(A) No Subdivider/Developer shall commence or perform any grading, stripping, or excavating of land, without having first submitted an Erosion Control Plan as part of the Improvement Plan process outlined in Section 34-4-20 and received approval therefor.
(1) The developer shall not be relieved of responsibility for damage to persons or property otherwise imposed by law and the Village or its officers or agents are not made liable for such damage, by:
(a) The approval of a plan under this Ordinance;
(b) Compliance with the provisions of that plan or with conditions attached to it by the Building and Zoning Administrator or any representative or agent to the Village;
(c) Failure of Village Officials to observe or recognize hazardous or unsightly conditions;
(d) Failure of Village Officials to recommend denial of, or to deny a plan; or
(e) Exemptions from the plan requirements of this Ordinance.
(2) Plans, specifications, and reports for all site developments shall be retained with the Subdivision Improvement Plans.
(B) The Erosion Control Plan shall be prepared in accordance with the standards and requirements contained in "Procedures and Standards for Urban Soil Erosion and Sedimentation Control in Illinois", prepared by the Northeastern Illinois Soil Erosion and Sedimentation Control Steering Committee, and recognized by the Monroe County Soil and Water Conservation District.
(C) No Erosion Control Plan shall be approved for any intended development site unless:
(1) Where applicable, the proposed subdivision, planned unit development, or other development has been approved by the Village, or
(2) The proposed site is situated within, and the earthwork is being performed, as part of a Comprehensive Development Plan previously approved by the Village.
(D) Any significant amendments of the approved Erosion Control Plan shall be submitted to the Building and Zoning Administrator or his designated representative, reviewed and approved or disapproved in the same manner as the original plan.
(1) Field modifications of a minor nature may be authorized by the Building and Zoning Administrator or his designated representative by written authorization to the Subdivider/Developer.
(E) Every Erosion Control Plan shall expire and become null and void if the work authorized by such plan has not been commenced within one hundred eighty (180) days or is not completed by a date which shall be specified in the plan.
(1) The Building and Zoning Administrator may grant a reasonable extension of time if written application is made before the expiration date of the plan, and if the developer presents satisfactory evidence that unusual difficulties have prevented work being commenced or completed within the specified time limits.
(F) The Building and Zoning Administrator or his designated representative may authorize exceptions to any of the erosion control requirements and regulations set forth in this Code, in accordance with the following procedures:
(1) An application for any requested exception shall be made by written petition of the Subdivider/Developer and filed with all other documents required as part of the erosion of the erosion control plan.
(2) Said petition shall clearly state the grounds upon which it is based, and the facts relied upon by the Subdivider/ Developer.
(3) In order for said petition to be granted, the Building and Zoning Administrator shall determine all of the following:
(a) That the land referred to in the petition is of such shape or size, or is affected by such physical conditions, or is subject to such
title limitations of record, that it is impossible or impracticable for the applicant to comply with all of the requirements of these provisions;
(b) That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
(c) That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.
(G) If stripping, clearing, grading and/or landscaping are to be done in phases, the Subdivider/Developer shall give notice and request the inspections required in Section 34-4-22 for each separate phase at each of the stages of work listed in said Section.
(1) If the Village determines by inspection at any stage of the earth work that further work, although authorized by an erosion control plan, is likely to imperil property, public ways, watercourses or drainage structures, the Village may require that special precautions be taken in order to minimize the likelihood of such peril and may require said precautions as a condition of allowing the work to continue.
(a) "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; or recommendations from a registered soils engineer and/or engineering geologist.
(2) Should it appear, that damage may result from pending storms because the grading on any development site is not complete, the Village may require that work be stopped, and that the Subdivider/Developer install temporary structures or take such other measures as may be required to protect adjoining property or the public safety.
(3) On large developments or where unusual, site conditions prevail, the Village may specify an allowable time period during which earthwork may be performed or may require that earthwork be conducted in specific stages so as to insure completion of protection measures or devices prior to the advent of seasonal rains.
(H) The Village may waive specific requirements for the content of said plan upon determining the information as submitted is sufficient to show that work will comply with the objectives and principles of this Code.