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G-298 - 07/14/1981 - STORM WATER MANAGEMENT - Ordinances STaftMWAT6R MANACrE M AIT-So;L REGS 65-C2 g f C.-N.PW -7- 14- 91 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 : Ordinance G- 298 � Page 2 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. Gr q g ORDINANCE G- 298 Page 3 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. G 9 Ordinance No. G- 298 Page 4 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. ... Gr iC� Ordinance No . G- 298 Page 5 Regulations for the Control of Soil Erosion & Sedimentation F� 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 ; Ordinance No , G- 298 Page 6 Regulations for the Control of Soil Erosion & Sedimentation and �- 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. Ordinance No . G- 298 Page 7 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 *Iftw Ordinance No . G- 298 Page 8 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. Nft.. Ordinance No . G- 298 Page 9 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