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§ 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
§ 152.05 PLAN APPROVAL.
   (A)   In those instances where formal plans are required, the Building Official, or his or her duly authorized representative or agent, shall review plans as submitted. The submitted plans need only contain such detail as may be required by the Building Official to determine whether the requirements of this chapter shall be met. The Building Official may waive any contents of approved plans as he or she deems appropriate.
   (B)   The Building Official may refer such plans or extensions of previously approved plans to the Village Engineer for recommendation and advice as to whether there are adequate water management and sediment control measures provided in the submitted plans so as to prevent damage to other properties. The Building Official's approval or disapproval shall be based upon whether the installation and maintenance of the specified water management and sediment control measures are to be accomplished in accordance with recognized standards and specifications, such as are contained in the volume titled Water Management and Sediment Control for Urbanizing Areas. The plan shall be in conformity with §§ 152.06 through 152.09.
   (C)   Appeals from the decision of the Building Official may be made to the Board of Zoning Appeals in accordance with the procedures set forth in the Planning and Zoning Code. All persons who may be negatively impacted by a proposed development or other work requiring a plan shall be notified of any hearing by the Board of Appeals.
(`76 Code, § 1326.05) (Ord. 5-1-1993, passed 9-14-93)
§ 152.06 CONTENTS OF APPROVED PLAN.
   (A)   As finally approved, the plan for water management and sedimentation control required of the landowner or his or her agent under § 152.05 shall include, but not be restricted to, the following matters:
      (1)   A vicinity sketch and boundary line survey of the site for which the permit is sought and on which the work is to be performed;
      (2)   The location of any building, structures, utilities, sewers, water and storm drains on the site where the work is to be performed;
      (3)   The location of all trees with a trunk diameter of greater than five inches measured at a point five feet from the ground or, in the alternative, a report on the trees in a form acceptable to the village from an arboriculturist certified by the village;
      (4)   The location of any building or structure on land of adjacent property owners within 100 feet of the site;
      (5)   The elevation or contours, dimension, location and extent of all work proposed to be done; and the existing elevations or contours of the land, all in two-foot increments;
      (6)   A certification of the quality of excavation and fill involved;
      (7)   Detail plans of cell drainage provisions, retaining walls, cribbing, vegetation practices, erosion and sediment control measures, location of proposed fences around sediment basins, steep excavations, ponding areas and other protective devices to be constructed in connection with, or as a part of, the proposed work, together with a map showing the drainage area of land tributary to the site; and the estimated cubic foot per second runoff of the area served by any drain, computed in accordance with current village storm drainage criteria;
      (8)   A timing schedule and sequence indicating the anticipated starting and completion dates of the development sequence-stripping or cleaning, rough grading and construction final grading and vegetative establishment, and maintenance, completion of effective erosion and sediment control measures; and
      (9)   The estimated cost of the grading or filling and the cost of the required erosion controls.
   (B)   The Building Officials may waive any of the above items if it is determined not to be necessary for evaluation of the plan.
(`76 Code, § 1326.06) (Ord. 5-1-1993, passed 9-14-93)
§ 152.07 RECOMMENDED MEASURES TO MINIMIZE EROSION AND SEDIMENTATION.
   The following measures are declared to be effective in minimizing erosion and sedimentation and shall be included where applicable in the control plan:
   (A)   Stripping of vegetation, regrading, or other development shall be done in such a way as to minimize erosion;
   (B)   Development plans shall preserve salient natural features, keep cut-fill operations to a minimum and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume of velocity of surface water runoff;
   (C)   Whenever feasible, natural vegetation shall be retained, protected, and supplemented;
   (D)   The disturbed area and the duration of exposure shall be kept to a practical minimum;
   (E)   Disturbed soils shall be stabilized as quickly as possible;
   (F)   Temporary vegetation or mulching shall be used to protect exposed critical areas during development;
   (G)   The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as is practical in the development;
   (H)   Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary, the rate of surface water runoff will be structurally retarded; and
   (I)   Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps, or similar measures.
(`76 Code, § 1326.07) (Ord. 5-1-1993, passed 9-14-93) Penalty, see § 152.99
§ 152.08 GRADING AND DRAINAGE REQUIREMENTS.
   In order to provide more suitable sites for buildings and other uses, improve surface drainage, and control erosion, the following requirements shall be met:
   (A)   The location, grading and placement of subgrade (base) material of all roads, streets, and parking areas shall be accomplished as the first work done on a subdivision or development. The wearing surface may be placed at the discretion of the subdivider as approved in the final plan.
   (B)   All lots, tracts, or parcels shall be graded to provide proper drainage away from buildings and dispose of it without ponding, and all lands in a development shall be graded to drain and dispose of surface water without ponding, except where otherwise specifically approved in writing by the Village Engineer.
   (C)   All drainage provisions shall be of such design as to adequately handle the surface runoff and carry it to the nearest suitable outlet, such as a curbed street, storm drain, natural watercourses or on-site detention areas. Where drainage swales are used to divert surface water away from buildings, they shall be sodded or planted as required and shall be of such slope, shape and size as to conform with village requirements.
(`76 Code, § 1326.08) (Ord. 5-1-1993, passed 9-14-93) Penalty, see § 152.99
§ 152.09 AUTHORITY OF BUILDING OFFICIAL.
   The Building Official shall be responsible for the administration of any plan, and if he or she shall find that any of the provisions of the approved plan are not being complied with or performed, or the required performance bond is not provided and kept in full force and effect, the permit shall be revoked until such time as he or she is satisfied that the necessary corrective steps have been completed. The Village Engineer shall furnish such assistance to the Building Official as the latter shall require and request.
(`76 Code, § 1326.09) (Ord. 5-1-1993, passed 9-14-93)
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