A.   Permit Required: Before land is cleared, graded, excavated, transported or otherwise disturbed by the movement of earth for purposes including, but not limited to, the construction of buildings, the mining of minerals, including sand and gravel, the streets by any person, or any alterations to the topography of proposed or existing developments, a site development or alteration permit embodying the proposed earth movement shall be obtained from the permit officer and plans submitted with the permit application in conformance with section 8-3-2 of this code, where development comes under any one or more of the following provisions, unless such development is exempted therefrom by subsection B of this section:
      1.   Excavation, fill, or any combination thereof, which will exceed one hundred (100) cubic yards or the construction of a "berm" as defined in this chapter.
      2.   Excavation will exceed four feet (4') in depth at its deepest point from existing ground surface.
      3.   Excavation, fill, or any combination thereof will exceed an area of five thousand (5,000) square feet of ground surface.
      4.   Plant cover is to be removed from an area exceeding five thousand (5,000) square feet on any vacant parcel of land in excess of ten (10) acres. (Ord. 800, 6-28-1999)
   B.   Exemptions From Permit: A permit is not required for the following:
      1.   Excavations below finished grade for septic tanks and drain fields, tanks, water pipes, vaults, tunnels, equipment basements, swimming pools, cellars, or footings of buildings or structures for which a building permit shall have been issued by the Village, unless part of a development which would otherwise require such a permit.
      2.   Excavation or removal of vegetation in public utility easements by public utility companies for the purpose of installing underground utilities.
      3.   Tilling of the soil for fire protection purposes.
   C.   Application For Permit:
      1.   No site development or building permit shall be issued until the developer submits a site development plan, together with other submissions required by this chapter and chapter 5 of this title and certifies that any land clearing construction or development involving the movement of earth shall be in accordance with such plan and submissions.
      2.   Each application for a site development permit shall be made by the owner of the property or his authorized agent to the permit officer on a form furnished for that purpose. When grading or plant cover removal is proposed as a part of a building permit application, the building permit application and the site development permit application may be combined, and one plot plan, in the number of copies required by the permit officer, may be submitted showing building plans and site development plans. A registered civil engineer shall certify as to the accuracy of the existing and proposed contour lines. The requirements for individual lots ordinarily can be met by reference to a subdivision or planned unit development for which a site development permit has been issued. Each application shall be accompanied by the following, unless the permit officer finds any item unnecessary, to ensure compliance with the provisions of this chapter; provided, that the permit officer shall grant no exemption from subsection C2a of this section to any applicant who intends to move in excess of five hundred (500) cubic yards of dirt:
         a.   With respect to site developments, a vicinity sketch showing acreage of site, boundary lines, zoning, type of proposed sewer and water facilities, location of existing utilities, buildings and drains on and within one hundred feet (100') of the site; provided however, that in the event adjacent property owners refuse access to their property so that exact measurements may not be furnished, then the best available information regarding such utilities, buildings and drains on such property shall be acceptable, together with a legend and scale. There shall be included on or with such a vicinity sketch:
            (1)   A soil map of the subject property showing the predominant soil types of the site based on the soil maps prepared by the United States department of agriculture or soil borings for the specific property.
            (2)   Such information of those areas abutting or adjacent to the site as show existing drainage patterns and the drainage course that may affect, or be affected by, the development of the site.
            (3)   The name and address of the developer or owner.
            (4)   The name and address of any consulting firm retained by the applicant, together with the name of applicant's principal contact at such firm.
            (5)   Limits of natural floodplain(s), if any, as defined in the floodplain provisions of this code 1 .
            (6)   Areas to be sodded, seeded, mulched, or paved.
            (7)   Acreage of area to be vegetatively stabilized, if any.
            (8)   Areas to be left undisturbed.
         b.   With respected to site grading, existing topography of the site and a one hundred foot (100') adjacent peripheral strip, proposed contours and final grades, and street profiles, and indicating what measures will be employed to protect cut and fill slopes from surface runoff. In the event adjacent property owners will not permit access to their property so that accurate measurements of property within one hundred feet (100') can be furnished as required by this subsection C, then approximate dimensions of adjacent property shall be acceptable.
         c.   Storm drainage by means of a plan based upon a storm drainage study, including a drainage area map and computations, and indicating existing conditions at proposed and natural outlets, including:
            (1)   Whether the drainage course is hard earth or vegetated.
            (2)   Whether the constructed outlet will be located in open sun, open shade, or dense shade.
            (3)   Whether the natural or proposed outlet is subject to long term or continuous flow.
            (4)   Whether the existing outlet is actively eroding.
            (5)   Whether there is evidence of a high water table (permanent or seasonal).
            (6)   Whether the area is subject to seepage or spring flow.
            (7)   The elevation of normal water level in all proposed and natural outlets.
            (8)   A profile below outlet for a sufficient distance to indicate the natural gradient of the accepting natural outlet and/or stream channel.
            (9)   A cross section and profile of existing stream channels where applicable.
            (10)   A ditch design and computations for all seeded, sodded, or bare earth outlets, ditches and similar water conduction facilities.
         d.   Estimate schedule and phasing of development of the site, as follows:
Phase I: Stripping and/or clearing
Phase II: Rough grading and construction
Phase III: Final grading and vegetation establishment
Phase IV: Maintenance
All erosion and sedimentation control plans submitted to the permit officer for approval shall show all erosion and sediment control measures planned to provide protection throughout all the phases of construction listed above. These plans shall also include any off site barrow and spoil areas, sewer lines, utility lines, and haul and access roads, and shall further indicate:
            (1)   The start of clearing date.
            (2)   Duration of exposure of disturbed areas.
            (3)   Installation of temporary sediment control measures (vegetative and structural) by phase and date.
            (4)   Installation of storm drainage by phase and date.
            (5)   Paving of streets and parking areas, if any, by phase and date.
            (6)   Establishment of permanent vegetative cover (plans will show what will be done to shorten the duration of exposure of disturbed areas as soon after grading as possible), including seeding mixes and rates, type of sod, seedbed preparation, seeding dates, lime and fertilizer application, temporary seedings, if needed, mulching, or similar stabilization procedures.
            (7)   Details of all structural sediment control measures.
            (8)   Computations for sediment basins, if any. (1977 Code § 6-1-6; amd. 2004 Code)
   D.   Permit Review Procedures: The permit officer shall issue a site development permit upon compliance with the conditions established by the Village Board and upon compliance with other applicable provisions of this code and other ordinances.
   E.   Conditions Of Permit: No site development permit shall be issued for an intended building site unless:
      1.   Such permit is accompanied by or combined with a valid building permit issued by the Village; or
      2.   The proposed earth moving is coordinated with an overall plan previously approved by the Village for the area in which the site is situated. (1977 Code § 6-1-10; amd. Ord. 800, 6-28-1999; 2004 Code)
   F.   Expiration Of Permit; Extensions: Every site development permit shall expire by limitation and become null and void if the work authorized by such permit has not been commenced within one hundred eighty (180) days, or is not completed within one year from date of issue; except, that the permit officer may, if the permit holder presents satisfactory evidence that unusual difficulties have prevented work being started or completed within the specified time limits, grant a reasonable extension of the permit. (1977 Code § 6-1-5)
   G.   Revocation Or Suspension Of Permit:
      1.   Revocation Or Suspension Authorized: In the event any person holding a site development or alteration permit pursuant to this chapter violates the terms of the permit, or conducts or carries on said site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood of the property of the permittee, or conducts or carries on said site development so that it is materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the permit officer shall temporarily revoke or suspend the permit.
      2.   Procedure:
         a.   No site development permit shall be permanently revoked or suspended until a hearing is held by the Zoning Board of Appeals. Written notice of such hearing shall be served upon the permittee, either personally or by certified or registered mail; such notice to be deemed given upon deposit of the same in the mail, and shall state:
            (1)   The grounds for complaint or reasons for the revocation or suspension, in clear and concise language.
            (2)   The time when, and the place where, such hearing is to be held.
         b.   Such notice shall be served by certified or registered mail or personal service on the permittee not less than five (5) days prior to the date set for the hearing.
         c.   At any such hearing, the permittee shall be given an opportunity to be heard, and he may call witnesses and present evidence on his behalf.
         d.   Upon conclusion of such hearing, the Zoning Board of Appeals shall determine whether or not the permit shall be suspended or revoked. (1977 Code § 6-1-7)
         e.   At its next regularly scheduled meeting, the Board of Trustees shall consider the recommendation of the Zoning Board of Appeals and shall make a determination to suspend or revoke the permit.
      3.   After all the conditions as to notice to the permittee, as set forth in subsection G2 of this section, have been fulfilled, the Zoning Board of Appeals shall hold the hearing at its next regularly scheduled meeting and shall consider recommendations to the Board of Trustees for permanent revocation or suspension of permits which have been temporarily suspended. (2004 Code)



1. See chapter 5 of this title.