Chapter 15-58
EROSION AND SEDIMENT CONTROL PLAN
Sections:
15-58-020 Compatibility with other permit and ordinance requirements.
15-58-050 Erosion and sediment control plan.
15-58-060 Design requirements.
15-58-080 Disclaimer of liability.
15-58-010 Scope.
These regulations apply to all developments which disturb one (1.0) acre or more, either alone or as part of a larger common plan of development. The city may also apply some or all of these regulations to developments disturbing less than one (1.0) acre. (Ord. 3230 § 1, 2009)
15-58-020 Compatibility with other permit and ordinance requirements.
This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this chapter should be considered minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence. (Ord. 3230 § 2, 2009)
15-58-030 Definitions.
“City” means the city of Harvey, Illinois.
“Clearing” means any activity that removes the vegetative surface cover.
“Drainage way” means any channel that conveys surface runoff throughout the site.
“Erosion and sediment control plan” means a plan prepared by or under the direction of a licensed professional engineer indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.
“Erosion control” means a measure that prevents erosion.
“Grading” means excavation or fill of material, including the resulting conditions thereof.
“IEPA” means Illinois Environmental Protection Agency.
“Illinois Urban Manual” means the Illinois Urban Manual developed by the USDA Natural Resources Conservation Service and the Illinois Environmental Protection Agency, current edition.
“Perimeter control” means a barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
“Phasing” means clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.
“Sediment control” means measures that prevent eroded sediment from leaving the site.
“Site” means a parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.
“Site development permit” means a permit issued by the municipality for the construction or alteration of ground improvements and structures for the control of erosion, runoff, and grading.
“Stabilization” means the use of practices that prevent exposed soil from eroding.
“Start of construction” means the first land-disturbing activity associated with a development, including land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
“Watercourse” means any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water delineated by the Illinois Department of Natural Resources Office of Water Resources (IDNR/OWR), the United States Geologic Survey (USGS), the United States Army Corps of Engineers or the city.
“Waterway” means a channel that directs surface runoff to a watercourse or to the public storm drain. (Ord. 3230 § 3, 2009)
15-58-040 Permits.
A. No person shall be granted a site development permit for land-disturbing activity that would require the disturbance of one (1) acre or more without the approval of an erosion and sediment control plan by the city and an appropriate NPDES permit issued by the IEPA.
B. No site development permit is required for the following activities:
1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources;
2. Existing nursery and agricultural operations conducted as a permitted main or accessory use.
C. Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant’s principal contact at such firm, and shall be accompanied by a filing fee.
D. The applicant may be required to file with the city a faithful performance bond, letter of credit, or other improvement security in an amount deemed sufficient by the city to cover all costs of improvements, landscaping, maintenance of improvements for such period as specified by the city, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site. (Ord. 3230 § 4, 2009)
15-58-050 Erosion and sediment control plan.
A. The erosion and sediment control plan shall include the following:
1. A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.
2. All erosion and sediment control measures necessary to meet the objectives of this local regulation throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season.
3. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures.
4. Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.
B. Modifications to the plan may be authorized by the city by written authorization to the permittee, and shall include:
1. Major amendments of the erosion and sediment control plan submitted to the city; and
2. Field modifications of a minor nature. (Ord. 3230 § 5, 2009)
15-58-060 Design requirements.
A. 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 city. Cut and fill slopes shall be no greater than two to one (2:1), except as approved by the city to meet other community or environmental objectives.
B. 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 city.
C. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
D. Phasing shall be required on all sites disturbing greater than thirty (30) acres, with the size of each phase to be established at plan review and as approved by the city.
E. Erosion control requirements shall include the following:
1. Soil stabilization shall be completed within fourteen (14) days of clearing or inactivity in construction;
2. If seeding or another vegetative erosion control method is used, it shall become established within fourteen (14) days or the city may require the site to be reseeded or a nonvegetative option employed;
3. 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;
4. Soil stockpiles must be stabilized or covered at the end of each workday;
5. 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;
6. Techniques shall be employed to prevent the blowing of dust or sediment from the site;
7. Techniques that divert upland runoff past disturbed slopes shall be employed.
F. Sediment control requirements shall include:
1. Settling basins, sediment traps, or tanks and perimeter controls;
2. Settling basins that are designed in a manner that allows adaptation to provide long-term storm water management, if required by the city; and
3. Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls.
G. Construction site access requirements shall include:
1. A temporary access road provided at all sites; and
2. Other measures required by the city in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains. (Ord. 3230 § 6, 2009)
15-58-070 Inspection.
A. The director of public works or 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 erosion and sediment control plan as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the city shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the city at least two (2) working days before the following:
1. Start of construction;
2. Installation of sediment and erosion measures; and
3. Completion of final landscaping.
B. The permittee or his/her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control 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 city at the time interval specified in the approved permit.
C. The director of public works or its 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 subsection B of this section. (Ord. 3230 § 7, 2009)
15-58-080 Disclaimer of liability.
The degree of erosion and sedimentation protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific method study.
This chapter does not create liability on the part of the city or any officer or employee thereof for any damage that results from reliance on this chapter or any administrative decision made lawfully thereunder. (Ord. 3230 § 8, 2009)
15-58-090 Enforcement.
A. Stop-Work Order—Revocation of Permit. In the event that any person holding a site development permit pursuant to this chapter violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the city may suspend or revoke the site development permit.
B. Violation and Penalties. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this chapter. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this chapter is committed, continued, or permitted shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements, for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this chapter shall be required to bear the expense of such restoration. (Ord. 3494 § 2(B), 2024; Ord. 3230 § 9, 2009)