A. Purpose. The purpose of this Section is to conserve the land, water, air and other natural resources within the Village by establishing requirements for the control of erosion and sedimentation. (Amd. Ord. 5312 – 7/16/18)
B. Objectives. The following guidelines shall apply for the planning, implementing, monitoring and maintenance of all development activity within the Village which disturbs stabilized soil allowing erosion and sedimentation to occur:
1. Development shall be related to the topography and soils of the site so as to create the least potential for erosion. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.
2. Natural watercourses, existing trees, and conservation areas shall be retained and protected from erosion and sedimentation so that natural features and functions are maintained. Areas immediately adjacent to natural watercourses and which are planned to be left undisturbed shall be left undisturbed for a minimum of fifty (50) feet from the natural water course, as measured from the bank of the perennial stream, the centerline of an intermittent stream, or the ordinary high water mark of a lake or pond, or twenty-five (25) feet for an artificial detention/retention basin, as measured from the high water line level, whenever possible, and shall be governed by the regulations in Section 6-412.
3. The smallest practical area of land should be exposed for the shortest practical time during development. Sediment control measures shall be installed prior to the commencement of any land disturbance.
4. Disturbed areas shall be stabilized with temporary or permanent measures within seven (7) calendar days following the end of disturbance activities.
5. Perimeter protection, sediment basins, debris basins, desilting basins, or silt traps or filters shall be installed, and shall be maintained to remove sediment from run-off waters from land undergoing development and from undeveloped land.
6. Provision shall be made to stabilize stormwater management systems that are functioning throughout construction. Temporary or permanent stabilization measures shall be installed at time of construction.
7. Proper storm sewer inlet and outlet protection shall be in place and maintained throughout construction until permanent stabilization of the development has been completed.
8. Provisions shall be made for the temporary or permanent stabilization of soil stockpiles within seven (7) days of placement. Perimeter controls shall be placed around the base of the stockpile immediately. Stockpiles shall be graded to a safe slope within six (6) months of deposit. Weeds and other vegetation above eight inches (8") tall shall be cut back as needed. (Ord. 2570 – 5/2/94)
9. Provision shall be made for the control of the deposit of sediment and debris from the development site onto streets, alleys and sidewalks at the end of each work day, or if a hazardous condition develops. (Ord. 2570 - 5/2/94)
10. All construction ingress and egress points shall have a stabilized construction entrance installed and maintained until permanent stabilization of the development has been completed.
11. Sediment filtering devices shall be used for all dewatering activities.
12. All waste including building materials and construction debris shall be placed in the appropriate receptacles.
13. Onsite pollutants such as building materials, building products, landscape materials, sanitary waste, fueling, and cleaning and maintenance areas shall be appropriately managed to minimize and discharge.
14. Site development shall be in accordance with other Village ordinances and State law, and it shall not decrease the normal capacity of a flood plain by adding fill unless compensatory capacity is provided elsewhere.
15. Erosion prevention measures in site development shall be implemented in phases on a time schedule so as to more effectively control potential conditions associated with the seasons (i.e., run off from the melting of snow).
(Amd. Ord. 5312 – 7/16/18)
C. Soil Erosion Control Plan and Permit Requirements.
1. Plan Requirements. A Soil Erosion and Sedimentation Control Plan shall be submitted with the Final Engineering Plans to be reviewed and approved by the Development Services Department. For single lots in established subdivisions a Soil Erosion and Sedimentation Control Plan shall be submitted for review and approval with the Building Permit Set and approved by the Development Services Department. The plan set shall include all of the guidelines outlined in Section 6-411.B. that pertain to the specific site conditions.
2. Letter of Credit Requirements. When a Letter of Credit is required for the development, the erosion control measures approved in the Final Engineering plans shall be included in the Letter of Credit total. The amount of money earmarked for the erosion control measure will be held until final stabilization of the project is complete or until an authorized agent of the Development Services Department has approved a reduction or release.
3. Permit Requirements. Implementation of the approved Soil Erosion and Sedimentation Control Plan is required prior to the issuance of any Foundation Permits. Except as otherwise provided in this Section, no person shall commence or perform any grading, stripping, excavating, or filling of land without having first installed the erosion and sedimentation control measures outlined in the approved Final Engineering Plan set or Building Permit set.
4. Exceptions. A soil erosion control plan and permit shall not be required for any of the following:
a. Agricultural use of land, including farming, the implementation of conservation measures included in a farm conservation plan approved by the Soil and Water Conservation District and community garden plans.
b. Construction of conservation measures including, but not limited to, sod waterways, terraces, grade stabilization structures, berms and swales.
(Amd. Ord. 5167 – 2/20/17)
5. Application for Permit. When development activity is planned and there are no soil erosion control plans, application for a soil erosion control plan permit shall be made by the owner of the property or his authorized agent to the Development Services Department on a form furnished for that purpose. Each application shall include certification that any land clearing, construction, or development involving the movement of earth shall be in accordance with the plans approved upon issuance of the permit. Each application shall include a certification by an Illinois registered professional engineer that the contour lines, current and proposed, and other technical contents of the plans are valid. When development is proposed as a part of a building permit for a part of the site, the applications may be combined, provided, that the information required under this Section is submitted with the engineering drawings required for the building permit.
Each application shall be accompanied by the following:
a. the name and address of the developer and owner;
b. The name, address and telephone number of any design consulting firm or engineer;
c. Identification of person(s) or entity which will have legal responsibility for maintenance or erosion control structures and measures after development is completed;
d. A vicinity sketch showing site acreage, site boundary lines, utilities and buildings presently located on the site, drains and roads on and within 1/2 mile of the site, intermittent and perennial streams and water bodies downstream within 1/2 mile of the site, and a legend and scale;
e. 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; existing trees and wooded areas; kinds and locations of utilities; and areas and acreage proposed to be paved, covered, sodded or seeded, vegetatively stabilized, or left undisturbed;
f. An erosion and sedimentation program showing or describing all the erosion and sedimentation control measures necessary to meet the objectives of this Section throughout all phases of construction and necessary to meet the objectives at the completion of development of the site. The program may include erosion structures, temporary and permanent vegetation and other conservation measures; and
g. The proposed phasing of development of the site, including stripping and clearing, rough grading and construction, and final grading and landscaping. Phasing should identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and 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.
The Director of Engineering may waive specific requirements for the content of submission upon written finding that the information submitted is sufficient to show that the work will comply with the objectives and principles of this Section and the standards contained in the Handbook incorporated by Subsection (E)(1). (Amd. Ord. 5653 - 11/1/21)
6. Time Schedules. In the event a site developer is unable to meet the phasing time schedules as contained in either the approved site development plans or the site development permit, the site developer shall submit, prior to missing the time schedule, an addendum to any plans or permit application stating in the addendum that scheduling will not be met and what, if any, additional measures will be taken.
(Amd. Ord. 5312 – 7/16/18)
D. Fees. Fees for site development permits, when required by this Section, shall be determined by the Village in accordance with Section 1-104 of these regulations.
E. Operation Standards and Requirements.
1. Handbook Adopted by Reference. The procedures and standards set out in the Illinois Urban Manual, as amended, and the Illinois Procedures and Standards for Urban Soil Erosion and Sedimentation Control, as amended, shall be applicable to all developments. (Amd. Ord. 5312 – 7/16/18)
2. Inspections. Plans for grading work shall be maintained at the site during grading. In order to obtain the necessary grading inspections, the permittee shall notify the Development Services Department at least two (2) full working days before the following inspection is to be made: (Amd. Ord. 5312 – 7/16/18)
a. Rough Grading: When all rough grading has been completed; and
b. Final Inspection: When all work, including installation of all drainage and other structures and required planting, has been completed.
3. Responsibility. The permittee shall not be relieved of responsibility for damage to persons or property otherwise imposed by law, and the Village or its officers or agents shall not be made liable for such damage, by (1) the issuance of a permit under this section, (2) compliance with the provisions of that permit or with conditions attached to it by the Village, (3) failure of Village officials to observe or recognize hazardous or unsightly conditions, (4) failure of Village officials to recommend denial of or to deny a permit, or (5) exemptions from the permit requirements of this section.
4. Special Precautions.
a. If at any stage of the grading of any development site the Director of Engineering determines by inspection that the nature of the site is such that further work authorized by an existing permit is likely to imperil any property, public way, watercourse or drainage structure, theDirector of Engineering may require, as a condition of allowing the work to be done, that such reasonable special precautions be taken as is considered advisable to avoid the likelihood of such peril. "Special precautions" may include, but shall not be limited to, a more level exposed slope, construction of additional drainage facilities, berms, terracing, compaction, cribbing, or installation of plant materials for erosion control. Said special precautions shall, as much as possible, reflect the standards contained in the Handbook. (Amd. Ord. 5653 - 11/1/21)
b. On large operations or where unusual site conditions prevail, the Director of Engineering or his designee may specify the timing of grading or may require that the operations be conducted in specific stages so as to insure completion of protective measures or devices prior to the advent of seasonal rains. Said specifications or requirements shall, as much as possible, reflect the standards contained in the Handbook. (Amd. Ord. 5653 - 11/1/21)
5. Coordination with Local Stream and Water Body Protection. Must occur with and meet the requirements of the Army Corps of Engineers, Illinois Department of Natural Resources, and the Village’s Director of Engineering. (Amd. Ord. 5822- 7/17/23).
6. Major Amendments of the Site Development or Erosion and Sedimentation Control Plans. Major amendments of the site development or erosion and sedimentation control plans shall be submitted to the Development Services Department and shall be processed and approved or disapproved in the same manner as the original plans. Field modifications of a minor nature may be authorized by the Development Services Department by written authorization to the permittee. (Amd. Ord. 5312 – 7/16/18)
F. Expiration of Permit. Each permit shall expire and become null and void if the work authorized by such permit has not been commenced within six (6) months, or work is not completed by a date which shall be specified in the permit; except that the Director of Development Services may, if the permittee presents satisfactory evidence that unusual difficulties have prevented work being commenced or completed within the specified time limits, grant a reasonable extension of time if written application is made before the expiration date of the permit. (Amd. Ord. 5167 – 2/20/17; Amd. Ord. 5312 – 7/16/18)
G. Effect on Other Permits. The granting of a permit under the provisions of this Section shall in no way affect the owner's responsibility to obtain the approval required by any other statute, ordinance, or regulation of any state agency or subdivision thereof, or to meet other Village ordinances and regulations.