CHAPTER 152: STORMWATER, SOIL AND EROSION CONTROL
Section
   152.01   Definitions
   152.02   Purpose
   152.03   Prohibitions; exceptions
   152.04   Plan required; exceptions
   152.05   Plan approval
   152.06   Contents of approved plan
   152.07   Recommended measures to minimize erosion and sedimentation
   152.08   Grading and drainage requirements
   152.09   Authority of Building Official
   152.10   Fees
   152.11   Disclaimer
 
   152.99   Penalty
§ 152.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CUT. An excavation. The difference between a point on the original ground and a designated point on the lower elevation on the final grade; also the material removed in excavation.
   EROSION. The wearing away of the land surface by the action of wind, water or gravity.
   EXCAVATION. Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom.
   FILL. Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface, and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. It shall also mean the material used to make a fill.
   GRADING. Any stripping, cutting, filling, stockpiling or any combination thereof, and shall include the land in its cut or filled condition.
   MULCHING. The application of suitable materials on the soil surface to conserve moisture, hold soil in place, and aid in establishing plant cover.
   NATURAL VEGETATION. The ground cover in its original state before any grading, excavation, or filling.
   PERMANENT VEGETATION. Producing long-term vegetative cover, such as bluegrass, tall festure, crown vetch, and the like.
   PLAN. A water management and sediment control plan.
   SEDIMENT. Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its original site or origin by air, water, or gravity as a product of erosion.
   SEDIMENT BASIN. A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt, or other materials.
   SLOPE. The face of an embankment or cut section, or any ground whose surface makes an angle with the plane of the horizon. SLOPE is usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
   SUBDIVISION. The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership, or building or lot development.
   SWALE. A low lying stretch of land which gathers or carries surface water runoff.
   TEMPORARY VEGETATION. Short-term vegetative cover (such as oats, rye or wheat) used to stabilize the soil surface until final grading and installation of permanent vegetation.
   TOPSOIL. Surface and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer.
   WATERCOURSE. A permanent stream, intermittent stream, river, brook, creek, channel, ditch, or conduit for carrying water, whether natural or human-made.
(`76 Code, § 1326.01) (Ord. 5-1-1993, passed 9-14-93)
§ 152.02 PURPOSE.
   (A)   The village faces unique challenges and difficulties in controlling surface water. Control of surface water in the village is primarily limited to a system of watercourses, swales and dry wells. Experience has shown that coverage of ground by buildings, structures, driveways, sidewalks, and roadways contributes to problems caused by surface water to adjoining property and to the overflow of downstream channels, which in turn causes damage and loss of use of property. In addition, excavation, filling, changes in grade, blockage of swales and drainage channels, removal of foliage and other vegetation may contribute to erosion or cause a change in direction and amount of surface water runoff in a manner that causes damage to adjoining property or overburdens the downstream drainage system.
   (B)   The purpose of this chapter is to provide regulations so that all changes to real property that could result in increased surface water flow or otherwise alter drainage patterns in a manner that would be detrimental to other property in the vicinity will be subject to proper review, evaluation, and regulation.
(`76 Code, § 1326.02) (Ord. 5-1-1993, passed 9-14-93)
§ 152.03 PROHIBITIONS; EXCEPTIONS.
   (A)   No person shall cause or permit any of the following to occur on any real estate that they own, occupy or control in this village:
      (1)   Any filling (including filling of swales, watercourses or conduits), excavating, cutting, mulching, changing of slope or grading that causes or would cause an increase or change in direction of surface water runoff to such a degree as to negatively impact other property, public or private, in the vicinity.
      (2)   Fail to obtain a surface water/excavation permit from the Building Official when required to do so by this chapter.
   (B)   It shall be presumed for purposes of this section that no violation has occurred as a result of the following activities:
      (1)   Mulching areas of a yard as long as the primary purpose is not to block or alter surface water runoff or drainage swales, channels or ditches.
      (2)   Reseeding, sodding or otherwise maintaining yard areas as long as any re-grading is of an incidental character.
      (3)   Creating a ditch for a temporary period for the purpose of installing pipe or electrical lines or similar activities in such a manner as not to unreasonably impact other property, public or private.
   (C)   The Building Official shall review every building permit and determine whether the proposed work could cause a violation of division (A) of this section. The Building Official may consult with the Village Engineer if it is deemed necessary. If the Building Official determines that the work proposed in the application for a building permit could cause such a violation, no permit shall be issued until plans, satisfactory to the Building Official, are incorporated into application. Such plans shall provide for adequate control of stormwater by any practical means, including controlling flow or direction of stormwater. No final inspection nor certificate of occupancy shall be approved until completion of the stormwater work.
(`76 Code, § 1326.03) (Ord. 5-1-1993, passed 9-14-93) Penalty, see § 152.99
§ 152.04 PLAN REQUIRED; EXCEPTIONS.
   (A)   If any person, firm, or corporation shall intend to make changes in the contour of any land by any grading, excavating, or the removal or destruction of the natural topsoil, trees, or other vegetative covering thereon (hereinafter these described activities being referred to as “development”), the same shall be accomplished only after the owner of that land or his or her agent has submitted to the village, for review, five copies of a plan for water management and sedimentation control.
   (B)   No such plan, however, shall be required under this chapter for the following:
      (1)   An excavation below finished grade for basements and footings of a building, retaining walls, swimming pools or other structures attendant to the principal building authorized by a valid building permit. The resulting fill, however, shall comply with all pertinent provisions of this chapter. In addition, the Building Official shall not issue any building permit until he or she determines that no violation of Section § 152.03(A) will occur as a result of the work performed in accordance with the building permit. The Building Official may condition any building permit upon certain steps being taken to assure no violation of § 152.03(A).
      (2)   An excavation in which all the following factors apply:
         (a)   Is less than one foot in vertical depth at its deepest point as measured from the natural ground surface or which is intended to be a ditch for a temporary time for the purpose of installing utilities.
         (b)   Does not result in a movement of more than 25 cubic yards of material on any lot, parcel, or subdivision thereof;
         (c)   Does not impair existing surface drainage, constitute a potential erosion hazard, or act as a source of sedimentation to any adjacent land or watercourse;
         (d)   Has no final slopes steeper than one foot vertical in three feet horizontal; and
         (e)   Has all disturbed areas promptly seeded or sodded as soon as the season permits.
      (3)   A fill in which all the following factors apply:
         (a)   Is less than one foot in vertical height at its deepest point as measured from the natural ground surface;
         (b)   Is placed on a surface having a slope not steeper than five feet horizontal to one foot vertical;
         (c)   Does not result in a movement of more than 25 cubic yards of material on any lot, parcel, or subdivision thereof;
         (d)   Does not impair existing surface drainage, constitute a potential erosion hazard, or act as a source of sedimentation to any adjacent land or watercourse;
         (e)   Has no final slopes steeper than one foot vertical or three feet horizontal; and
         (f)   Has all disturbed areas promptly seeded or sodded as soon as the season permits.
      (4)   Accepted agricultural land management practices, such as:
         (a)   Plowing and construction of agricultural structures; and
         (b)   Nursery operations such as the removal or transplanting of cultivated sod, shrubs, and trees and tree cutting at or above existing ground.
      (5)   Grading, as a maintenance measure, or for landscaping purposes on existing developed lots or parcels, provided that:
         (a)   The aggregate of areas affected or stripped at any one time does not exceed 2,500 square feet, and there is no damaging or erosive drainage coming onto the subject area;
         (b)   The grade change does not exceed 12 inches at any one point and does not alter the drainage pattern;
         (c)   All bare earth is promptly seeded, sodded, or otherwise effectively protected from erosive actions; and
         (d)   The grading does not involve a quantity of material in excess of 50 cubic yards.
(`76 Code, § 1326.04) (Ord. 5-1-1993, passed 9-14-93) Penalty, see § 152.99
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