(A) Permit required.
(1) Before land is cleared, graded, filled, transported, or otherwise disturbed by the movement of earth for purposes including, but not limited to, the construction of buildings, the mining of minerals, including sand and gravel, the development of golf courses, the filling of land and the construction of roads and streets by any person, partnership, or corporation within the village, a site development permit embodying the proposed earth movement shall be obtained from the village where development comes under any one or more of the following provisions, unless such development is exempted therefrom by division (A)(2) of this section:
(a) Excavation, fill, or any combination thereof, will exceed 25 cubic yards.
(b) Fill will exceed one foot in vertical depth at its deepest point measured from the natural ground surface.
(c) Excavation will exceed one foot in vertical depth at its deepest point.
(d) Excavation, fill, or any combination thereof will exceed an area of 500 square feet.
(e) Plant cover is to be removed from an area exceeding 500 square feet on any vacant parcel of land or any parcel of land in excess of one acre.
(2) A site development permit shall not be required in the following cases:
(a) Excavations below finished grade for septic tanks and drain fields, tanks, vaults, tunnels, equipment basements, swimming pools, cellars, or footings of buildings or structures for which a building permit shall have been issued by the village, unless part of a development which would otherwise require such a permit.
(b) Excavation or removal of vegetation in public utility easements by public utility companies for the purpose of installing underground utilities.
(c) Tilling of the soil for fire protection purposes.
(d) Site disturbance of less than 1.0 acres in the aggregate.
(e) Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
(f) Existing nursery and agricultural operations conducted as a permitted main accessory use.
(g) Engraving in the following, if, but only if, in connection with a farming or other agricultural or conservation enterprise and upon property zoned solely for farming or agricultural purposes and uses:
1. The construction of sod waterways;
2. The construction of terraces;
3. The construction of surface water diversion;
4. The construction of grade stabilization structures; or
5. The tilling of the soil.
(B) Application.
(1) No site development or building permit shall be issued until said developer submits a site development plan, a storm water management concept plan and a maintenance agreement, together with other submissions required by this chapter, and certifies that any land clearing construction or development involving the movement of earth shall be in accordance with such plan and submissions. The storm water management plan shall be prepared to meet the requirements of § 151.05.
(2) Each application for a site development permit shall be made by the owner of the property or his or her authorized agent to the Village Engineer and the Director of Public Works for their approval. When grading or plant cover removal is proposed as a part of a building permit application it may be combined, and one plot plan, in the number of copies required by the Village Engineer and Director of Public Works, may be submitted showing building plans and site development plans. In such instances, a registered land surveyor or professional engineer shall certify as to the accuracy of the existing and proposed contour lines. Each application shall be accompanied by the following:
(a) With respect to site developments, a vicinity sketch, showing acreage of site, boundary line survey, zoning, type of proposed sewer and water facilities, location of existing utilities, buildings and drains on and within 100 feet of the site, together with a legend and scale. There shall be included on or with such a vicinity sketch:
1. A soil map of the subject property showing the predominant soil types on the site.
2. Enough information on those areas abutting or adjacent to the site to show existing drainage patterns and the drainage course that may affect, or be affected by the development of the site.
3. The name and address of the developer or owner.
4. The name and address of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm.
5. Limits of natural flood plain(s), if any.
6. Areas to be sodded, seeded, mulched or paved.
7. Acreage of area to be vegetatively stabilized, if any.
8. Areas to be left undisturbed.
9. Seeding mixtures and rates, expected seeding mixture, allowable seeding dates, seedbed preparation, type and rates of lime and fertilizers to be applied, and type and rate of mulching to be used.
10. Provisions for maintenance of control facilities, including easement if necessary and the estimates of cost of maintenance.
(b) With respect to site grading, existing topography of the site and a 100-foot adjacent peripheral strip, proposed contours and final grades, and street profiles; and indicating what measures will be employed to protect cut and fill slopes from surface run-off.
(c) Storm drainage by means of a plan based upon a competent storm drainage study, including a drainage area map and computations, and indicating what conditions now prevail at proposed and natural outlets such as:
1. Whether the drainage course is bare earth or vegetated.
2. Whether the constructed outlet will be in open sun, open shade, or dense shade.
3. Whether the natural or proposed outlet is subject to long term or continuous flow.
4. Whether the existing outlet is actively eroding.
5. Whether there is evidence of a high water table (permanent or seasonal).
6. Whether the area is subject to seepage or spring flow.
7. The elevation of normal water level in all proposed and natural outlets.
8. A profile below outlet for a sufficient distance to indicate the natural gradient of the accepting natural outlet and/or stream channel.
9. A cross-section and profile of existing stream channels where applicable.
10. A ditch design and computations for all seeded, sodded, or bare earth outlets, ditches and similar water conduction facilities.
(d) Estimated schedule and phasing of development of the site, including:
Phase I | Stripping and/or clearing |
Phase II | Rough grading and construction |
Phase III | Final grading and vegetative establishment |
Phase IV | Maintenance |
All storm water pollution prevention plans (SWPP plans) submitted to the Village Engineer and Director of Public Works for approval shall show all the erosion and sediment control measures needed to provide protection throughout all the phases of construction listed above. Sequencing shall identify the expected dates on which each element will be addressed. These SWPP plans shall also include any off-site borrow and spoil areas, sewer lines, utility lines, and haul and access roads, and shall further indicate:
1. The state of clearing date.
2. Duration of exposure of disturbed areas.
3. Installation of temporary sediment control measures (vegetative and structural) by phase and date.
4. Installation of storm drainage by phase and date.
5. Establishment of permanent vegetative cover (plans will show what will be done to shorten the duration of exposure of disturbed areas as soon after grading as possible), including seeding mixes and rates, type of sod, seedbed preparation, seeding dates, lime and fertilizer application, temporary seedings, if needed, mulching, or similar stabilization procedures.
6. Details of all structural sediment control measures.
7. Computations for sediment basins, if any.
(C) Minimum design requirements.
(1) Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the Illinois Urban Manual, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the village. Cut and fill slopes shall be no greater than 2:1, except as approved by the village to meet other community or environmental objectives.
(2) Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other chapters of this Code. Clearing techniques that retain natural vegetation and drainage patterns, as described in the Illinois Urban Manual, shall be used to the satisfaction of the village.
(3) Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
(4) Phasing shall be required on all sites disturbing greater than 30 acres, with the size of each phase to be established at plan review and as approved by the village.
(5) Erosion control requirements shall include the following:
(a) Soil stabilization shall be completed within 14 days of clearing or inactivity in construction.
(b) If seeding or another vegetative erosion control method is used, it shall become established within 14 days or the village may require the site to be reseeded or a non-vegetative option employed.
(c) Special techniques that meet the design criteria outlined in the Illinois Urban Manual on steep slopes or in drainage ways shall be used to ensure stabilization. Soil stockpiles must be stabilized or covered at the end of each workday.
(d) The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season.
(e) Techniques shall be employed to prevent the blowing of dust or sediment from the site.
(f) Techniques that divert upland runoff past disturbed slopes shall be employed.
(6) Sediment controls requirements shall include:
(a) Settling basins, sediment traps, or tanks and perimeter controls.
(b) Settling basins that are designed in a manner that allows adaptation to provide long-term storm water management, if required by the village.
(c) Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls.
(7) Construction site access requirements shall include:
(a) A temporary access road provided at all sites, and
(b) Other measures required by the village in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains.
(8) All details shall meet the standards as adopted by the village in the Village of Tinley Park "Erosion Control Practice Standards".
(D) Modifications. Modifications to the plan may be authorized by the village by written authorization to the permittee, and shall include:
(1) Major amendments of the SWPP plan submitted to the village, and
(2) Field modifications of a minor nature.
(E) Bonds. The applicant shall file with the Village Clerk a faithful performance bond or other improvement security in an amount equal to 125% of the Village Engineer's estimate of cost for all the cost of improvements, landscaping, maintenance of landscaping for such period as specified by the village; and to secure all engineering, inspection fees and incidental expenses. In the event the applicant has entered into contract for any of the foregoing, then and in that event, the bond shall be in an amount equal to 10% of the cost of such contract.
(F) Prohibition of earth removal. No site development permit shall be issued for an intended building site unless:
(1) Such permit is accompanied by or combined with a valid building permit issued by the village; or
(2) The proposed earth moving is coordinated with any overall plan previously approved by the village for the area in which the site is situated.
(G) Responsibility. Failure of the village officials to observe or recognize hazardous or unsightly conditions or to recommend denial of the site development permit, shall not relieve the permittee from responsibility for the condition or damage resulting therefrom, and shall not result in the village, its officers or agents being responsible for any condition or damage resulting therefrom.
(H) Retention of plans. Plans, specifications and reports for all site developments shall be retained in original form by the Director of Public Works.
(I) Inspections.
(1) The Director of Public Works or his or her designated agent shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the Storm Water Pollution Prevention Plan as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the village shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the village at least two working days before the following:
(a) Start of construction;
(b) Installation of sediment and erosion measures; and
(c) Completion of final landscaping
(2) The permittee or his or her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Storm Water Pollution Prevention Plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the village at the time interval specified in the approved permit.
(3) The Director of Public Works or his or her designated agent shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under division (B) of this section.
(4) Until the final inspection is made, a sign issued by the village indicating permission to grade has been granted by the village shall be prominently displayed on the front property line of the property involved so as to be visible from the street on which the property fronts.
(Ord. 2008-O-004, passed 2-26-08)