§ 160.090  SITE DEVELOPMENT PERMIT.
   To ensure that proposed development activity can be carried out in a manner which is compatible and harmonious with the natural amenities of the Lowland Conservancy Overlay District and with surrounding land uses, a request for a site development permit for such development activity must be submitted for approval by the Administrator.
   (A)   (1)   No site development permit shall be issued unless the village finds that:
         (a)   The development will not detrimentally affect or destroy natural features such as ponds, streams, wetlands, and forested areas, nor impair their natural functions, but will preserve and incorporate such features into the development's site;
         (b)   The location of natural features and the site's topography have been considered in the designing and siting of all physical improvements;
         (c)   Adequate assurances have been received that the clearing of the site of topsoil, trees, and other natural features will not occur before the commencement of building operations; only those areas approved for the placement of physical improvements may be cleared;
         (d)   The development will not reduce the natural retention storage capacity of any watercourse, nor increase the magnitude and volume of flooding at other locations; and that in addition, the development will not increase stream velocities; and
         (e)   The soil and subsoil conditions are suitable for excavation and site preparation, and the drainage is designed to prevent erosion and environmentally deleterious surface runoff.
      (2)   There shall be no development, including the immediate or future clearing or removal of natural ground cover and/or trees, within the Lowland Conservancy Overlay District for any purpose, unless a site development permit is granted subject to the provisions of §§ 160.087 through 160.100 of this chapter or the provisions of the village zoning ordinance.
      (3)   Dumping, filling, mining, excavating, dredging, or transferring of any earth material within the district is prohibited unless a site development permit is granted.
      (4)   No ponds or impoundments shall be created nor other alterations or improvements shall be allowed in the district for recreational uses, stormwater management, flood control, agricultural uses or as scenic features unless a site development permit is granted.
   (B)   Application for permit.  Application for a site development permit, shall be made by the owner of the property, or his or her authorized agent, to the village, on a form furnished for that purpose. Each application shall bear the name(s) and address(es) of the owner or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee of $200 unless the application is part of a subdivision review where other fees take priority. The applicant further agrees to reimburse the village for any outside review engineering fees, incurred by the village, in addition to the filing fees. 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.
   (C)   Submissions.  Each application for a site development permit shall be accompanied by the following information: general provisions, site development plan, geologic and soil report, drainage control plan, site grading & excavation plan, landscape plan, justification for watercourse relocation and minor modifications, stream modification/relocation plan, channel and bank armoring, culverts, on-stream impoundments, and an impact assessment.
   (D)   Review and approval.  Each application for a site development permit shall be reviewed and acted upon according to the following procedures:
      (1)   The village will review each application for a site development permit to determine its conformance with the provisions of §§ 160.087 through 160.100 of this chapter. The village may also refer any application to the Will/South Cook Soil and Water Conservation District and/or any other local government or public agency within whose jurisdiction the site is located for review and comments. Within 30 days after receiving an application, the village shall in writing, approve the permit application, if it is found to be in conformance with the provisions of §§ 160.087 through 160.100 of this chapter, and issue the permit; approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of §§ 160.087 through 160.100 of this chapter, and issue the permit subject to these conditions; or disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission.
      (2)   No site development permit shall be issued for an intended development site unless:
         (a)   The development, including but not limited to subdivisions and planned unit developments, has been approved by the village where applicable;
         (b)   Such permit is accompanied by or combined with a valid building permit issued by the village; or
         (c)   The proposed development is coordinated with any overall development program previously approved by the village for the area in which the site is situated.
   (E)   Permit exceptions. 
      (1)   The provisions of §§ 160.087 through 160.100 of this chapter shall not apply to:
         (a)   Emergency work necessary to preserve life or property; when emergency work is performed under this section, the person performing it shall report the pertinent facts relating to the work to the Administrator within ten days after commencement of the work and shall thereafter obtain a site development permit and shall perform such work as may be determined by the agency to be reasonably necessary to correct any impairment to the watercourse, lake, pond, floodplain or wetland;
         (b)   Work consisting of the operation, repair, or maintenance of any lawful use of land existing on the date of adoption of §§ 160.087 through 160.100 of this chapter;
         (c)   Lands adjacent to farm ditches if:
            1.   Such lands are not adjacent to a natural stream or river; or
            2.   Those parts of such drainage ditches adjacent to such lands were not streams before ditching; or
            3.   Such lands are maintained in agricultural uses without buildings and structures.
      (2)   Where farm ditches are found to contribute to adverse environmental impacts or hazards to persons or property, the village may include designated farm ditches in the District. The village may also require that linings, bulkheads, dikes and culverts be removed to mitigate hazards, or that other mitigative measures be taken, such as the maintenance of a natural vegetation buffer strip.
   (F)   Effect on other permits. The granting of a site development permit under the provisions herein 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. Where state and/or federal permits are required, a site development permit will not be issued until they are obtained.
(Ord. 06-0383, passed 3-15-06)