§ 155.177 PERMITS.
   (A)   No person shall be granted a site development approval for land-disturbing activity that would require the uncovering of one acre (43,450 square feet) or more or any land disturbing activity within 50 feet, in any direction, of a watercourse without an erosion and sediment control plan approved by the village.
   (B)   No site development approval is required for the following activities:
      (1)   Any emergency activity that is immediately necessary for the protection of life, property or natural resources; and
      (2)   Existing nursery and agricultural operations conducted as a permitted main or accessory use.
   (C)   Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting engineering firm retained by the applicant together with the name of the applicant’s principal contact at such firm. Construction plans that include an erosion and sediment control plan with the aforementioned information cited or as included as a part of the storm water pollution prevention plan will satisfy the application requirements.
   (D)   Each application shall include a statement that any land clearing, construction or development involving the movement of earth shall be in accordance with the erosion and sediment control plan and that the contractor in responsible charge or his or her designated representative shall be on site on all days when construction or grading activity takes place.
   (E)   The applicant will be required to file with the village a letter of credit in an amount deemed sufficient by the village to cover 125% of all costs of improvements, landscaping, maintenance of improvements and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site for a period of two years after the date of conditional acceptance by the village or final completion as determined by the village. If the applicant is going through the residential, business or commercial subdivision development process, the letter of credit approved for the development will satisfy these requirements.
(2009 Code, § 35-11-3) (Ord. 04-07, passed 6-14-2004)