§ 153.50.135 GRADING REQUIREMENTS.
   (A)   No structure shall be erected, moved or substantially improved or parcel of land filled or excavated within the city, without first obtaining a grading permit.
   (B)   Grading permit. A grading permit will be required (and shall necessitate) the submission of grading plans. The grading plans must be approved by the Director or Public Works and Engineering or authorized designee and a grading permit issued by the city before the following activities can commence:
      (1)   Construction of a new structure in a subdivision or planned unit development where an overall grading plan has been approved by the corporate authorities or a parcel subject to the overall grading plan.
      (2)   Construction of a new structure in an established subdivision or planned unit development that does not have an approved overall grading plan.
      (3)   Structure being moved where a parcel is affected by a structure being moved, including the parcels from which the structure is moved, and the parcel to which it is being moved.
      (4)   Parcel filled or excavated, where the fill or excavation could affect stormwater drainage on the parcel being improved or on adjoining parcels as determined by the Director of Public Works and Engineering.
      (5)   The damming, altering, obstructing or the changing of the natural terrain or a waterway or watercourse carrying natural drainage from upstream properties.
      (6)   Any change to an existing structure, an addition or alteration to an existing structure that could affect stormwater drainage to the parcel being improved or to the adjoining properties.   
   (C)   Grading permit exceptions. A grading permit may not be required for filling or excavation improvements that do not adversely affect stormwater drainage on the parcel being improved or on adjoining parcels as determined by the Director of Public Works and Engineering or authorized designee. Such improvements may include:
      (1)   Additions or alterations to an existing structure;
      (2)   Final landscaping; and/or
      (3)   Construction of sheds, shelters, fences, in-ground pools and retaining walls having a finished height of less than 36 inches.
   (D)   Contents of grading plans. Any proposed grading plan submitted pursuant to the requirements of this chapter shall contain the following:
      (1)   Location of proposed or existing foundation with respect to property lines.
      (2)   Foundation elevation, including the top of foundation and any openings below top of foundation on all new or existing structures or portions thereof. Proposed or existing top of foundation elevation of structures on all adjacent parcels.
      (3)   Existing and proposed spot grades. Proposed contours at a one foot interval.
      (4)   Parcel drainage shall be designed to flow away from the top of foundation. In the event that conditions dictate that some parts of the lot be higher than the structure foundation, the grading plan must show the specific drainage configurations for the parcel specifying that all drainage is to be directed to flow away from the foundation.
      (5)   Structures, walkways, driveways and landscaping shall be installed so that the construction of same will not interfere with drainage. All sidewalks, driveways, patios, and other flat work shall be at an elevation relative to the foundation wall so that water will drain away from the structure on all sides and off the lot in a manner which will provide reasonable freedom from erosion and permanently pocketed surface water.
      (6)   All overflow routes for the 100-year storm and for accumulated storm water runoff from several lots or form off-site catchment areas must be clearly designated on the grading plan with the total width of the flow route contained within an easement for drainage purposes.
      (7)   Original signed and sealed copy of plan shall be provided. Plan shall be signed and sealed by an Illinois Licensed Professional Engineer.
   (E)   Procedures. 
      (1)   A grading plan shall be submitted and a grading permit obtained for all development activities in division (B) above.
      (2)   A written request for a grading permit determination shall be submitted to the Director of Public Works and Engineering prior to commencing with the development activities in division (B) above.
      (3)   After the foundation has been completed, a top of foundation spot survey shall be performed to insure compliance with building setback requirements and approved grading plan.
      (4)   After the structure on the parcel has been substantially completed, the Director of Public Works and Engineering or authorized designee will inspect the site to determine if the grading has been performed in substantial conformance with the approved grading plan. No final occupancy permit will be issued unless and until final grading has been performed in compliance with the approved grading plan.
   (F)   Issuance of a building permit. No building permit shall be issued without a concurrent application for the issuance of a grading permit. In the case of an internal building change, that is a change occurring completely within a building, or as provided in division (C), grading permit exceptions above, a grading permit will not be required. The issuance of a building permit and the grading permit shall be concurrent.
   (G)   Issuance and administration of grading permits.
      (1)   The Director of Public Works and Engineering or authorized designee will be responsible for the issuance of all grading permits, and shall be responsible for the administration of this section.
      (2)   If the work described in the grading permit has not been substantially completed within one year of the date of issuance, the permit shall be expired and be cancelled by the Director of Public Works and Engineering. No work shall proceed on the cancelled permit until a new grading permit has been issued by the city.
   (H)   Final grade survey. Immediately after the final grading has been accomplished, but before seeding, sodding or landscaping takes place, the permittee shall conduct a final rough grade survey to determine if the grading has been done in conformity with the approved grading plan. The final grade survey must be submitted and approved by the Director of Public Works and Engineering or authorized designee prior to the issuance of a final occupancy.
   (I)   Easements. Whenever a natural watercourse, waterway, drainage, swale or the like draining five tributary acres or more, crosses through a parcel of any part of a parcel, a drainage easement will be required before a grading permit or a building permit will be issued. The Director or Public Works and Engineering will verify the total tributary area draining through the subject parcel or part thereof, and the expected runoff to determine the required capacity of the natural watercourse and make recommendations on size of permanent easements.
   (J)   Protective ground cover; specifications. Immediately after final grading has been accomplished and approved by the city, protective groundcover shall be installed. The protective groundcover shall be installed within the growing season in which the occupancy permit is to be issued. If weather does not permit the installation of protective groundcover, a cash bond in an amount sufficient to guarantee the completion of installation of the protective groundcover shall be furnished; however in no case shall the completion of the installation of the protective groundcover be more that the current growing season, or June 15 of the next growing season. Alternative protective groundcover other that grass or sod must secure approval of the Director of Public Works and Engineering at the time the grading plan is reviewed.
   (K)   Seeded areas. All portions of the parcel not having pavement, sidewalks or other similar type materials placed thereon are to be provided with protective groundcover. If the protective groundcover is seed, seed blanket, and/or hydro-seed, the following suggestions are made in preparing the area:
      (1)   Place top soil on area to be graded an average depth of six inches and grade as required to finished grades established on the approved grading plan.
      (2)   Prepare a firm seed bed free of clods or stones.
      (3)   Apply fertilizer in sufficient rates of application to establish satisfactory growth in the seeded area.
      (4)   Select a suitable seeding mixture that will produce permanent groundcover within a reasonable time.
      (5)   Broadcast the seed uniformly over the parcel.
      (6)   Apply mulch on all sites where slopes exceed ten feet in length and where slopes are steeper than four feet horizontal to one foot vertical.
      (7)   On grassed waterways, where sod is not used, a fibrous or synthetic erosion control netting shall be applied. The fibrous or synthetic erosion control netting shall be secured with six inches long metal staples or No. 8 wire along all edges at 12 inches on center. All joints are to overlap in the netting a minimum of four inches and secured with staples a minimum of four inches apart.
   (L)   Sodded areas. Where protective groundcover is to consist of sod, it is suggested the permanent lawn areas to be sodded be prepared in the following manner:
      (1)   All areas shall be provided with adequate top soil having an average thickness of six inches and graded as required to finished grades established on the approved grading plan. Top soil shall be scarified as required.
      (2)   A dense cultivation sod of bluegrass, bromegrass or rescue shall be installed. Only moist, fresh sod shall be used.
      (3)   Sod should be installed in Spring or Fall or as moisture requirements are met and when the ground is not frozen.
      (4)   Sufficient irrigation shall be provided to insure the growth of newly installed sod. The obligation to furnish irrigation when sprinkling restrictions are in effect remain the responsibility of the permittee.
   (M)   Approval of ground cover. The Director of Public Works and Engineering may approve a ground cover of a substance other than grass, as long as the groundcover maintains the proposed storm water runoff capabilities of the area to be so landscaped in substantial conformity with the degree of groundcover that would be accomplished if grass were installed so long as the substance other than grass is not injurious to the health, safety and welfare of the surrounding residents.
   (N)   Conditional occupancy permit. 
      (1)   If a parcel cannot be final graded because of adverse weather conditions or other conditions beyond the control of the permittee, the building official, with concurrence from the Director of Public Works and Engineering may issue a conditional occupancy permit. The conditional occupancy permit shall be effective for only the reasonable number of days sufficient to sustain the adverse weather conditions or the other conditions that were beyond the permittee's control. In those instances where a conditional occupancy is to be issued, the permittee shall furnish a cash bond in an amount sufficient to guarantee the installation and successful growth of the protective groundcover. In no case shall the cash bond be in excess of the total cost to the city to have the work done by an outside contractor.
      (2)   At the time of issuance of a conditional occupancy permit, the permittee, builder or owner shall sign a document informing them of the provisions necessary to obtain a final occupancy permit. The document referred to herein shall be signed by the permittee, builder or owner prior to the time the conditional occupancy permit is issued. At the time of application for a conditional occupancy permit, the building official shall determine the reasonable number of days for permittee's compliance with the requirements of a final occupancy permit based upon the weather conditions or other conditions that made the issuance of a final occupancy unreasonable because of the conditions.
   (O)   Non-conformity with approved plans. Any deviation from the approved grading plans as attached to the grading permit shall require the following: the resubmission of a grading plan indicating what changes are necessary as a result of the noncompliance with the approve grading plans. The revised grading plan application shall include the same information as required in the case of application for the original grading permit. All work on the parcel shall terminate until the time as new grading plans are submitted by the permittee and approved by the city. All persons aggrieved by a decision of decisions of the Director of Public Works and Engineering shall have the right of appeal to the corporate authorities by serving a seven days' written notice on the corporate authorities. A hearing on the appeal shall be conducted with notice given to adjoining property owners in all cases involving appeals that may have a substantial adverse effect on adjoining property.
   (P)   Final occupancy permit. Upon completion of the final grading and the installation of protective groundcover in substantial conformity with the approved plans, a final occupancy permit shall be issued to the holder of the grading permit; however, in those cases where nonconformity with the city ordinances do not permit the issuance of a final occupancy permit, the permit shall not be issued. Determination of conformity with the approved grading plans shall be made by the Director of Public Works and Engineering.
   (Q)   Grading permit fees.
      (1)   Review and inspection. The fee for a grading permit shall be $500 for an attached or detached single-family home, and $185 per unit for a multi-unit building. The fee shall be considered to cover the city’s expenses related to the review of the proposed grading plan, top of foundation spot survey, final grade survey and the inspection of the final grade and landscaping.
      (2)   Re-reviews/re-insp ections. The permittee shall be required to pay a fee of $150 for the third and all subsequent re-views of grading surveys and inspections. Re-reviews and re-inspections will not be performed until all fees have been paid.
      (3)   Plan preparation/surveys. All costs for providing grading plans, grading surveys or any other material required to be furnished by this section shall be underwritten by the permittee at the permittee’s expense.
      (4)   Reimbursement of additional fees. At its discretion, the city may elect to hire a professional consulting firm to complete grading plan or survey reviews and/or inspections. The permittee shall reimburse the city any and all engineering review and inspection fees incurred that exceed the amounts collected in divisions (1) and (2) above.
   (R)   Vacant property. Vacant property shall be graded and maintained in conformity to the established streets grades at curb level. The lot shall be maintained free from the accumulation of rubbish and all other unsafe of hazardous conditions which endanger the life, safety or health of the public. Provision shall be made to prevent the accumulation of water or damage to any adjoining property. The lot shall be properly maintained with suitable groundcover to prevent soil erosion or accumulation of weeds.
(Ord. 18-008, passed 2-7-18; Am. Ord. 21-021, passed 8-18-21; Am. Ord. 24-013, passed 5-15-24)