A. Purpose: It is the purpose of this section to control the construction and use of manmade berms, and thereby to protect the public interest through the control of storm water drainage within the village.
B. Applicability Of Regulations: These regulations shall apply to all lands within the corporate limits of the village. (Ord. 2001-O-02, 2-28-2001)
C. Definition: For the purposes of this section, a "berm" shall be defined as a manmade earthen mound which:
1. Exceeds eighteen inches (18") in height above the adjacent ground surface, and
2. Occupies more than one hundred (100) square feet of surface area, or
3. Obstructs any overland storm water drainage flow pattern. (Ord. 2001-O-04, 3-28-2001)
D. Permit Required: No construction of a berm or series of berms shall commence until an application for a permit has been applied for and a permit issued. Such application shall include a recent topographic survey of the property, including the area one hundred feet (100') beyond the property boundaries, with one foot (1') contours, showing existing structures, existing underground utilities (i.e., sanitary sewer, storm sewer, water main, etc.), existing drainage patterns, existing property lines and easement lines, existing trees and vegetation limits, proposed berm location, proposed contours at one foot (1') minimum, proposed drainage patterns, a typical section of the berm, proposed landscaping, the name and address of the property owner, and erosion control details and specifications. The plans shall be signed and sealed by a professional engineer licensed in the state of Illinois. The application and accompanying materials shall be reviewed by the village engineer prior to the issuance of a permit.
E. Requirements: All berms shall meet the following requirements:
1. The berm shall be constructed in accordance with the provisions of section 9-115.1 of the Illinois highway code 1 .
2. Berms shall not be constructed within existing easements. However, an easement may be established for the specific purpose of defining and containing the berm. (Ord. 2001-O-02, 2-28-2001; amd. Ord. 2001-O-04, 3-28-2001)
3. The toe of the berm shall be a minimum of five feet (5') from any property line, except in cases where the berm is a continuation of an existing berm constructed before the enactment of this section, in which case the setback from the property line shall be the same as the existing berm. However, in no case shall a berm be constructed that violates any other provision of this section. (Ord. 2005-O-03, 1-26-2005)
4. All berms shall have a maximum slope of four feet (4') horizontal to one foot (1') vertical.
5. All berms shall be designed and constructed in conformance with the terms of the village watershed development ordinance, section 12-1-1 et seq., as amended, of this code.
6. Berms shall not modify the existing drainage patterns and shall not create additional runoff of storm water to adjacent properties.
7. All landscaping shall conform to the provisions of section 7-1-12 et seq., as amended, of this chapter.
F. Nuisance Declared: The corporate authorities hereby declare that the construction, maintenance or allowance of any berm that does not conform to the regulations set forth herein shall constitute a public nuisance and shall be subject to abatement as prescribed in section 4-6-3, as amended, of this code. (Ord. 2001-O-02, 2-28-2001; amd. Ord. 2001-O-04, 3-28-2001)
Notes
| 1 | 1. 605 ILCS 5/9-115.1. |