(a) Purpose. The village finds that urbanizing land uses have accelerated the process of soil erosion, runoff, and sediment deposition in the waters of the village. Therefore, it is declared to be the purpose of this section to control and prevent soil erosion and minimize stormwater runoff increases and thereby to preserve the natural resources, control floods, and prevent impairment of dams and reservoirs, protect the quality of public waters, protect wildlife, protect the tax base, and protect and promote the health, safety, and general welfare of the people of the village.
(b) Land-disturbing activities subject to erosion and sediment control.
(1) General requirement. Any owner, occupant, or user who undertakes, commences, or performs any land division activities; or who permits another person to do the same on land under his or her control shall be subject to this section.
(2) Control plan required.
a. Every land division involving construction of public improvements shall include a plan to control erosion, sedimentation, and runoff which would result from the proposed activity with the design of the public improvements submitted to the Village Engineer for review.
b. Land divisions not involving construction of public improvements are exempted from the requirement of the submission of a control plan if: the proposed land division involves one acre or less of land, and the applicant agrees to install all the control devices and to implement all necessary control techniques.
(3) Contents of the control plan. The control plan required above shall contain such information needed to determine soil erosion, sedimentation, and runoff control:
a. A map of the site location showing the location of the predominant soil types;
b. A topographic map of the site location, including the contiguous properties, existing drainage patterns, and watercourses affected by the proposed development of the site and the existing vegetative cover; and
c. A plan of the site showing:
1. Name, address, and telephone number of the occupant and party responsible for maintaining erosion control;
2. Limits of natural floodplain(s), based on a 100-year flood, if any;
3. A timing schedule indicating the anticipated starting and completion dates of the development sequence; and
4. Proposed topography of the site location with a maximum of two foot contour intervals showing:
i. Location of activity, disturbance of protective cover, any additional structure on the site, areas to be seeded or mulched, areas to be vegetively stabilized, and areas to be left undisturbed;
ii. Elevations, dimensions, and location of all activities, including where topsoil will be temporarily stockpiled;
iii. The finished grade, stated in feet horizontal to feet vertical of cut and fill slopes;
iv. Kinds of utilities and areas of installation, including special erosion control practices for utility installation;
v. Paved and covered areas in square feet or to scale on a plan map;
vi. Makeup of surface soil (upper six inches) on areas not covered by buildings, structures, or pavement; and
vii. Kind of cover on areas not covered by buildings, structures, or pavement.
d. Plans and hydraulic computations for all structural or nonstructural measures or other protective devices to be constructed in connection with the proposed work showing:
1. Estimated rate of discharge in cubic feet per second to all structural or nonstructural measures, and the point of discharge from the site location based upon ten-year frequency storm event;
2. The storm event frequency discharge rate in cubic feet per second upon which the design of plans for the site location is based; and
3. Provisions to carry runoff to the nearest adequate public drainage facilities.
i. Design computations and applicable assumptions for all structural measures for erosion and sediment pollution control and water management. Volume and velocity of flow must be given for all surface water conveyance measures and pipe outfalls.
ii. Provisions for perpetual maintenance of control facilities including easements.
iii. Seeding mixtures and rates, lime and fertilizer application rates, and kind and quantity of mulching for both temporary and permanent vegetative control measures.
e. Methods to prevent tracking of soil off the site of the activity.
(c) Review of control plan. The Village Engineer shall review all control plans, and shall determine if measures are adequate to meet all the applicable standards as set out in this article. The applicant will be informed in writing whether the control plan is approved, disapproved, requires modification, or if additional information is required. In the event that the plan is not approved, the applicant shall resubmit a new control plan.
(d) Conditions. All approvals under this section shall be issued subject to the following conditions and requirements.
(1) All land disturbances will be done pursuant to the approved control plan and the requirements of this section and Title 13, Chapter 2.
(2) The subdivider shall give two working days’ notice in advance of the start of any activity.
(3) The subdivider shall file a notice within ten days after completion of land disturbing activities.
(4) Approval in writing shall be obtained prior to any modifications to the approved control plan.
(5) The subdivider shall be responsible for maintaining all proposed public roads, road rights-of-way, streets, runoff, and drainage facilities, and drainageways as specified in the approved plan until they are accepted and become the responsibility of the village.
(6) The subdivider shall be responsible at his or her own expense for repairing any damage to all adjoining surfaces and drainageways caused by runoff and/or sedimentation resulting from the permittee’s activities.
(7) The subdivider shall provide and install at his or her expense all drainage, runoff control, and erosion control improvements as required by this article and the approved control plan, and shall provide for the perpetual maintenance of all private control facilities or through dedication to, and acceptance by, the village.
(8) No portion of the land which is disturbed will be allowed to remain uncovered for greater than two weeks after the work activity is completed if the Village Engineer determines there exists a potential for erosion to leave the site of the work or the boundaries of the land division.
(9) The subdivider agrees to permit the Village Engineer, or his or her designee, to enter onto the land regulated under this section for the purpose of inspecting for compliance with the approved control plan.
(10) The subdivider authorizes the village to cause or perform any work or operations necessary to bring the condition of the lands into conformity with the approved control plan and further consents to the village collecting the total of the costs and expenses of such work and operating as a special charge against the property for current services rendered as provided by law.
(Prior Code, § 14-1-77)