(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