G-298 - 07/14/1981 - STORM WATER MANAGEMENT - Ordinances STaftMWAT6R
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ORDINANCE NO. G- 298
AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF
THE VILLAGE OF OAK BROOK AND ESTABLISHING REGULATIONS FOR THE
CONTROL OF SOIL EROSION AND SEDIMENTATION AND STORM WATER
MANAGEMENT
BE IT ORDAINED BY THE PRESIDENTT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as
follows :
Section l : That Chapter 10 of the Code of Ordinances of
the Village of Oak—Brook be and is hereby amended by adding thereto
as Article III the following Sections 10- 53 through 10-61, inclusive
entitled "Soil Erosion and Sedimenation Regulations" , which Article
shall read as follows :
ARTICLE III - SOIL EROSION AND SEDIMENTATION
REGULATIONS :
Section 10- 53 - FINDINGS AND PURPOSE
A. Findings : The President and Board of Trustees hereby
find that :
1. Excessive quantities of sell may erode from areas
undergoing development ;
2 . The washing , blowing and falling of eroded soil
across and upon roadways endangers the health and
safety of users thereof by decreasing vision and re-
ducing traction of vehicles ;
3 . Soil erosion necessitates the costly repairing of
gulleys , washed-out fills , and embankments ;
4 . Sediment from soil erosion tends to clog sewers
and ditches and to pollute and silt rivers , streams ,
lakes , and reservoirs ;
S . Sediment limits the use of water and waterways
for most beneficial purposes , promotes the growth
of undesirable aquatic weeds , destroys fish and other
desirable aquatic life, and is costly and difficult
to remove.
B. Purpose : The President and Board of Trustees therefore
declare that the purpose of this Article is
to safeguard persons , protect property , pre-
vent damage to the environment , and promote
the public welfare by guiding , regulating and
controlling the design, construction, use and
maintenance of any development or other
activity which disturbs or breaks the topsoil
or otherwise results in the movement of earth .
C. General Principles : It is the objective of this Article
to control soil erosion and sedimenation
caused by development activities in the Village .
Measures taken to control erosion and sedi-
mentation shall be adequate to assure that
sediment is not transported from the site by
a storm event of ten-year frequency or less .
The following principles shall apply to all
development activities within the Village and
to the preparation of the submissions required
under Section 10- 55 of this Article :
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Regulations for the Control of Soil
Erosion & Sedimentation and Storm
Water Management
1. Development should be related to the topography
and soils of the site to create the least potential
for erosion . Areas of steep slopes where high cuts and
fills may be required should be avoided wherever possible
and natural contours should be followed as closely as
possible , except as modified by an approved Grading
Plan.
2 . Natural vegetation should be retained and pro-
tected wherever possible . Areas immediately adjacent
to natural watercourses should be left undisturbed
wherever possible .
3 . The smallest practical area of land should be ex-
posed for the shortest practical time during develop
ment .
4 . Sediment basins , debris basins , desalting basins,
or silt traps or filters shall be installed and
maintained to remove sediment from run-off waters
from land undergoing development .
S . The selection of erosion and sedimentation control
measures should be based on assessment of the probable
-frequency of climatic and other events likely to
contribute to erosion , and on evaluation of the risks ,
costs , and benefits involved.
6 . In the design of erosion control facilities and
practices , aesthetics and the requirements of con-
tinuing maintenance shall be considered.
7 . Provisions shall be made to accomodate the in-
creased run-off caused by changed soil and surface
conditions during and after development . Dra.inage-
N%w ways shall be designed so that their final gradients
and the resultant velocities of discharges will not
create additional erosion.
8 . Permanent vegetation and structures shall be in-
stalled as soon as practical during development .
Section 10- 54 - DEFINITIONS :
For the purpose of this Article the following terms are
defined as set forth below :
1 . EXCAVATION means any act by which organic matter ,
earth , sand, gravel , rock or any other similar material
is cut into , dug, quarried, uncovered , removed , dis -
placed , relocated or bulldozed and shall include the
conditions resulting therefrom.
2 . FILL means any act by which earth , sand, gravel ,
rock or any other material is deposited, placed, re-
placed , pushed , dumped , pulled, transported or
moved by man to a new location and shall include the
conditions resulting therefrom.
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Regulations for the Control of
Soil Erosion & Sedimentation and
Storm Water Management
3. GRADING PLAN means a topographical plan showing
existing land conditions and proposed elevations
as further detailed in Section 10-55 (D) (2) .
4 . LAND MODIFICATION means any act or resulting con-
dition of excavation, filling or stripping.
S . NATURAL DRAINAGE means storm water run-off and its
direction of flow due to the existing surface topo-
graphy prior to changes by man-made causes .
6 . STRIPPING means any activity which removes the
vegetative surface cover including the removal of top
soil .
Section 10-55 - LAND MODIFICATION:
A. Permit Required: Except as otherwise provided in this
Article , no person shall commence or per-
form any land modification without having
first obtained a permit from the Village
pursuant to the provisions of this Article .
A building permit encompassing any land
modification shall not necessitate any
separate permit as otherwise required
herein, provided that such permit shall
incorporate the provisions of this Article III .
Any Grading Plan or other land modification
plan approved in conjunction with the approval
of a Plat of Subdivision shall not require
a separate permit as otherwise required herein,
provided that the Grading Plan shall incorporate
the provisions of this Article III .
B. Exceptions : A permit shall not be required for any of
the following limited land modifications that
do not affect drainage onto or off of any
property consisting of:
1 . Excavations or fills of less than 16 cubic yards .
2 . Surface disturbances of less than 2500 square feet
of land area.
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Regulations for the Control of
Soil Erosion and Sedimentation and
Storm Water Management
3. Agricultural use of land, including gardening or the
implementation of conservation measures , and including
the construction of agricultural structures ;
4 . Installation, renovation or replacement of a septic
system, potable water service line or other utility to
serve an existing dwelling or structure .
5 . Excavation or removal of vegetation in rights-of-way
or public utility easements for the purpose of installing
or maintaining utilities .
6 . Maintenance , repair or replacement of existing lawn
areas not involving any new construction requiring a building
permit or subdivision approval .
C. Application for Permit : Application for a land modification
permit shall e made by the owner of the property or his
authorized agent to the Village on a form furnished for
that purpose . and shall be filed with and processed by
the Department of Building Inspection. Each application
shall bear the name (s) and address (es) of the owner and
developer of the site and of any consulting firm retained
by the applicant together with the name of the applicant ' s
principal contract at such firm, and shall be accompanied
by a filing fee as prescribed in Section 5-7 (30) of
the Code of Ordinances.
D. Required Documentation: Each application for a land modification
permit shall be accompanied by the following information:
1 . A plan in sufficient detail to enable easy location of the
site for which the permit is sought , including the boundary
lines and approximate acreage of the site , and a legend and
scale.
2 . A grading plan of the site showing and/or accompanied by:
a) Existing topography of the site and adjacent
land within approximately 100 feet of the boundaries ,
drawn at no greater than two-foot contour intervals
cleanly portraying the conformation and drainage pat-
tern of the area. One-foot contours may be required
if deemed necessary by the Village Engineer to evaluate
the proposed grading plan.
b) The location of existing buildings , structures ,
utilities , water bodies , flood plains , drainage
facilities , vegetative cover, paved areas , and
other significant natural or man-made features on
the site and adjacent land within approximately
100 feet of the boundary.
c) Soil borings , if deemed necessary by the Village
Engineer for the evaluation of the proposed
land modification.
d) Proposed use of the site , including present develop-
ment and planned utilization; areas of excavation,
grading, and filling; proposed contours , finished
grades , and street profiles ; provisions for storm
�.. drainage , including the control of accelerated run-
off, with a drainage area map and computations ;
kinds and locations of utilities ; and areas and acre-
ages proposed to be paved, covered, sodded or seeded,
vegetatively stabilized, or left undisturbed.
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Regulations for the Control of
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Storm Water Management
�- 3. An erosion and sedimentation control plan showing :
a) All erosion and sedimentation control measures
necessary to meet the objectives of this Article
throughout all phases of construction and perman-
ently after completion of development of the site .
b) Expected seeding dates , and kind and quantity of
mulching for temporary and permanent vegetative
control measures .
c) Provisions for maintenance of control facilities ,
including easements .
4 . The proposed phasing of work under the permit applied for ,
including stripping, rough grading and construction , and
final grading and landscaping . Phasing should identify the
expected date on which stripping will begin, the estimated
duration of exposure of stripped areas , location of any pro-
posed soil stock piles , and the sequence of stripping in-
stallation of temporary sediment control measures , installa-
tion of storm drainage , and establishment of permanent vegeta-
tive cover and permanent sediment control measures .
S . (1) through (4) above , submissions shall be prepared in
accordance with the standards and requirements contained in
"Standards and Specifications for Soil Erosion and Sediment
Control" prepared by the Northeastern Illinois Planning Com-
mission, 1978 Edition, which standards and requirements are
hereby incorporated into this Article by reference .
E . Bonds : The applicant shall be required to file with the Village
a performance bond or bonds , Letter of Credit, or other
security satisfactory to the Village Attorney to cover all
costs of improvements , landscaping, maintenance of improve-
ments and landscaping for such period as specified by the
Village , and to cover the cost of failure or repair of
improvements installed on the site pursuant to a land
modification permit .
The amount of such bond shall be equal to 100% of the esti-
mated cost of the land modification for which a permit is
`— issued provided, that where the estimated cost of such work
is less than Five Hundred Dollars and No Cents ($500 . 00)
no bond shall be required. Such bond shall be in addition
to and not in lieu of any other bond required under the
Ordinances of the Village .
Any such bond shall be subject to forfeiture by the Village
upon default by the Permittee in any material aspect of
said permit . Such forfeiture shall be in addition and
not in derogation of any other rights of the Village.
F . Review and Approval : Each application for a land modification
permit shall be reviewed and acted upon according to the
following procedures :
1. The Village Engineer will review each application for a
land modification permit to determine its conformance with
the provisions of this Article .. Within thirty (30) days
after receiving a complete application, the Village Engineer
shall in writing :
a) approve the permit application if it is found
to be in conformance with the provisions of
this Article and issue the permit ;
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Regulations for the Control of
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�- Storm Water Management
b) approve the permit application subject to such
reasonable conditions as may be necessary to
secure substantially the objectives of this
Article , and issue the permit subject to these
conditions ; or
c) disapprove the permit application , indicating the
deficiencies and the procedure for submitting a
revised application and/or submission.
G . Retention of Plans : Plans , specifications and reports
for all land modifications , which a permit is sought ,
including as-built drawings , shall be retained by the
Village .
H. Special Conditions :
1 . If at any stage of the work under any land modification
`- permit the Village determines that the nature of the site
is such that further work authorized by an existing permit
is likely to imperil any property, public way, watercourse
or drainage structure , the Village may require reasonable
special precautions to be taken as is considered advisable
to avoid the likelihood of such peril . "Special conditions"
may include , but shall not be limited to , a more level ex-
posed slope , construction of additional drainage facilities ,
berms , terracing, compaction, or cribbing, installation of
plant materials for erosion control , and recommendations of
a registered soils engineer and/or engineering geologist which
may be made requirements for further work .
2 . Where storm damage may result because the land modification
is not complete, the work may be stopped and the permittee re-
quired to install temporary structures or take such other
measures as may be required to protect adjoining property or
the public safety. The Village may require that the operations
be conducted in specific stages so as to insure prompt com-
pletion of protective measures .
`- I . Expiration of Permit : Every land modification permit shall
expire and become null and void if the work authorized
by such permit has not been commenced within ninety (90)
days , or is not completed by a date which shall be specified
in the permit , except that the Village may, if the permittee
presents satisfactory evidence that unusual difficulties
have prevented work being commenced or completed within
the specified time limits , grant a reasonable extension
of time if written application is made before the ex-
piration date of the permit .
Section 10- 56 - INSPECTIONS :
The Village shall make inspections as hereinafter required and shall
either approve that portion of the work completed or shall notify
the permittee wherein the work fails to comply with the permit as
approved. Plans for grading , stripping, excavating, and filling
work bearing the stamp of approval of the Village Engineer shall
be maintained at the site during progress of the work . In order
to obtain inspections , the permittee shall notify the Village
at least 24 hours before the completion of:
a) stripping and rough grading ;
b) final grading ; and
c) final landscaping.
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Regulations for the Control of
Soil Erosion & Sedimentation &
Storm Water Management
If stripping, grading and/or landscaping are to be done in phases
or areas , the permittee shall give notice and request inspection
at the completion of each of the above work stages in each phase
or area.
Section 10- 57 - POSTING OF PERMIT:
The permittee shall prominently display the permit on a sign not
exceeding 2 square feet in area which shall be securely placed or
otherwise erected on the front property line of the property in-
volved so as to be visible from the street on which the property
fronts . Said display shall continue uninterupted until final
inspection and approval of the work under the permit .
Section 10- 58 - VARIANCES
The Village President and Board of Trustees may in accordance with
the following procedures authorize variance (s)from any of the
regtii cements and regulations set forth in this Article . Applications
for variancefs)shall be made stating fully the grounds of the peti-
tion and the facts relied upon by the applicant . A copy of the
permit application shall be attached to any such petition . No
such variance shall be granted except upon proof that strict
enforcement of the provisions of this Article cause a hardship
on the applicant . Hardship for purposes of this Article shall in-
clude , but not be limited to situations where :
1 . The land is of such shape or size or is affected by such
physical conditions that it is impossible or impractical
for the applicant to comply with all of the requirements
of this Article .
2 . The variance is necessary for the preservation and enjoy-
ment of a substantial property right of the applicant ; and
3. The granting of the variance will not be detrimental
to the public welfare or injurious to other property in
the vicinity of the subject property .
On any requested variance the corporate authorities may take im-
mediate action on such petition, or refer the matter to its Plan
Commission for a hearing and recommendation from that body prior
to its decision on the petition.
Section 10- 59 - STOP-WORK ORDER; REVOCATION OF PERMIT:
In the event any person holding a permit pursuant to this Article
violates the terms of the permit or effects a land modification in
such a manner as to materially and adversely affect the health,
welfare or safety of persons residing or working in the neighborhood
of the development site or so as to be materially detrimental to
the public welfare or injurious to property or improvements in the
neighborhood, the Village Engineer may suspend or revoke the land
modification permit .
A. Suspension of a permit shall be by a written stop-work
order issued by the Village Engineer and delivered to
`.. the permittee or his agent or the person performing
the work . The stop-work order shall be effective im-
mediately and shall state the specific violations cited.
A stop-work order shall remain in effect until the next
regularly scheduled meeting of the Village Board at which
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Regulations for the Control of
a. Soil Erosion & Sedimentation
Storm Water Management
the conditions of sub-paragraph B below can be met .
B . No land modification permit shall be permanently sus-
pended or revoked until a hearing is held by the Village
Board. Written notice of such hearing shall be served
on the permittee , either personally or by registered
mail , and shall state :
a) the grounds for suspension or revocation ,
in clear and concise language ; and
b) the time and place where such hearing will
be held.
Such notice shall be served on the permitteee at least
five (5) days prior to the date set for the hearing .
At such hearing, the permittee shall be given an oppor-
tunity to be heard and may call witnesses and present
evidence on his behalf. At the conclusion of the hearing
the Village Board shall determine whether the permit
shall be suspended or revoked.
Section 10-60 - APPEALS :
Any applicant or permittee aggrieved by any decision of the Village
Engineer in disapproving a permit application or requiring special
conditions , or aggrieved by any other condition of an approved
permit may appeal such decision to the Village President and Board
of Trustees . The Village President and Board of Trustees shall
process such appeal in a manner substantially similar to the pro-
cedures utilized by the Zoning Board of Appeals pursuant to Section
XIII (F) of the Oak Brook Zoning Ordinance .
Section 10-61 - PENALTY FOR VIOLATION:
Any person, firm or corporation violating any of the provisions
of this Article shall be fined not less than $ 25 . 00 or more than
$500 . 00 for each offense , and a separate offense shall be deemed
committed on each day during or on which a violation occurs or
continues .
Section 2 : If any part of this Ordinance is for any reason held
to be invalid by the decision of any court of competent jurisdiction
such decision shall not affect the validity of the remaining portions
of this Ordinance .
Section 3 : The Village Clerk is hereby authorized and directed to
publish this Ordinance in pamphlet form in the manner provided by law.
Section 4 : That all ordinances or parts thereof in conflict with the
provisions of this Ordinance, including Sections 12- 361 to 12- 363 , in-
clusive , of the Code of Ordinances , be and the same are hereby repealed.
Section 5 : That this Ordinance shall be in full force and effect
from and after its passage , approval and publication in pamphlet
form, all as required by law.
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Ordinance No . G- 298
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l`- Regulations for the Control of
Soil Erosion & Sedimentation
$ Storm Water Management
Passed this 14th day of July 1981 .
Ayes : Trustees Congreve, Imrie, Listecki and Rush
Nays : None
Absent : Trustees Philip and Watson
Approved this 14th day of July 1981 .
Vi lage President
ATTEST:
Village Clerk
Approved as to Form:
Vi age At orney
Published July 15, 1981 Pamphlet
Date Paper
Not Published