Chapter 15-60
EROSION AND SEDIMENTATION CONTROL
Sections:
15-60-030 General criteria and standards.
15-60-070 Prohibition of earth removal.
15-60-110 Operation standards and requirements.
15-60-120 Special precautions.
15-60-130 Expiration of permit.
15-60-140 Application for exception.
15-60-150 Referral of proposed exceptions.
15-60-170 Revocation of permits—Authority.
15-60-180 Procedure for revoking site development permit.
15-60-210 Violations—Penalties.
15-60-010 Purpose.
The erosion of soil from areas undergoing development for certain nonagriculture uses has created health and safety problems for local residents, clogged sewer lines and ditches necessitating costly repairs, increased sedimentation in waterways destroying aquatic life and increasing flooding potential. The purpose of this erosion and sedimentation control legislation is to provide minimum standards to safeguard persons, to protect property and prevent the despoliation of the environment, and to promote the public welfare by regulations and controlling the design, construction quality of materials and use and maintenance of any development or other activity which disturbs or breaks the topsoil or otherwise results in the movement of earth or land situated in the city. (Ord. 2286 § 20.0, 1982; Ord. 2244 § 1, 1981)
15-60-020 Definitions.
For the purpose of this chapter, certain terms used herein are defined as set forth below:
“Building permit” means a permit issued by the city for the construction, erection or alteration of a structure or building.
“Certify” or “certification” means the specific inspections and tests where required have been performed, and that such tests comply with the applicable requirements of this chapter.
“City” means the city of Harvey.
“Cubic yards” means the amount of material in excavation and/or fill measured by the method of average end areas.
“Excavation” means any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting from any excavation or fill.
“Land surveyor” means a registered surveyor of the state of Illinois.
“Parcel” means all contiguous land in one ownership.
“Permittee” means any person to whom a site development permit is issued.
“Person” means any person, firm or corporation, public or private, the state of Illinois and its agencies or political subdivisions, and the United States of America, its agencies and instrumentalities, and any agent, servant, officer or employee of any of the foregoing.
“Removal” means cutting vegetation to the ground or stumps, complete extraction or killing by spraying.
“Site” means a lot or parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.
“Site development” means altering terrain and/or vegetation and constructing driveways.
“Vacant” means land on which there are no structures or only structures which are secondary to the use or maintenance of the land itself. (Ord. 2244 § 2, 1981)
15-60-030 General criteria and standards.
The following general principles shall apply to any movement of earth and any sedimentation and erosion control plan and the granting of a permit for the execution of said plan as hereinafter provided:
A. The smallest practical area of land shall be exposed at any given time during development.
B. Such minimum area exposure shall be kept to as short a duration of time as is practical.
C. Temporary vegetation or, where appropriate, mulching or other nonviable cover shall be used to protect areas exposed during development.
D. Sediment basins, debris basins, desilting basins, or silt traps shall be installed and maintained to remove sediment from run-off waters from land undergoing development.
E. Provisions shall be made to effectively accommodate the increased run-off caused by changed soil and surface conditions during and after development.
F. Permanent, final plant covering or structures shall be installed as soon as possible.
G. The plan of development shall relate to the topography and soils of the site so that the lowest potential for erosion is created.
H. Natural plant covering shall be retained and protected so as is consistent with developing the site. (Ord. 2286 § 20.1, 1982; Ord. 2244 § 3, 1981)
15-60-040 Permit required.
A. Before the 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 city, a site development permit embodying the proposed earth movement shall be obtained from the city where development comes under any one or more of the following provisions, unless such development is exempted therefrom by subsection (B) of this section.
1. Excavation fill, or any combination thereof, will exceed twenty-five (25) cubic yards;
2. Fill will exceed one foot in vertical depth at its deepest point measured from the natural ground surface;
3. Excavation will exceed one foot in vertical depth at its deepest point;
4. Excavation, fill or any combination thereof will exceed an area of five hundred (500) square feet;
5. Plant cover is to be removed from an area exceeding five hundred (500) square feet on any vacant parcel of land or any parcel of land in excess of one acre.
B. A site development permit shall not be required in the following cases:
1. Excavation below finished grade for septic tanks and drain fields, tanks, vaults, tunnels, equipment basements, swimming pools, cellar, or footings of buildings or structures for which a building permit shall have been issued by the city, unless part of a development which would otherwise require such a permit;
2. Excavation or removal of vegetation in public utility easements by public utility companies for the purpose of installing underground utilities;
3. Tilling of the soil for fire protection purposes;
4. 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:
a. The construction of sod waterways, or The construction of terraces, or e. The construction of surface water diversions, or f. The construction of grade stabilization structures, or g. The tilling of soil. (Ord. 2286 § 20.2, 1982; Ord. 2244 § 4(A), 1981)
15-60-050 Application.
A. No site development or building permit shall be issued until said developer submits a site development plan, together with other submissions required by this chapter, and certifies that any landclearing construction or development involving the movement of earth shall be in accordance with such plan and submissions.
B. Each application for a site development permit shall be made by the owner of the property or his authorized agent to the city engineer and the director of planning for their approval. When grading or plant cover removal is proposed as part of a building permit application, they may be combined, and one plot plan in the number of copies required by the city engineer and director of planning may be submitted showing building plans and site development plans. In such instances, a registered land surveyor shall certify as to the accuracy of the existing and proposed contour lines. Each application shall be accompanied by the following:
1. 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 one hundred (100) feet of the site, together with a legend and scale, there shall be included on or with such a vicinity sketch:
a. A soil map of the subject property showing the predominant soil types on the site,
b. Enough information on those areas abutting or adjacent to the site to show existing drainage patterns and drainage course that may affect, or be affected by the development of the site,
c. The name and address of the developer or owner,
d. The name and address of any consulting firm retained by the applicant, together with the name of applicant’s principal contact at such firm,
e. Limits of natural floodplain(s) if any,
f. Areas to be sodded, seeded, mulched or paved,
g. Areas to be left undisturbed;
2. With respect to site grading, existing topography of the site and one-hundred-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;
3. 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:
a. Whether the drainage course is bare earth or vegetated,
b. Whether the constructed outlet will be in open sun, open shade, or dense shade,
c. Whether the natural or proposed outlet is subject to long term or continuous flow,
d. Whether the existing outlet is actively eroding,
e. Whether there is evidence of high water table (permanent or seasonal),
f. Whether the area is subject to seepage or spring flow,
g. The elevation of normal water level in all proposed and natural outlets,
h. A profile below outlet for a sufficient distance to indicate the natural gradient of the accepting natural outlet and/or stream channel,
i. A cross-section and profile of existing stream channels where applicable,
j. A ditch design and computations for all seeded, sodded, or bare earth outlets, ditches and similar water conduction facilities;
4. Estimate Schedule and Phasing of Development of the Site.
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Phase I |
Stripping and/or clearing; |
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Phase II |
Rough grading and construction; |
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Phase III |
Final grading and vegetative establishment; |
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Phase IV |
Maintenance. |
All erosion and sediment control plans submitted to the city engineer and director of planning for approval shall show all the erosion and sediment control measures needed to provide protection throughout, all the phases of construction listed above. These plans shall also include any off-site borrow and spoil areas, sewer lines, utility lines, and haul and access roads, and shall further indicate:
a. The start of clearing date,
b. Duration of exposure of disturbed areas,
c. Installation of temporary sediment control measures (vegetative and structural) by phase and date,
d. Installation of storm drainage by phase and date,
e. Establishment of permanent vegetable cover (phase 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, lines and fertilizer application, temporary seedings if needed, mulching, or similar stabilization procedures,
f. Paving of streets and parking areas, if any, by phase and date,
g. Details of all structural sediment control measures,
h. Computations for sediment basins, if any;
5. The standards and requirements of “Standards and Specifications for Soil Erosion and Sediment Control in Northeastern Illinois,” first edition, as compiled by area County Soil and Water Conservation Districts are incorporated into this section for and made a part hereof by this reference, for purpose of exemplifying the considerations and factors which should enter into the preparation of a site development plan. (Ord. 2286 § 20.3, 1982; Ord. 2244 § 4(B), 1981)
15-60-060 Bonds.
The applicant may be required to file with the city clerk a faithful performance bond or other improvement security satisfactory to the city in the amount deemed sufficient by the city to cover all the cost of improvements, landscaping, maintenance of landscaping for such periods as specified by the city, engineering, inspection fees and incidental expenses. (Ord. 2286 § 20.4, 1982; Ord. 2244 § 4(C), 1981)
15-60-070 Prohibition of earth removal.
No site development permit shall be issued for an intended building site unless:
A. Such permit is accompanied by or combined with a valid building permit issued by the city; or
B. The proposed earth moving is coordinated with any overall plan previously approved by the city for the area in which the site is situated. (Ord. 2286 § 20.5, 1982; Ord. 2244 § 4(D), 1981)
15-60-080 Responsibility.
Failure of the city officials to observe or recognize hazardous or unsightly conditions or to recommend denial of the site development permits, shall not relieve the permittee from responsibility for the condition or damage resulting therefrom, and shall not result in the city, its officer or agents being responsible for any condition or damage resulting therefrom. (Ord. 2286 § 20.6, 1982; Ord. 2244 § 4(E), 1981)
15-60-090 Retention of plans.
Plans, specifications and reports for all site developments shall be retained in original form by the Harvey Building and Planning Department. (Ord. 2286 § 20.7, 1982; Ord. 2244 § 4(F), 1981)
15-60-100 Inspections.
The city engineer and director of planning shall make inspections as required in this chapter and shall either approve that portion of the work completed or shall notify the permittee wherein the same fails to comply with the site development plan. Where it is found by inspection that conditions are not substantially as stated or shown in the said plan, they may stop further work until approval is obtained for a revised grading plan conforming to the existing conditions plans for grading work, bearing the stamp of approval of the city engineer and director of planning, and shall be maintained at the site during progress of the grading. Until the final inspection is made, a sign issued by the city indicating permission to grade has been granted the city shall be prominently displayed on the front property line of the property involved so as to be visible from the street which the property fronts. In order to obtain inspections in accordance with the following schedule, the permittee shall notify the city engineer and director of planning at least two full working days before the said inspection is to be made.
A. Rough Grading. When all rough grading has been completed; and
B. Final Inspection. When all work, including installation of all drainage and other structures and required planting, has been completed. (Ord. 2286 § 20.8, 1982; Ord. 2244 § 4(G), 1981)
15-60-110 Operation standards and requirements.
A. Applicability. All earth moving, grading and grading operations not specifically exempted by the provision of this chapter shall comply with the applicable standards and requirements set forth in this Section 15-60-110 in addition to the other requirements of this chapter.
B. Handbook Adopted by Reference. The standards and specifications of “Standards and Specifications for Soil Erosion and Sediment Control in Northeastern Illinois,” first edition, as compiled by area County Soil and Water Conversation Districts are incorporated into this section 15-60-110 and made a part hereof by this reference for the purpose of delineating procedures and methods of operation under the development plans approved in Sections 15-60-040 through 15-60-100 of this chapter. In the event of conflict between provisions of the said “Handbook” and other provisions of this chapter, the said provisions of this chapter shall govern. (Ord. 2286 § 20.9, 1982; Ord. 2244 § 5(A—B), 1981)
15-60-120 Special precautions.
A. If at any stage of the grading the city engineer or director of planning determines by inspection that the nature of the formation is such that further work as authorized by an existing permit is likely to imperil any property, public way, watercourse or drainage structure, they may require, as a condition to allowing the work to be done, that such reasonable safety precautions be taken as he considers advisable to avoid the likelihood of such peril. “Special precautions” may include, but shall not be limited to, specifying a more level exposed slope, construction of additional drainage facilities, berms, terracing, compaction, leveling or cribbing, installation of plant materials for erosion control and reports of a registered engineer geologist whose recommendations may be made requirements for further work.
B. Where it appears that storm damage may result because the grading is not complete, work may be stopped and the permittee required to install temporary planting to control erosion, install temporary structures or take such other measures as may be required to protect adjoining property or the public safety. On large operations or where unusual site conditions prevail, the city engineer or director of planning may specify the time of starting grading and time of completion or may require that the operations be conducted in specific stages so as to insure completion of protective measures or devices prior to the advent of seasonal rains. (Ord. 2244 §
5 (C), 1981)
15-60-130 Expiration of permit.
Every site development permit shall expire by limitation and become null and void if the work authorized by such permit has not been commenced within one hundred eighty (180) days, or is not completed within one year from date of issue; except that the city council may, if the permit holder presents satisfactory evidence that unusual difficulties have prevented work being started or completed within the specified time limits, grant a reasonable extension of time if written application is made before the expiration date of the permit. (Ord. 2244 § 5(D), 1981)
15-60-140 Application for exception.
Application for any exception shall be made by a verified petition of applicant stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the site development permit application. In order for the land referred to in the petition to come within the provision of this section, it shall be necessary that the mayor and city council find all of the following facts with respect thereto:
A. That the land is of such shape or size or is affected by such physical conditions or is subject to such title limitations or record that it is impossible or impractical for the subdivider or property owner to comply will all of the regulations of this chapter
B. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
C. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property. (Ord. 2286 § 20.10(A)(1), 1982; Ord. 2244 § 6(A)(1), 1981)
15-60-150 Referral of proposed exceptions.
Each proposed exception shall be referred to the city engineer and director of planning. They shall transmit to the mayor and city council their recommendations, which recommendations shall be reviewed prior to the granting of any exception. (Ord. 2286 § 20.10(A)(2), 1982; Ord. 2244 § 6(A)(2), 1981)
15-60-160 Appeals.
After review thereon, the mayor and city council by resolution may approve the site development permit application with the exceptions and conditions it deems necessary or it may disapprove such site development permit application and exception application or it may take such other action as is appropriate. (Ord. 2286 § 20.10(A)(3), 1982; Ord. 2244 § 6(A)(3), 1981)
15-60-170 Revocation of permits—Authority.
In the event any person holding a site development permit pursuant to this chapter violates the terms of the permit, or conducts or carries on said development in such a manner as to materially adversely affect the health, welfare or safety of persons residing or working in the neighborhood of the property of the said permit, or conducts or carries on said site development so that it is materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the mayor, and city council shall revoke or suspend the site development permit. (Ord. 2286 § 20.10(B)(1), 1982; Ord. 2244 § 6(B)(1), 1981)
15-60-180 Procedure for revoking site development permit.
No site development permits shall be permanently revoked or suspended until a review is held by the mayor and city council. Written notice of such review shall be served upon the permittee, either personally or by registered mail and shall state:
A. The grounds or complaint or reasons for the revocation or suspension in clear and concise language;
B. The time when, and the place where, such review is to be held. Such notice shall be served by registered mail or personal service on the permittee at least five days, prior to the date set for the review. At any such review, the permittee shall be given an opportunity to be heard, and he may call witnesses and present evidence on his behalf. Upon conclusion of such review the mayor and city council shall determine whether or not the permit shall be suspended or revoked;
C. The mayor and city council shall hold the hearing to consider recommendations for revocation or suspension of permits which have been temporarily suspended at the next regularly scheduled meeting of the city council at which all conditions of paragraph B above can be fulfilled. (Ord. 2286 § 20.10(B)(2), 1982; Ord. 2244 § 6(B)(2), 1981)
15-60-190 Fees.
Filing fees and deposits for services shall be set forth in city ordinance or as deemed necessary for specific projects. (Ord. 2286 § 20.10(C), 1982; Ord. 2244 § 6(C), 1981)
15-60-200 Nuisances.
This chapter shall not be construed as authorizing any person to maintain a private or public nuisance upon their property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such nuisance. (Ord. 2286 § 20.10(D), 1982; Ord. 2244 § 6(D), 1981)
15-60-210 Violations—Penalties.
No person, firm or corporation 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 provisions of this chapter. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted, and upon conviction of any such violation such person shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. (Ord. 2244 § 6(E), 1981)