural or mining operation, or the making of any change in the use or appearance of land, and the dividing of land into two or more parcels. The following activities or uses shall be taken for the purposes of this section to involve DEVELOPMENT, as defined herein:
(a) Any construction, reconstruction or alteration of a structure to occupy more or less ground area or the on-site preparation for same;
(b) Any change in the intensity of use of land, such as an increase in the number of dwelling units on land, or a material increase in the site coverage of businesses, manufacturing establishments, offices and dwelling units, including mobile homes, campers and recreational vehicles on land;
(c) The commencement of drilling, except to obtain soil samples or the commencement of mining, filling, excavation, dredging, grading or other alterations of the topography;
(d) Demolition of a structure or redevelopment of a site;
(e) Clearing of land as an adjunct of construction for agricultural, private residential, commercial or industrial use;
(f) Deposit or refuse, solid or liquid waste or fill on a parcel of land or the storage of materials;
(g) Construction, excavation or fill operations relating to the creation or modification of any road, street, parking facility or any drainage canal or to the installation of utilities or any other grading activity that alters the existing topography;
(h) Construction or erection of dams, levees, walls, fences, bridges or culverts; and
(i) Any other activity that might change the direction, height or velocity of flood or surface waters.
ORDINARY HIGH WATER MARK or OHWM. The point on the bank or shore up to which the presence and action of surface water is so continuous so as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristics.
SETBACK. The horizontal distance between any portion of a structure or any development activity and the ordinary high water mark of a perennial or intermittent stream, the ordinary high water mark of a lake or pond or the edge of a wetland, measured from the structures or development’s closest point to the ordinary high water mark or edge.
STREAM. A body of running water flowing continuously or intermittently in a channel on or below the surface of the ground. Minute topographic maps of the U.S. Geological survey are one reference for identifying perennial and intermittent streams. For purposes of this section, the term STREAM does not include storm sewers.
(B) (1) No development activity, except as provided below, may occur within the minimum setback which is defined as 75 feet from the ordinary high water mark of streams, lakes and ponds, the edge of wetlands or within a designated depressional area. In no case shall the setback be less than the boundary of the 100-year floodway, as defined by FEMA. These setback requirements do not apply to a stream in a culvert unless the stream is taken out of the culvert as part of development activity. If a culvert functions as a low-flow culvert where water is intended to periodically flow over it, the setback requirements apply.
(2) Development activities may be permitted subject to the establishment of easements, covenants or restrictions running with the land as may be determined to be appropriate by the Village Board within the minimum setback areas if, as a practical matter, they cannot be located outside the setback area or it is found that the development activity is in the public interest. The development activities will only be approved based upon the evidence as the Village Engineer may specify which may, but need not necessarily include a report, prepared by a qualified professional, which demonstrates that they will not adversely affect water quality, destroy, damage or disrupt significant habitat area; adversely affect drainage and/or stormwater retention capabilities; adversely affect flood conveyance and storage; lead to unstable earth conditions, create erosion hazards or be materially detrimental to any other property in the area of the subject property or to the village as a whole, including the loss of open space or scenic vistas.
(3) An applicant for the development approval must stabilize areas left exposed after land surface modification with vegetation normally associated with that stream or wetland. The planting of native riparian vegetation is recommended as the preferred stabilization measure. Other techniques should be used only when and where vegetation fails to control erosion. The preferred alternative is riprap, using natural rock materials where practicable, installed on eroding bank areas in a manner that provides interstitial space for vegetative growth and habitat for macro invertebrates and other stream organisms. Lining of the stream channel bottom is not permitted.
(C) A site development plan must be prepared for any proposed development within, or partly within, the minimum 75-foot setback and should indicate, if applicable:
(1) Dimension and area of parcel showing also the vicinity of the site in sufficient detail to enable easy location in the field of the site for which development permission is sought, and including the boundary line, underlying zoning, a legend, a scale and a north arrow; (This requirement may be satisfied by the submission of a separate vicinity map.)
(2) Location of any existing and proposed structures;
(3) Location of existing or proposed on-site sewage systems or private water supply systems;
(4) Location of any perennial or intermittent stream, lake or pond and its ordinary high water mark;
(5) Location and landward limit of all wetlands;
(6) Location of setback lines, as defined in this section;
(7) Location of the 100-year floodway;
(8) Location of existing or future access roads;
(9) Specifications and dimensions of stream, wetland or other water areas proposed for alterations;
(10) Cross-sections and calculations indicating any changes in flood storage volumes; and
(11) Other information as reasonably requested by the village.
(Ord. 95-03, passed 2-6-1995)
DEDICATION OF LANDS