A. Permit Required: Except as otherwise provided in this chapter, no person shall commence or perform any grading, stripping, excavating or filling of land without having first obtained a site development permit from the building commissioner of the village.
B. Agricultural Use Excepted: A permit shall not be required for any agricultural use of land, including the implementation of conservation measures included in a farm conservation plan approved by the soil and water conservation district and the building commissioner and including the construction of agricultural structures. While a permit shall be required, no separate fee shall be charged for the repair, renovation or replacement of a septic system to serve an existing dwelling or structure provided that a septic permit has been granted by the building commissioner for such work.
C. Application For Permit: Application for a site development permit shall be made by the owner of the property or owner's authorized agent to the building commissioner on a form furnished for that purpose. Each application shall bear the name(s) and address(es) of the owner or developer 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 such filing fee as required by and as specified from time to time in section 1-10-7 of this code. Each application shall include certification that any land clearing, construction or development involving the movement of each 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, which information shall be subject to review and approval by the building commissioner:
1. Vicinity Map: 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. Development Plan: A development plan of the site showing:
a. Topography: Existing topography of the site and adjacent land within approximately one hundred feet (100') beyond the boundaries, drawn at no greater than two foot (2') contour intervals and clearly portraying the conformation and drainage pattern of the area; provided, however, the building commissioner may, in the building commissioner's reasonable discretion, require the existing topography of a more extensive area to be shown.
b. Existing Appurtenances: The location of existing buildings, structures, utilities, water bodies, floodplains, drainage facilities, vegetative cover, paved areas and other significant natural or manmade features on the site and adjacent land within approximately one hundred feet (100') beyond the boundary; provided, however, the building commissioner may, in the building commissioner's reasonable discretion, require the location of such features in a more extensive area to be shown.
c. Soil Type Description: A general description of the predominant soil types on the site, their location and their limitations for the proposed use.
d. Proposed Use: Proposed use of the site, including present development and planned utilization; areas of excavation, grading and filling; proposed contours, finished grades and street profiles; provisions for storm drainage, including the control of accelerated runoff, with a drainage area map and computations; kinds and locations of utilities and areas and acreages proposed to be paved, covered, sodded or seeded, vegetatively stabilized or left undisturbed.
e. Proposed Elevations: Proposed respective elevations for the top of any foundation, kneewall, retaining wall and/or stepdowns to be constructed on the site.
3. Erosion And Sedimentation Control Plan: An erosion and sedimentation control plan showing:
a. All erosion and sedimentation control measures necessary to meet the objectives of this chapter throughout all phases of construction and permanently after completion of development of the site.
b. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application and kind and quantity of mulching for both temporary and permanent vegetative control measures.
c. Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.
d. Identification of the person(s) or entity which will have legal responsibility for maintenance of erosion control structures and measures after development is completed.
4. Proposed Phasing Of Development: The proposed phasing of development of the site, including stripping and clearing, rough grading and construction, final grading and landscaping. Phasing should identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, the sequence of clearing, installation of temporary sediment control measures, installation of storm drainage, paving streets and parking areas and establishment of permanent vegetative cover in accordance with the Lake County Watershed Development Ordinance (the “LCWDO”), as it may be amended from time to time.
5. Standards And Requirements Incorporated: These submissions shall be prepared in accordance with the standards and requirements contained in the LCWDO as amended from time to time, which standards and requirements are hereby incorporated into this Chapter by reference.
6. Waiver Of Requirements: The building commissioner 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.
7. Tree Preservation Plan: Each application for a site development permit shall be accompanied by a tree survey and a tree preservation plan, and no site development permit shall be approved by the building commissioner unless a tree preservation plan in compliance with title 11, chapter 1 of this code has been submitted to and approved in advance by the village administrator.
E. Review And Approval: Each application for a site development permit shall be reviewed and acted upon according to the following procedures:
1. The building commissioner will review each application for a site development permit to determine its conformance with the provisions of this chapter. The building commissioner 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 thirty (30) days after receiving an application, the building commissioner 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 this chapter and issue the permit subject to these conditions; or
c. Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission.
2. No site development permit shall be issued for an intended development site unless:
a. The development, including, but not limited to, subdivisions and planned unit development, has been approved by the village where applicable; or
b. Such permit is accompanied by or combined with a valid building permit issued by the village; or
c. The proposed earthmoving is coordinated with any overall development program previously approved by the village for the area in which the site is situated.
F. Appeals: The applicant, or any person or agency which is aggrieved by the decision of the building commissioner under this chapter, may appeal that decision to the zoning board of appeals. Upon receipt of an appeal, the zoning board of appeals shall schedule and hold a public hearing as soon as practical after giving fifteen (15) days' notice thereof. The zoning board of appeals shall render a recommended decision to the board of trustees within thirty (30) days after the completion of such hearing. The board of trustees shall, as soon thereafter as practical, render a decision on said appeal. 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.
G. Retention Of Plans: Plans, specifications and reports for all site developments shall be retained in original form or on microfilm by the building commissioner. (Ord. 2011-O-07, 4-6-2011; amd. Ord. 2021-O-12, 9-7-2021)