(A) General statement. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word “building” shall include the word “structure”; the word “shall” is mandatory; the word “may” is permissive.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AG DISTRICT. Areas zoned for agricultural use.
ALLEY. A minor way used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
APPROVED PLAN. A set of representational drawings or other documents that have been approved by the city as complying with the provisions of this chapter submitted by an applicant (either as an independent submittal or as part of another development application(s) required by the city code) as a prerequisite to obtaining a building or land disturbance permit and that contain the information and specifications required by the city to minimize erosion and off-site sedimentation from land disturbance activities.
APPLICANT. Any person who makes application for an approved plan or for a building permit for an activity involving building or development that results in land disturbance or for a land disturbance permit, as required by this chapter.
AREA, GROSS. The entire area within the boundary lines of the territory proposed for subdivision, including the area to be dedicated for street and alley rights-of-way and public use.
AREA, NET. The entire area within the boundary lines of the territory proposed for subdivision, less the area to be dedicated for street and alley rights-of-way and public use.
AS-BUILT PLAN. A record drawing or plan prepared and certified by a licensed professional engineer or land surveyor that represents the actual dimensions, contours, elevations and the like of a completed structure, facility or constructed feature.
BARRIER (NATURAL OR ARTIFICIAL). Any street, highway, river, pond, canal, railroad, levee, embankment or screening by a fence or hedge.
BEST MANAGEMENT PRACTICES (BMPs). Physical facilities, schedules of activities, prohibitions of practices, maintenance procedures and other management practices which, when properly designed, installed and maintained, will be effective to prevent or reduce the discharge of water or air pollution associated with land disturbance activities regulated by this chapter.
BLOCK. A platted tract of land entirely surrounded by public highways, streets, streams, waterways, railroad rights-of-way, cemeteries or parks, or a combination thereof. In places where the platting is incomplete or disconnected, the Director shall determine the outline of a BLOCK.
BUILDING. Any structure, whether temporary, semi-permanent or permanent, designed or intended for the support, enclosure, shelter or protection of persons or property.
BUILDING LINE. See SETBACK LINE.
BUILDING PERMIT. A permit issued by the city for the construction, erection or alteration of a structure, building or other improvement.
CERTIFIED CONTRACTOR. A person who has received training and is licensed by a federal, state or local environmental agency to inspect and maintain erosion and sediment control practices.
CERTIFY or CERTIFICATION. Formally attesting that the specific inspections and tests, where required, have been performed and that such tests comply with the applicable requirements of this chapter.
CITY. City of O’Fallon, St. Clair County, Illinois.
CITY COUNCIL or COUNCIL. City Council of O’Fallon, Illinois.
CITY ENGINEER. Director of the Public Works Department of the city or his or her designee(s).
CLEARING. Any act by which vegetative cover, structures or surface material are removed, including, but not limited to, surface layer, root mat or topsoil removal.
CODE. The City of O’Fallon Code of Ordinances.
COMMISSION. Planning Commission of the City of O’Fallon, Illinois.
COMPREHENSIVE PLAN. The Comprehensive Plan of the city or any portion thereof adopted by the city for the coordinated physical development, including, among other things, plans and programs regarding the location, character and extent of highways, transportation routes, bridges, public buildings or uses, utilities, schools, residential, commercial or industrial land uses, parks, forests, dams, drainage facilities and projects affecting the conservation of natural resources of the city.
CUBIC YARDS. The amount of material in excavation and/or fill measured by the method of “average end areas”.
CUL-DE-SAC. The terminus of a dead-end street designed in a circular turnaround.
DEAD-END STREET. A short, minor local street, having only one end open for vehicular traffic and the other permanently terminated by a cul-de-sac.
DESIGN. The arrangement of uses on the land and use of land for easements, lots and rights-of-way, including materials, alignment, grade and width of these elements.
DESIGN STORM. The combination of rainfall depth, duration and distribution of a hypothetical rainfall event with a given likelihood of occurring in any year.
DEVELOPER. Any subdivider or any person, firm, partnership, association, corporation, company, owner, estate or other person, entity or group, or combination thereof, acting as a unit, undertaking or proposing to undertake any act within the scope, intent and purpose or other terms of this chapter.
DEVELOPMENT APPLICATION. All applications required by the city code as a prerequisite to initiation of development, including, but not limited to, a building permit application.
DIRECTOR. Director, Community Development Department of the city, or his or her designee(s), including, but not limited to, the city’s Code Official responsible for application of this chapter and the permitting authority of the city for this chapter.
DRAINAGEWAY. Any channel that conveys surface runoff throughout the site.
ENERGY GRADE LINE. The sum of the elevation of the hydraulic grade line and velocity head.
EROSION. The process by which the ground surface is worn away by the action of the wind, water, ice, gravity or artificial means, and/or land disturbance activities.
EROSION CONTROL. A measure that prevents erosion.
EROSION AND SEDIMENT CONTROL PLAN. A set of plans prepared by or under the direction of a licensed professional engineer indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.
EROSION AND SEDIMENT CONTROL DESIGN CRITERIA. The erosion and sediment control design criteria adopted in writing by the city.
EROSION AND SEDIMENT CONTROL STANDARDS or STANDARDS. The erosion and sediment control design criteria and specifications adopted in writing by the City Engineer.
EXCAVATION/EXCAVATING. Any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.
EXISTING GRADE. The vertical location of the existing ground surface prior to excavation or filling.
FEDERAL PROJECT. Any project on federally owned land that involves land disturbance, or any project that involves land disturbance activity and is administered by a federal agency. Use of federal funds does not necessarily qualify an activity as a FEDERAL PROJECT.
FILL/FILLING. Any act by which, earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by humans to a new location and shall include the conditions resulting therefrom.
FINAL GRADE/FINISHED GRADE. The vertical location of the ground or pavement surface after the grading work is completed in accordance with the site development plan.
FLOOD HAZARD AREA. All land subject to inundation from overflow from natural waterways during a 100-year storm as calculated by approved engineering methods, or areas subject to periodic ponding during the 100-year storm, or areas defined as FLOOD HAZARD AREAS by the Federal Emergency Management Agency (FEMA).
FLOODPLAIN. The floodway and floodway fringe as identified by FEMA Flood Insurance Study for “St. Clair County, Illinois and Incorporated Areas”, dated 11-5-2003, or such other designation of the floodplain as is subsequently adopted by the city, and representing the regulated 100-year water surface and corresponding elevations. The floodway and flood fringe may be revised based on best available data as approved by the State Department of Natural Resources, Office of Water Resources, as long as the developer then subsequently applies and receives an approved map revision by FEMA.
GRADING. Any act by which soil is cleared, stripped, moved, leveled, stockpiled or any combination thereof, and includes the conditions that result from that act.
HILLSIDE AREA. An area with an average slope of 20% or more.
HYDRAULIC GRADE LINE. The height of the free surface of a body of water above the conduit invert elevation. The elevation of the HYDRAULIC GRADE LINE is the sum of the pressure head, plus elevation head of the conduit invert.
IEPA or ILLINOIS EPA. Illinois Environmental Protection Agency.
IMPROVEMENT. Refers to site grading, street work and utilities (including water, sewer, telecommunications, electric, gas and storm water) to be installed or agreed to be installed by the developer on land to be used for public or private streets and easements or other purposes as are necessary for the general use of lot owners in the subdivision.
IMPROVEMENT PLANS. The engineering plans showing types of materials and construction details for the physical structures and facilities to be installed both in, or in conjunction with, the subdivision.
INFRASTRUCTURE PERMIT. A permit issued by the city for the construction or alteration of public improvements to include public infrastructure, including any associated grading, excavation or filling, and the construction of monuments, streets, storm sewers and other drainage appurtenances, storm water detention and drainage, public utilities, sanitary sewers, street markers, sidewalks and/or other development and subdivision improvements.
LAND DISTURBANCE ACTIVITY. Any act by which soil is moved and land changed that may result in erosion or the movement of sediments, and may include tilling, clearing, grading, excavating, stripping, stockpiling, filling and related activities, and the covering of land surfaces with an impermeable material.
LICENSED LAND SURVEYOR. An individual who is duly licensed by the State Department of Professional Regulation, pursuant to the State Professional Land Surveyor Act of 1989 (ILCS Ch. 225, Act 330) to practice surveying.
LOT. A parcel of land intended to be separately owned, rented, developed or otherwise used as a unit.
LOT AREA. The total horizontal area within the boundaries of a lot, exclusive of any land designated for street or alley purposes.
LOT, CORNER. A lot abutting upon two or more streets at their intersection.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two non-intersecting streets as distinguished from a corner lot.
MAJOR STORM. The 100-year design storm.
MAXIMUM EXTENT PRACTICABLE. The use of those best management practices, which, based on sound engineering and hydro-geological principles, will, to the greatest degree possible, given all relevant considerations, including technology, climate and site conditions, minimize erosion and sedimentation from a site during and after development.
MINOR STORM. The design storm for the storm drainage facility.
NATURAL DRAINAGE. Channels formed in the existing surface topography of the earth prior to changes made by unnatural causes.
OPEN RECREATIONAL SPACE. Any land, under single ownership, which is dedicated to open, outdoor recreational uses such as golf courses or ball fields, and which is submitted for city development approval as a single plan and developed pursuant to one grading plan.
PARCEL. All contiguous land in one ownership.
PARKING LANE. An auxiliary lane of a street used primarily for vehicular parking.
PERENNIAL VEGETATION. Grass or other appropriate natural growing vegetation that provides substantial land cover, erosion protection and soil stability and that is capable of sustained and healthy growth over multiple years under the constraints of shade, temperature and moisture that will be prevalent on the site. For the purposes of this chapter, annual grasses that do not regenerate after winter, ornamental plants or shrubs that do not offer effective erosion and sediment protection, and plants that are not suitable for the expected growing conditions on the site shall not be considered PERENNIAL VEGETATION.
PERIMETER CONTROL. A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
PERMIT. A building permit for activities involving building or development resulting in land disturbance and a land disturbance permit for activities resulting in land disturbance, that does not involve building or development.
PERMIT HOLDER. The owner or contractor who is issued a permit.
PERMITTEE. Any person to whom a site development permit is issued.
PERSON. Any individual, firm or corporation, public or private, the state and its agencies or political subdivisions, and the United States of America, its agencies and instrumentalities, and any agent, servant, officer or employee of any of the foregoing.
PHASING. Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.
PLANS. All of the drawings including plats, cross-sections, profiles, working details and specifications, which the developer prepares or has prepared to show the character, extent and details of improvements required in this chapter, and which plans shall conform to any requirements of the city as to scale and details for submittal to the appropriate officials of the city for consideration, approval or disapproval.
PLAT. The maps, drawings, charts and other documents complying with all applicable provisions of this chapter which constitute the plan for subdivision and which the developer submits to the city for consideration of approval and intends in final form to record.
PLAT, FINAL. A plat drawn in ink upon Mylar and conforming to the requirements of § 154.023 of this chapter.
PLAT, PRELIMINARY. A plat drawn upon tracing paper or other materials from which reproductions can be made and conforming to the requirements of § 154.021 of this chapter.
PROFESSIONAL ENGINEER. An engineer duly licensed by the State Department of Professional Regulation, pursuant to the Professional Engineering Practice Act of 1989 (ILCS Ch. 225, Act 325) to practice engineering.
REMOVAL. In relation to removal of vegetation, REMOVAL includes the cutting of vegetation to the ground or to stumps, complete extraction or killing by spraying.
RESPONSIBLE PERSONNEL. Any foreperson, superintendent or project engineer designated in the permit or in an approved plan, as the person in charge of on-site land disturbance activities or erosion and sediment control associated with land disturbance activities.
RE-SUBDIVISION. See SUBDIVISION.
ROAD, COUNTY. A term denoting a tract of land which is used primarily for the purpose of vehicular movement and includes all of the facilities and improvements within the rights-of-way. This tract of land must have been presented to and accepted by the County Engineer.
ROADBED. The graded portion of a street upon which the base course, surface course, shoulders and median are constructed.
ROADWAY. The entire improved portion of the street, including shoulders, parking lanes, travel way, curbs and gutter which lies between the rights-of-way lines.
SEDIMENT. Soils or other materials transported or deposited by the action of wind, water, ice, gravity or artificial means.
SEDIMENT CONTROL. Measures that prevent eroded sediment from leaving the site.
SETBACK LINE. The line parallel to the front, side or rear lot line establishing the minimum space to be provided as the front, side or rear yard.
SITE. A lot or parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.
SITE DEVELOPMENT. Altering terrain and/or vegetation to accommodate improvements and structures.
SITE DEVELOPMENT PERMIT. A permit issued by the city for the construction or alteration of ground improvements and structures for the control of erosion, runoff and grading.
SLOPE. The inclined surface of a fill, excavation or natural terrain expressed as a ratio of horizontal distance to vertical distance over a measured inclined surface.
SOIL. The unconsolidated mineral and organic material (i.e., earth, sand, gravel, rock or other similar material) on the immediate surface of the earth that serves as a natural medium for the growth of land plants.
STABILIZATION. The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION. The first land-disturbing activity associated with a development, including land preparation such as clearing, grading and filling; installation of streets and walkways; excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
STATE PROJECT. Any project on state-owned land that involves land disturbance activity or any project that involves land disturbance activity and is administered by a state agency. Use of state funds does not necessarily qualify an activity as a STATE PROJECT.
STORM SEWER SYSTEM. Any conveyance or system of conveyances for storm water, including road with drainage systems, streets, catch basins, curbs, gutters, ditches, human-made channels or storm drains, as well as any system that meets the definition of a municipal separate storm sewer system or “MS4”, as defined by the Environmental Protection Agency in 40 C.F.R. § 122.26.
STORM WATER. Storm water runoff, snowmelt runoff and surface runoff and drainage.
STREAM. Any river, creek, brook, branch, flowage, ravine or natural or human-made drainageway which has a definite bed and banks or shoreline, in or into which surface or groundwater flows, either perennially or intermittently. For purposes of this chapter, a STREAM does not include very small headwater swales or ditches which generally would not be mapped on U.S.G.S. 7.5 minute quadrangle maps.
STREET. A general term denoting a public or private way for the purpose of vehicular travel. The term includes all facilities which normally occur within the rights-of-way; it shall also include such other designation for a STREET as: a highway, thoroughfare, parkway, through way, road, pike, avenue, boulevard, lane, place, drive, court or as otherwise designated, but excluding an alley or a way for pedestrian use only.
STREET, ARTERIAL. A street designed or utilized primarily for high vehicular speeds or for heavy volumes of traffic on a continuous route, with intersections at grade, and which may have direct access to abutting properties, and on which geometric design and traffic-control measures are used to expedite the safe movement of through traffic.
STREET, COLLECTOR. A street which carries or is proposed to carry intermediate volumes of traffic from local streets to arterial streets and which may or may not be continuous.
STREET, LOCAL. A street used primarily for access to abutting properties, providing for minimum speeds and traffic volume.
STREET, MARGINAL ACCESS or SERVICE ROAD. A local street parallel and adjacent to arterial streets, providing access to abutting properties.
STRIPPING. Any activity which removes the vegetative surface cover, including tree removal, clearing and storage or removal of top soil.
STRUCTURE. Anything constructed, which requires permanent or temporary location on the ground or is attached to something having a permanent or temporary location on the ground.
SUBDIVIDE. See SUBDIVISION.
SUBDIVIDER. Any person, firm, partnership, association, corporation, estate or other group or combination acting as a unit, dividing or proposing to divide land in a manner that constitutes a subdivision as herein defined.
SUBDIVISION.
(a) 1. The division of land into two or more lots or parcels for the purpose of either immediate or future sale, rental or building development or use(s) other than agricultural use or production;
2. Establishment or dedication of a public street or alley through a tract of land regardless of size;
3. Any development or improvement of one or more tracts that impacts existing facilities protecting the health and safety of the city’s residents;
4. Any dedication, vacation, annexation, planned unit development or plat of survey under the Condominium Act; or
5. Any planned developments whether residential, commercial or otherwise in nature, and any other developments whether a subdivision is required or not under the law, statutes, ordinances or regulations of the governmental body or agency having jurisdiction or control, and regardless of whether the same is labeled a subdivision or not, it being the intent of this definition to apply to all types of development, both within the city and to areas lying within one and one-half miles of the corporate limits of the city.
(b) The term
SUBDIVISION shall also include all re-subdivisions of land or lots.
(c) Excluded from this definition is:
1. The division of land into parcels each containing five acres or more for agricultural purposes;
2. The division of land for cemetery usage;
3. The division and distribution of land pursuant to law or court order;
4. Subdivisions of land solely for public dedication to the city where the city waives any requirements herein; or
5. Any subdivision prohibited by superseding law from being subject to these regulations to the extent of such invoked preemption.
SUBDIVISION, MINOR. A division of land into two, but not more than six, lots, all of which front upon an existing street, not involving any new streets or other rights-of-way, easements and improvements, or other provisions for public areas and facilities.
TRAVEL WAY. The portion of a street used for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
VACANT. Land on which there are no structures or only structures which are secondary to the use or maintenance of the land itself.
VEGETATIVE COVER. Any grasses, shrubs, trees and other vegetation that protects and stabilizes soils.
WATER BODIES. Surface waters including rivers, streams, lakes and wetlands, including all areas designated by the federal government as water of the United States.
WATERCOURSE or DRAINAGEWAY. Any natural or artificial watercourse, including, but not limited to, streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines or washes in which water flows in a definite direction or course, either continuously or intermittently; and including any area adjacent to it that is subject to inundation by reason of overflow or flood water, as well as water bodies delineated by the city.
WATERWAY. A channel that directs surface runoff to a watercourse or to the public storm sewer.
WETLANDS. Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. For the purposes of this chapter, WETLANDS are intended to refer to areas which are subject to regulations of the U.S. Army Corps of Engineers under § 404 of the Clean Water Act, being 33 U.S.C. § 1344. Very small areas meeting the wetland definition (e.g., a roadside ditch) would not be subject to the special provisions of this chapter that require a site development permit.
(Ord. 3319, passed 2-22-2005)