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Chapter 32 - Stormwater Control Code

CHAPTER 32

 

STORMWATER CONTROL CODE

ARTICLE I – GENERALLY

 

 

          32-1-1        AUTHORITY AND PURPOSE.  This Code is enacted pursuant to the police powers granted to the Village by the Illinois Compiled Statutes 65 ILCS 5/1-2-1, 65 ILCS 5/11-12-5, 65 ILCS 5/11-30-8, 65 ILCS 5/11-109-1, and 65 ILCS 5/5-11-107-1.

          The purpose of this Code is to diminish threats to public health and safety, protect property, prevent damage to the environment and promote public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any new development or redevelopment or other activity which disturbs or breaks the topsoil or otherwise results in the movement of earth, and/or changes the stormwater drainage pattern and/or stormwater flows from that which would have occurred if the land had been left in its natural state. This stormwater runoff and resulting soil erosion could result in the inundation of damageable properties, the erosion and destabilization of downstream channels, and the pollution of valuable stream and lake resources. This Code regulates these activities to minimize adverse impacts.

          The purpose of this Code is also to comply with the General National Pollutant Discharge Elimination System (NPDES) Permit No. ILR40 regulations, the Notice of Intent (NOI) submitted to the IEPA in 2003.

          This Code is adopted to accomplish the following objectives:

          (A)               To assure that new development or redevelopment does not increase the drainage or flood hazards, or create unstable conditions susceptible to soil erosion;

          (B)               To protect new buildings and major improvements to buildings from flood damage due to increased stormwater runoff and soil erosion;

          (C)               To protect human life and health from the hazards of increased flooding and soil erosion on a watershed basis;

          (D)               To lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public facilities and utilities, correction of channel erosion problems, and flood rescue and relief operations caused by storm water runoff and soil erosion quantities from new development or re-development;

          (E)                To protect, conserve, and promote the orderly development of land and soil, water, air, animal, and plant resources;

          (F)                To preserve the natural hydrologic and hydraulic functions of watercourses and flood plains and to protect water quality and aquatic habitats;

          (G)               To preserve the natural characteristics of stream corridors in order to manage flood and stormwater impacts, improve water and groundwater quality, reduce soil erosion, protect aquatic and riparian habitat, maintain quality forest resources, provide recreational opportunities, provide aesthetic benefits, enhance community and economic development.

 

          32-1-2        OTHER RELEVANT PERMITTING.  Before a Drainage Permit under this Code becomes effective, all required Federal, State, and Local permits will have been officially approved.  The acquisition of these permits shall be the sole responsibility of the applicant.  These may include but are not limited to Section 404 of the Clean Waters Act, Section 106 of the National Historic Preservation Act, Section 10 of the Rivers and Harbors Act, or permitting required by the Illinois Department of Natural Resources, Office of Water Resources in accordance with the Rivers, Lakes and Streams Act, 615 ILCS, the Soil and Water Conservation Districts Act, 70 ILCS, the Farmland Preservation Act, 505 ILCS the Illinois Groundwater Protection Act, 415 ILCS and the National Pollutant Discharge Elimination System Permit (NPDES) through the Illinois Environmental Protection Agency, Division of Water Pollution Control. Compliance is also required with but not limited to the Subdivision Control Code.

 

 

          32-1-3        APPLICABILITY.  This Code applies to all new development or re-development in the Village.  Except as otherwise provided in this Code, no person, firm or corporation, public or private, the State of Illinois and its agencies or political subdivisions, the United States of America, and its agencies or political subdivisions, any agent, servant, officer or employee of any of the foregoing which meets the following provisions or is otherwise exempted in this Code, shall commence any development activities without first having obtained a Drainage Permit from the Mayor or his designee.

          (A)               Any new development or re-development containing an area of one (1) acre; or,

          (B)               Any new development or re-development that contains an area ten thousand (10,000) or more square feet or total impervious surface (i.e., streets, roof, patio, or parking area or any combination thereof); or

          (C)               Any land disturbing activity (i.e., clearing, grading, stripping, excavation, fill, or any combination thereof) that affects an area of ten thousand (10,000) or more square feet, or that will exceed one hundred (100) cubic yards; or

          (D)               Any land disturbing activity if the activity is within twenty-five (25) feet of a river, lake, pond, stream, sinkhole, or wetland; and is done in conjunction with paragraphs (A) and (B) of this Section.

 

 

          32-1-4        EXEMPTIONS.  Drainage Permit shall not be required for the following:

          (A)               Any new development, re-development or other activity falling below the minimum standards as set forth in Section 32-1-3

          (B)               The agricultural use of land, including the implementation of conservation measures included in a farm conservation plan approved by the Soil and Water Conservation District, and including the construction of agricultural structures.

          (C)               The maintenance of any existing stormwater drainage/detention component or structure or any existing soil erosion/sediment control component or structure, including dredging, levee restoration, tree removal or other function which maintains the original design capacities of the above.

 

          (D)               The construction of, improvements to, or the maintenance of any street, road, highway or interstate highway performed by any unit of government whose powers grant such authority.

 

 

          32-1-5        DRAINAGE PERMIT.  Drainage Permit is required for these uses but shall not be subject to the provisions of Article III of this Code.

          (A)               Any land disturbing activity that is one (1) acre (43,560 S.F.) or less; or development of tracts of land where not more than one (1) single family dwelling is being erected; or, any lots in a new subdivision of land where the lots front and have their sole access on an existing street or roadway.

 

 

          32-1-6        EXCEPTIONS.  The Village Board may, in accordance with the following procedures, authorize exceptions to any of the requirements and regulations set forth in this Code:

          (A)               Application for exception shall be made by a verified petition of the applicant for a Drainage Permit, stating fully the grounds of the petition and the facts relied upon by the applicant. Such petition shall be filed with the Drainage Permit application. In order for the petition to be granted, it shall be necessary that the Village Board find all of the following facts with the respect to the land referred to in the application:

(1)      That the land is of such shape or size or is affected by such physical conditions or is subject to such title limitations of record, that it is impossible or impractical for the applicant to comply with all of the requirements of this Code;

(2)      That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant; and

(3)      That the granting of the exception will not be detrimental to the public welfare, environment or injurious to other property in the vicinity of the subjects property.

          (B)               Each application for an exception shall be made to the Mayor or his designee.  The Mayor or his designee will review and transmit recommendations to the Village Board, which shall review such recommendations prior to granting or denying the exception.

          (C)               The Village Board shall hold a public hearing on each application for exception, within thirty (30) days after receiving the application, in the manner by ordinance.  Within thirty (30) days after public hearing, the Village Board shall either approve the site Drainage Permit application with the exceptions and conditions it deems necessary or it shall disapprove such Drainage Permit application and exception application, or it shall take other such action as appropriate.


          32-1-7        RESPONSIBILITY.  The applicant shall not be relieved of responsibility for damage to persons or property otherwise imposed by law, and the Village or its officers or agents will not be made liable for such damage, by (1) the issuance of a Drainage Permit under this Code, (2) compliance with the provisions of that Drainage Permit or conditions attached to it by the Mayor or his designee, (3) failure of Village Officials to observe or recognize hazardous or unsightly conditions, (4) failure of Village Officials to recommend denial or to deny a Drainage Permit, or (5) exemptions from Drainage Permit requirements of this Code.

 

 

          32-1-8        NPDES COMPLIANCE.  New and re-development, that is applicable to this Code (per Section 32-1-3) must comply with the NPDES regulations (the General NPDES Permit No. ILR 40 and the NOI).  NPDES compliance is obtained by adhering to this Code, ILR10 permits, and the NOI submitted for each individual community and all future steps taken by the individual communities to implement the NOI.

          (A)               Public Education and Outreach on Storm Water Impacts.  In accordance with the General NPDES Permit No. ILR40 and the NOI, the Village of Westville will comply and implement activities as outlined in the Public Education and Outreach on Storm Water Impacts.

          (B)               Public Involvement/Participation.  In accordance with the General NPDES Permit No. ILR40 and the NOI, the Village of Westville will comply and implement activities as outlined in the Public Involvement/Participation.

          (C)               Illicit Discharge Detection and Elimination.  In accordance with the General NPDES Permit No. ILR40 and the NOI, the Village of Westville will comply and implement activities as outlined in the Illicit Discharge Detection and Elimination.

          (D)               Construction Site Storm Water Runoff Control.  In accordance with the General NPDES Permit No. ILR40 and the NOI, the Village of Westville will comply and implement activities as outlined in the Construction Site Storm Water Runoff Control.

          (E)                Post-Construction Storm Water Management in New Development and Redevelopment.  In accordance with the General NPDES Permit No. ILR40 and the NOI, the Village of Westville will comply and implement activities as outlined in the Post-Construction Storm Water Management in New Development and Redevelopment.

          (F)                Pollution Prevention/Good Housekeeping.  In accordance with the General NPDES Permit No. ILR40 and the NOI, the Village of Westville will comply and implement activities as outlined in the Pollution Prevention/Good Housekeeping.

 

 

          32-1-9        INFORMATION ACCESSIBILITY TO THE PUBLIC.  Documents relating to the adherence to this Code are available for review by request at Village Hall.

 

ARTICLE II - DEFINITIONS

 

 

          32-2-1        DEFINITIONS.  For the purposes of this Code certain terms are defined and set forth below:

 

Adverse Impacts:  Any negative impact on plant, soil, air or water resources affecting their beneficial uses including recreation, aesthetics, aquatic habitat, quality, and quantity.

 

Applicant:  Any person, firm, or governmental agency who executes the necessary forms to procure official approval of a development or permit to carry out construction of a new development or re-development from the Village.

 

Base Flood Elevation:  The elevation at all locations delineating the level of flooding resulting from the 100-year frequency flood event, which has a one percent (1%) chance of occurring in any given year.

 

Building Permit:  A permit issued by the Village for the construction, erection or alteration of a structure or building and the related ground and surface preparation prior to and after completion of construction, erection or alteration of a structure or building.

 

Bypass Flows:  Stormwater runoff from upstream properties tributary to a property's drainage system but not under its control.

 

Certify or Certification:  Formally attesting that the specific inspections and tests were performed, and that such inspections and tests comply with the applicable requirements of this Code.

 

Channel:  Any defined river, stream, creek, brook, branch, natural or artificial depression, ponded area, on-stream lake or impoundment, karst area (sinkhole), flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or manmade drainage way, which has a definite bed and bank or shoreline, in or into which surface or groundwater flows, either perennially or intermittently.

 

Channel Modification:  Alteration of a channel by changing the physical dimensions or materials of its bed or banks.  Channel modification includes damming, riprapping (or other armoring), filling, widening, deepening, straightening, relocating, lining, and significant removal of bottom or woody rooted vegetation.  Channel modification does not include the man-made clearing of debris or removal of trash.

 

Clearing:  Any activity which removes the natural vegetative ground cover.

 

Compensatory Storage:  An artificially excavated, hydraulically equivalent volume of storage within the floodplain used to balance the loss of natural flood storage capacity when fill or structure are placed within the floodplain.


Conduit:  Any channel, pipe, sewer or culvert used for the conveyance or movement of water, whether open or closed.

 

Cubic Yard:  A one (1) yard by one (1) yard by one (1) yard amount of material in excavation and/or fill.

 

Detention Basin:  A facility constructed or modified to provide for the temporary storage of stormwater runoff and the controlled release by gravity of this runoff at a prescribed rate during and after a flood or storm.

 

Detention Time: The amount of time stormwater is held within a detention basin.

 

Development:  Any manmade change to real estate or property, including:

          (A)               The division or subdivision of any duly recorded parcel of property;

          (B)               Construction, reconstruction or placement of a building or any addition to a building;

          (C)               Installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than one hundred eighty (180) days per year;

          (D)               Construction of roads, bridges, or similar projects;

          (E)                Redevelopment of a site;

          (F)                Filling, dredging, grading, clearing, excavating, paving or other non-agricultural alterations of a ground surface;

          (G)               Storage of materials or deposit of solid or liquid waste;

          (H)               Any other activity that might alter the magnitude, frequency, direction, or velocity of stormwater flows from a property.

 

Drainage Plan:  A plan, including engineering drawings and supporting calculations, which describes the existing stormwater drainage system and environmental features, including grading, as well as proposed alterations or changes to the drainage system and environment of a property.

 

Dry Basin:  A detention basin designed to drain after temporary storage of stormwater flows and to normally be dry over much of its bottom area.

 

Erosion:  The general process whereby soil or earth is moved by rainfall, flowing water, wind or wave action.

 

Excavation:  Any act by which organic matter, earth, sand, gravel, rock or any other similar material, is cut into, dug, quarried, uncovered, removed, displaced, re-located or bulldozed and shall include the conditions resulting from such actions.

 

Excess Stormwater Runoff:  The volume and rate of flow of stormwater discharged from a new development or re-development which is or will be in excess of that volume and rate which existed before development or re-development.


Existing Grade:  The vertical location of the existing ground surface prior to excavation or filling.

 

Fill:  Any act by which earth, sand, gravel, rock, or any other material, is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man to a new location and shall include the conditions resulting therefrom.

 

Final Grade:  The vertical location of the ground surface after grading work is completed in accordance with the engineering plans.

 

Flood Fringe:  That area as designated by the Federal Emergency Management Agency (FEMA) on either side of the floodway.  This area is subject to inundation from the base flood but conveys little or no flow.

 

Flood Hazard Boundary Map (FHBM):  A very generalized map prepared by the Federal Emergency Management Agency (FEMA) which shows only where floodplains are located based on very basic data. FHBM's do not include base flood elevations.

 

Flood Insurance Rate Map (FIRM):  A map prepared by the Federal Emergency Management Agency (FEMA) that depicts the special flood hazard area (SFHA) within a community. This map includes insurance rate zones and regulatory floodplains and may or may not depict regulatory floodways.

 

Floodplain:  That land adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation which is subject to inundation. The floodplain as designated by the Federal Emergency Management Agency (FEMA) is also known as the Special Flood Hazard Area (SFHA). These areas can be found on the (FIRM), Flood Boundary and Floodway Map, or the Flood Hazard Boundary Map (FHBM) of the community. This area is the collective combination of the regulatory floodway and the flood fringe.

 

Floodway:  The channel and that portion of the floodplain, including on-stream lakes, adjacent to a stream or watercourse which is needed to store and convey the anticipated existing and future 100-year frequency flood discharge with no more than a 0.1 foot increase in stage due to any loss of flood conveyance or storage and no more than a ten percent (10%) increase in velocities. Floodways are designated by FEMA on some Flood Insurance Rate Maps and Flood Boundary and Floodway Maps.  However, there are floodways on all streams whether mapped by FEMA or not.

 

Grading:  The excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.

 

Hydrograph:  A graph showing for a given location on a stream or conduit, the flow rate with respect to time.


Hydrograph Method:  This method estimates runoff volume and runoff hydrographs for the point of interest by generating hydrographs for individual sub areas, combining them, and routing them through stream lengths and reservoir structures. Factors such as rainfall amount and distribution, runoff curve number, time of concentration, and travel time are included.

 

Impervious Surface:  That area of property that is covered by materials other than soil and vegetation and that has no intended capacity to absorb water, such as parking lots, driveways, sidewalks, patios, tennis courts, roofs and other structures.

 

Infiltration:  The passage or movement of water into the soil surfaces.

 

Loessal Soil:  A sediment, commonly non-stratified and unconsolidated, composed predominately of silt sized particles with accessory clay and sand.

 

Lot:  An individual platted parcel in an approved subdivision.

 

Major Drainage System:  That portion of a drainage system needed to store and convey flows beyond the capacity of the minor drainage system.

 

Minor Drainage System:  That portion of a drainage system designed for the convenience of the public.  It consists of street gutters, storm sewers, small open channels, and swales and, where manmade, is to be designed to handle the 2-year runoff event.

 

Mitigation:  Mitigation is when the prescribed controls are not sufficient and additional measures are required to offset the development, including those measures necessary to minimize the negative effects which stormwater drainage and development activities might have on the public health, safety and welfare.  Examples of mitigation include, but are not limited to compensatory storage, soil erosion and sedimentation control, and channel restoration.

 

Modified Rational Method:  As described in the Illinois Department of Transportation "Drainage Manual" is based on the principal that the maximum rate of runoff from a given drainage area occurs at that point in time when all parts of the watershed are contributing to the flow. The rainfall generating the peak flow is assumed to be of uniform intensity for the entire watershed with a rainfall duration equal to the time of concentration.

 

Natural:  Conditions resulting from physical, chemical, and biological processes without intervention by man.

 

Natural Drainage:  Channels formed in the existing surface topography of the earth prior to changes made by unnatural causes.


One Hundred-Year Event:  A rainfall, runoff, or flood event having a one percent (1%) chance of occurring in any given year. A twenty-four (24) hour storm duration is assumed unless otherwise noted.

 

Parcel:  All contiguous land in one ownership.

 

Peak Flow:  The maximum rate of flow of water at a given point in a channel or conduit.

 

Permittee:  Any person to whom a building permit is issued.

 

Person:  Any individual, firm or corporation, public or private, the State of Illinois and its agencies or political subdivisions, the United States of America, and its agencies or political subdivisions, and any agent, servant, officer or employee of any of the foregoing.

 

Positive Drainage:  Provision for overland paths for all areas of a property including depressional areas that may also be drained by storm sewer.

 

Prime Farmland:  Prime farmland is land that is best suited to food, feed, or forage fiber and oilseed crops. It may be cropland, pasture, woodland, or other land, but it is not urban and built up land or water areas. It is either used for food or fiber or is available for those uses. The soil qualities, growing season and moisture supply are those needed for a well-managed soil to economically produce a sustained high yield of crops. Prime farmland produces the highest yields with minimum inputs of energy and economic resources, and farming it results in the least damage to the environment.

 

Property:  A parcel of real estate.

 

Retention Basin:  A facility designed to completely retain a specified amount of stormwater runoff without release except by means of evaporation, infiltration, emergency bypass or pumping.

 

Sedimentation:  The process that deposits soils, debris, and other materials either on other ground surfaces or in bodies of water or stormwater drainage systems.

 

Site:  A parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.

 

Sinkhole, (Karst Areas):  A land surface depression or blind valley which may or may not have surface openings to cavernous underground areas and are the result of water movement through silts and jointed limestone.  These conditions make such areas unstable and susceptible to subsidence and surface collapse. Fractures in the limestone may channel runoff water to public or private water supplies, making those sources especially susceptible to groundwater contamination.

 

Slope Disturbance Line:  The line which delineates relatively level building areas from areas where slopes exceed eight percent (8%) and where special precautions must be taken.


Stormwater Drainage System:  All means, natural and manmade, used for conducting stormwater to, through or from a drainage area to the point of final outlet from a property.  The stormwater drainage system includes but is not limited to any of the following: conduits and appurtenance features, canals, channels, ditches, streams, culverts, streets, storm sewers, detention basins, swales and pumping stations.

 

Stormwater Runoff:  The waters derived from melting snow or rain falling within a tributary drainage basin which are in excess of the infiltration capacity of the soils of that basin, which flow over the surface of the ground or are collected in channels or conduits.

 

Storm Sewer:  A closed conduit for conveying collected stormwater.

 

Stream:  Any river, creek, brook, branch, flowage, ravine, or natural or man-made drainage way which has a definite bed and banks or shoreline, in or into which surface or groundwater flows, either perennially or intermittently.

 

Stripping:  Any activity which removes the vegetative surface cover including tree removal, by spraying or clearing, and storage or removal of top soil.

 

Ten-Year Event:  A runoff, rainfall, or flood event having a ten percent (10%) chance of occurring in any given year. A twenty-four (24) hour storm duration is assumed unless otherwise noted.

 

Time of Concentration:  The elapsed time for stormwater to flow from the most hydraulically remote point in a drainage basin to a particular point of interest in that watershed.

 

Tributary Watershed:  All of the land surface area that contributes runoff to a given point.

 

Two-Year Event:  A runoff, rainfall, or flood event having a fifty percent (50%) chance of occurring in any given year. A twenty-four (24) hour storm duration is assumed unless otherwise noted.

 

Vacant:  Land on which there are no structures or only structures which are secondary to the use or maintenance of the land itself.

 

Watershed:  All land area drained by, or contributing water to, the same stream, creek, ditch, lake, marsh, stormwater facility, groundwater or depressional area.

 

Wet Basin:  A detention basin designed to maintain a permanent pool of water after the temporary storage of stormwater runoff.


Wetlands:  Wetlands are defined by regulation as "those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions." For general, but not inclusive locations of designated wetlands refer to mapping prepared jointly by the U.S. Department of Interior, Fish and Wildlife Service and the Illinois Department of Natural Resources, Office of Resource Conservation; National Wetlands Inventory Mapping, 1987. The applicant may be required to provide a field investigation by a qualified wetland delineator.

 

ARTICLE III - STORMWATER DRAINAGE AND DETENTION

 

 

          32-3-1        DRAINAGE PLAN SUBMITTAL REQUIREMENTS.  Each applicant shall submit the following information, to ensure that the provisions of this Code are met. The submittal shall include sufficient information to evaluate the environmental characteristics of the property, the potential adverse impacts and benefits of the development on water resources both on-site and off-site, and the effectiveness of the proposed drainage plan in managing stormwater runoff, and meet the provisions of Section 32-1-2.  The applicant shall certify on the drawings that all clearing, grading, drainage, and construction shall be accomplished in strict conformance with the drainage plan.  The following information shall be submitted for both existing and proposed property conditions for all new development or re-development.

          (A)               Drainage Plan Requirements.  A topographic survey of the property at two (2) foot contours unless otherwise specified or approved by the Village. If the mapping is compiled using a digital format and the Global Positioning System (GPS), the applicant will provide both paper and digital copies including GPS points.

          (B)               Mapping and Descriptions.  An existing drainage and proposed drainage plan, for the property and one hundred (100) feet surrounding the property at a scale of not more than one hundred (100) feet to one (1) inch and including the following:

(1)      property boundary, dimensions, and approximate acreage;

(2)      building setback lines;

(3)      all existing and proposed structures and sizes;

(4)      “area in” square feet of existing and proposed impervious surface;

(5)      all existing, or proposed easements;

(6)      all existing, abandoned,  or proposed water or monitoring well head locations;

(7)      all sanitary or combined sewer lines and septic systems;

(8)      the banks and centerline of streams and channels;

(9)      shoreline of lakes, ponds, and detention basins with normal water level elevation;

(10)    known farm drains and tiles;

(11)    soils classifications;

(12)    location, size and slope of stormwater conduits and drainage swales;

(13)    depressional storage areas;

(14)    detention facilities;

(15)    roads, streets and associated stormwater inlets including finished grades;

(16)    base flood elevation, flood fringe, and regulatory floodway;

(17)    basis of design for the final drainage network components;

(18)    a statement giving any applicable engineering assumptions and calculations;

 

(19)    a vicinity map showing the relationship of the site to its general surroundings at a scale of not less than two thousand (2,000) feet to one (1) inch (1:24,000);

(20)    title, scale, north arrow, legend, seal of Licensed Professional Engineer, date, and name of person preparing plans;

(21)    cross-section data for open channel flow paths and designated overland flow paths;

(22)    direction of storm flows;

(23)    flow rates and velocities at critical points in the drainage system (may be included in the supporting documentation);

(24)    a statement by the design engineer of the drainage system's provision for handling events greater than the 100-year, 24 hour runoff (may be included in the supporting documentation); and,

(25)    a statement of certification of all drainage plans, calculations, and supporting data by an Illinois Licensed Professional Engineer.

          (C)               Environmental Features.  A depiction of environmental features of the property and immediate vicinity including the following:

(1)      the limits of designated regulatory and non-regulatory wetland areas;

(2)      the location and limits of known sinkholes (karst areas);

(3)      any known designated natural areas,  prime farmland; and

(4)      any known proposed environmental mitigation features.

 

 

          32-3-2        MINIMIZATION OF INCREASES IN RUNOFF VOLUMES AND RATES.  In the selection of a drainage plan for a new development or re-development, the applicant shall evaluate and implement site design features which minimize the increase in runoff volumes and rates from the site.  The applicant's drainage plan submittal shall include evaluations of site design features which are consistent with the following hierarchy:

          (A)               preservation of regulatory floodplains, flood prone and wetland areas;

          (B)               minimize impervious surfaces on the property, consistent with the needs of the project;

          (C)               attenuate flows by use of open vegetated swales and natural depressions and preserves the existing natural stream channel;

          (D)               infiltration of runoff on-site;

          (E)                provide stormwater retention structures;

          (F)                provide wet or wetland detention structures;

          (G)               provide dry detention structures; and

          (H)               construct storm sewers.


          32-3-3        WATER QUALITY AND MULTIPLE USES. The drainage system should be designed to minimize adverse surface and groundwater quality impacts off-site and on the property itself. 

          Water quality shall adhere to:

          (A)               Illinois Environmental Protection Act – 415 ILCS 5/12, from Ch. 111 ½, par. 1011 and 1012;

          (B)               Illinois Pollution Control Board Rules and Regulations – Title 35: Environmental Protection, Subtitle C: Water Pollution, Chapter I: Pollution Control Board, Part 302 Water Quality Standards; and

          (C)               Illinois Pollution Control Board Rules and Regulations – Title 35: Environmental Protection, Subtitle C: Water Pollution, Chapter I: Pollution Control Board, Part 304 Effluent Standards.

          Detention basins shall incorporate design features to capture stormwater runoff pollutants.  When designers propose wet bottom and wetland type designs, all flows from the development shall be routed through the basin (i.e. low flows shall not be bypassed). When it is not practical or feasible to route the entire project’s flow to the detention basin, the design of the basin shall compensate for the bypass flow.  In cases where detention facilities are practical and the long term maintenance of such facilities are provided for, detention of stormwater shall be promoted throughout the property's drainage system to reduce the volume of stormwater runoff and to reduce the quantity of runoff pollutants.

          The drainage system should incorporate multiple uses where practicable.  Uses considered compatible with stormwater management include open space, aesthetics, aquatic habitat, recreation (boating, fishing, trails, playing fields), wetlands, and water quality mitigation.

 

 

          32-3-4        DESIGN CRITERIA, STANDARDS, AND METHODS.  The following requirements shall be applicable and shall be satisfied prior to the construction, improvement or development of any structure, project or land which is subject to the provisions of this Chapter.  All infrastructure included in this Article shall be designed and certified by an Illinois Licensed Professional Engineer.

          (A)               Maximum Release Rate.  The maximum controlled release rate for each independent watershed area within the owner’s land shall be determined in the following manner:

(1)      For that portion of the watershed outside of an owner’s land, the peak rate of runoff which would have occurred for a five (5) year return period storm under the state of development existing just prior to application for development of an owner’s land shall be calculated and determined.

(2)      For that portion of the watershed within the lands of an owner, the peak rate of runoff which would have occurred for a five (5) year return period storm under a state of traditional agricultural usage shall be calculated and determined.

(3)      The maximum controlled release rate for each independent watershed area within the owner’s land as it exits the owner’s
land for storms up to and including the fifty (50) year return period storm shall be the sum of subsections (A)(1) and (A)(2) of this Section.

(4)      The peak rate of runoff which would have occurred for a five (5) year return period storm shall be determined using the rational method or other substantial method acceptable to the Village Engineer.

(5)      The five (5) year and fifty (50) year storm shall be determined utilizing Bulletin 70 of the Illinois State Water Survey, or the most recently available information.

(6)      In the event that the downstream storm water runoff drainage system is inadequate to accommodate the maximum release rate provided above, then the Village, at its option, may reduce the allowable release rate to that rate permitted by the capacity of the receiving storm water runoff drainage system and additional storage as determined by the Village Engineer may be required to store that portion of the runoff exceeding the capacity of the receiving storm water runoff drainage system.

          (B)               Storm Sewer Systems.

(1)      Compliance is mandatory with the latest edition of the Standard Specifications for Water and Sewer Main Construction in Illinois.

(2)      Capacity.  All storm sewer systems shall be designed for the peak rate of runoff from a minimum of a five (5) year return period storm in accordance with the Illinois Department of Transportation Drainage Manual.  The five (5) year return period storm shall be determined utilizing Bulletin 70 of the Illinois State Water Survey, or the most recently available information.  The minimum pipe diameter shall be twelve (12) inches.  The system shall have a free outlet.

(3)      All design calculations must be submitted to the Village Engineer for approval.

(4)      Grade.  Sewer grades shall be such that, in general, a minimum of two (2) feet of cover is maintained over the top of the pipe.  Pipe cover less than the minimum may be used upon site-specific approval by the Village Engineer.  Uniform slopes shall be maintained between inlets, manholes and inlet to manhole.  Minimum and maximum allowable slopes shall be those capable of producing velocities between two (2) and ten (10) feet per second, with three (3) feet per second being desirable, when the sewer is flowing full as calculated by Manning’s Formula.  Velocities lower than the minimum or higher than the maximum may be used upon site-specific approval by the Village Engineer.

 

(5)      Overland Flow.  The maximum distance for overland flow of storm water runoff to an underground storm sewer system shall be six hundred (600) feet.

(6)      Alignment.  Storm sewers shall be constructed in a straight line between manholes insofar as possible.  Where long radius curves are necessary to conform to street layout, the minimum radius of curvature shall be no less than one hundred (100) feet.  Deflection of pipe sections shall not exceed the maximum deflection recommended by the pipe manufacturer.  The deflection shall be uniform and the finished installation shall follow a smooth curve.

(7)      Manholes.  Manholes shall be installed to provide access to continuous underground storm sewers for the purpose of inspection and maintenance.  Manholes shall be provided at the following locations:

(a)      Where two or more storm sewers converge;

(b)      At the point of beginning or at the end of a curve, and at the point of reverse curvature (PC, PT, PRC) of a storm sewer;

(c)      Where pipe size changes;

(d)      Where an abrupt change in alignment occurs;

(e)      Where a change in pipe slope occurs;

(f)      At suitable intervals in straight sections of sewers;

(g)      The maximum distance between manholes shall be four hundred (400) feet.

(h)      All manholes shall be of precast reinforced concrete construction, in accordance with the Illinois Department of Transportation Highway Standards.

(8)      Inlets and Catch Basins.  Inlets and catch basins on drainage structures shall be utilized to collect surface water through grated openings and convey it to storm sewers or culverts.  All inlets and catch basins shall be of precast reinforced concrete construction in accordance with the Illinois Department of Transportation Highway Standards and as approved by the Village Engineer.

(9)      Trench Backfill.  Trench backfill requirements shall conform to the applicable portions of the Standard Specifications for Road and Bridge Construction, Illinois Department of Transportation (latest edition) or as otherwise approved by the Village Engineer.

(10)    Materials.  The type of sewer pipe shall be:

(a)      Concrete and/or reinforced concrete pipe;

(b)      Bituminous coated corrugated steel culvert pipe;

(c)      Bituminous coated corrugated aluminum alloy culvert pipe;

(d)      SDR 21 PVC;

 

(e)      SDR 26 PVC.

          The strength requirements of the sewer pipe shall conform to the requirements of the Standard Specifications for Road and Bridge Construction, Illinois Department of Transportation (latest edition), and the Engineer is to verify the strength of the pipe used.

(11)    Workmanship.  The specifications for the construction of storm sewers shall not be less stringent than those set forth in either the latest edition of the Illinois Department of Transportation Standard Specifications, or the latest edition of the Standard Specifications for Water and Sewer Main Construction in Illinois, by the Illinois Society of Professional Engineers, et al, (latest edition).

          Construction of any utility pipe or conduit such as gas, electric and water through any storm sewer structure shall be prohibited, except with approved conflict structures.

          (C)               Surface Drainage Systems.  Surface drainage will be permitted for storm water, where cost estimates show storm sewers are not economically feasible (including all life-cycle costs and the value of the land consumed), where land use conditions indicate this method is feasible, and where topographic conditions indicate there will be no difficulty from this method of disposal of storm waters.  Such economic and feasibility studies shall be reviewed and approved by the Village Engineer.

(1)      Capacity.  All surface drainage systems of storm water shall be designed for the peak rate of runoff from a minimum of a ten (10) year return period storm.  The ten (10) year return period storm shall be determined utilizing Bulletin 70 of the Illinois State Water Survey, or the most recently available information.  The system shall have a free outlet.  All design calculations must be submitted to the Village Engineer for approval.

(2)      Grade.  Storm water surface drains shall be constructed with uniform bottom slopes along the entire length of the drains. Minimum and maximum allowable grade shall be those capable of producing velocities between 0.5 and 10.0 feet per second, respectively, when the surface drain is flowing full.  A minimum slope of 0.3% is required.  In all cases, storm water velocity shall be controlled to eliminate problems of soil erosion or other damage which could detract from the primary use of the area.

(3)      Side Slopes and Bottom Widths.  Surface drains shall be constructed having side slopes of not less than three (3) feet horizontal to one (1) foot vertical, or flatter.  Side slopes steeper than three (3) feet horizontal to one (1) foot vertical shall not be used without site-specific approval by the Village Engineer.  A channel bottom width of not less than two (2) feet shall be provided.

 

(4)      Erosion.  Design of surface drains shall include control of soil erosion.  Temporary seeding or other soil stabilization measures shall be utilized during construction to control erosion.  Permanent erosion control measures such as mulching, hydroseeding, conventional seeding, or other similar measures shall be utilized upon completion of construction.  At the discretion of the Village Engineer, energy dissipaters, such as riprap may be required at storm inlet and outlet locations.  Erosion control practices identified in this Code shall be constructed in accordance with the Illinois Urban Manual, 1995.

(5)      Culverts.  Culverts and similar structures shall have a capacity which meets or exceeds the capacity of the surface drain, but shall be a minimum of twelve (12) inches in diameter.  The flowline of a culvert shall match the flowline of the surface drain.  All culverts shall have flared end sections or headwall treatments.  Culvert materials shall be in accordance with the Standard Specifications for Road and Bridge Construction, Illinois Department of Transportation (latest edition).

(6)      Workmanship.  The specifications for the construction of storm water surface drains shall equal or exceed those set forth in the Standard Specifications for Road and Bridge Construction, Illinois Department of Transportation (latest edition) or shall be as otherwise approved by the Village Engineer.

(7)      Tile Drains.  All major storm water surface drains as designated by the Village Engineer shall also be constructed with a subsurface drainage tile or tubing encased to the surface with washed gravel in a non-woven geotextile envelope.

          (D)               Excess Storm Water Passageway.  An excess storm water passageway shall be provided for the floodplains of all natural water courses and such manmade water courses and storm drainage systems as the Village Engineer may direct, which shall have adequate capacity to convey the excess storm water from the tributary watershed.  The capacity of this excess storm water passageway shall be adequate to transport the peak rate of runoff from the fifty (50) year return period storm, assuming all upstream areas are fully developed for uses specifically permitted by existing zoning.  Emergency overflow routes shall be located in permanent easements, dedicated commons, or on public right of way.  Routes shall be designated on the face of the Preliminary Plat and subsequent plans.  No structures shall be constructed within this passageway; however, streets, parking lots, playgrounds, park areas, pedestrian walkways, open green space, and utility and sewer easements shall be considered compatible uses.

 

          Design of the excess storm water passageway shall include control of storm water velocity to eliminate problems of soil erosion or other damage which would detract from the primary use of the area.  The entire area of any excess storm water passageway within the corporate limits of the Village and one and one-half (1 ½) miles thereof shall be placed in a drainage easement or remain under the jurisdiction of the Village, other governmental unit, or Village-approved quasi-public agency (i.e., homeowner’s association, etc.)  In the event this passageway is reshaped or its capacity to transport excess storm water is otherwise restricted, the Village may cause to have any restrictions removed at the expense of the agency, party, or parties causing or permitting these restrictions.  Should a natural drain exist, it shall be preserved and used to the extent possible, as a part of the excess storm water passageway.  Where it is necessary to reroute a natural drain, the rerouted drain shall have a capacity equivalent to or greater than that which existed in the natural drain and as otherwise required by this Chapter.

          (E)                Storm Water Storage.  When the maximum controlled storm water runoff rate would be exceeded due to the development, redevelopment, or new construction on the owner’s land, storm water storage methods shall be provided and constructed by the owner.  Any one, or all of the storm water storage methods listed shall be provided and constructed.

(1)      General Requirements.

(a)      The volume of required storm water storage shall be calculated on the basis of the maximum value achieved from the runoff of a fifty (50) year return period storm less the volume of water released through the outlet structure.  The fifty (50) year return period storm shall be determined utilizing Bulletin 70 of the Illinois Water Survey, or the most recently available information.  The method utilized for calculation of volume of storage shall be the rational method or any other substantial method acceptable to the Village Engineer.  The release rate of the outlet structure when one-half (1/2) of the storage volume is filled may be used in lieu of routing techniques in small drainage areas.  The control structure shall be designed to maintain as uniform a flow as possible, independent of the storm water storage volume.

          Where the proposed structure, project, or land development forms only a portion of a watershed or contains portions of several watersheds, the storage volume calculations shall be based upon the area of the entire project, development, or land use change.

(b)      The storage of excess storm water runoff from a fifty (50) year return period storm having a duration of twenty-four (24) hours, released at the allowable rate, shall not result in a storage duration in excess of twenty-four (24) hours, but storage duration may e as long as forty-eight (48) hours upon site specific approval by the Village Engineer.

 

(c)      All design calculations must be submitted to the Village Engineer for approval.

(d)      Plans shall clearly indicate normal and high water elevations, design storage volume, minimum, maximum and typical slopes.

(e)      Each storm water storage area shall be provided with a method of overflow in the event a storm in excess of the design capacity occurs.  This overflow facility shall be constructed to function without special attention and can become a part of the excess storm water passageway described in subsection (D) of this Article.

(f)      The entire storm water storage area shall be designed and constructed to fully protect the public health, safety, and welfare.  If a condition occurs in the storm water storage area which is hazardous to the public health, safety, or welfare, the person responsible for the condition will be required to provide approved corrective measures.  In the event these corrective measures are not provided, the Village may eliminate the hazard at the expense of the person responsible.

(g)      Detention basins and their 50-year high water, shall be contained within platted lots dedicated for drainage purposes.  Said lots shall have a minimum thirty (30) foot street frontage at a minimum of two locations.  For infill redevelopment, detention basins and their 50-year high water shall be contained within a drainage easement with thirty (30) foot public roadway frontage where possible.  All detention basins shall include the following design parameters:

(i)       A twenty (20) foot minimum setback from all property lines to the normal pool elevation.

(ii)      A minimum of one (1) foot of freeboard above the 100 year design water elevation.

(iii)     Any buildings within one hundred (100) feet of a detention basin, shall have the lowest water entry point a minimum of two (2) feet above the 100-year design water elevation.

(2)      Dry Bottom Storm Water Storage.

(a)      Dry bottom storm water storage areas may be designed to serve a secondary purpose for recreation, open space, or similar type of uses which will not be adversely affected by occasional intermittent flooding;

(b)      Minimum grades for turf areas shall be one-half percent (0.5%) (two hundred (200) units horizontal to one (1) unit vertical) and maximum side slopes shall be twenty-five percent (25%) (four
(4)
units horizontal to one (1) unit vertical).  Storage areas side slopes shall follow the natural land contours as closely as practicable, and a minimum of earth excavation shall be used to create the storage facility.  Geometrics of dry bottom storm water storage areas shall be approved by the Village Engineer.

(c)      Temporary seeding or other soil stabilization measures shall be established in the storm water storage area and excess storm water passageway immediately following the construction or reconstruction of these areas.  During the construction of the overall development, it is recognized that a limited amount of sediment buildup may occur in the storm water storage area due to erosion.  In no case, shall the volume of the storage area be reduced to less than ninety percent (90%) of the required volume during the construction phase of the development.

          Permanent erosion control measures such as mulching, hydroseeding, conventional seeding, fertilizing, or sod installation shall be utilized to control soil movement and erosion within the storage area and excess storm water passageway.  These measures shall meet or exceed the standards established by the Illinois Urban Manual, 1995.  The installation of these permanent measures shall take place only after the majority of construction and other silt and sediment producing activities have been completed.  Prior to the establishment of the permanent erosion control measures, the required capacity of the storm water storage area and the excess storm water passageway shall be restored.

(d)      The control structure shall be provided with an interceptor for trash and debris, and it shall be designed and constructed to prevent soil erosion and not to require manual adjustments for its proper operation.  The control structure shall be designed to operate properly with little or no maintenance and/or attention.  The control structure shall be provided with safety screens for any pipe or opening to prevent children or large animals from crawling into structures. The control structure shall be constructed to allow access to it at all times, including times of flood flow.

(e)      Adequate impact stilling basins shall be provided to ensure that downstream soil erosion is mitigated as much as practical and the regime of the downstream drain facility is not disturbed.

 

(f)      Low flow conduits or channels shall be provided in storm water storage areas; these conduits or channels shall be so constructed that they will not interfere with any secondary usage of the storage area and will reduce the frequency of time that the storage area will be covered with water.  Low flow conduits shall facilitate complete interior drainage of the storm water storage area.

(g)      Pipe outlets of less than six (6) inches in diameter shall not be allowed.  Pipe outlets shall not exceed one hundred (100) feet in length.  Multiple outlets from a storm storage area shall be avoided if they are designed to be less than twelve (12) inches in diameter.

(h)      The maximum planned depth of storm water stored shall not exceed four (4) feet.

(i)       Tile underdrains shall be provided in dry bottom storm water storage areas in accordance with (C)(7) of this Code.  These tile underdrains shall be so constructed that they will not interfere with any secondary usage of the storage area.  Tile underdrains shall be so constructed so that they shall facilitate dewatering of the soils in the storm water storage area to avoid marshy or saturated soil conditions.  Tile underdrain systems may be combined with the low flow conduits or channel systems and shall be as approved by the Village Engineer.

(j)      Fencing may be required whenever storage depths exceed four (4) foot, or when side slopes are greater than four (4) horizontal to one (1) vertical.

(3)      Wet Bottom Storm Water Storage.  Wet bottom storm water storage areas shall be designed in compliance with all the regulations which are applicable and govern the construction of dry bottom storm water storage areas.  The following additional regulations shall apply:

(a)      Protection of the shoreline must be provided to alleviate soil erosion due to wave action.  This protection shall extend down the side slope to an elevation one (1) foot below the normal water surface elevation and up the side slope to an elevation one (1) foot above the normal water surface elevation.  Approved shoreline protection methods include vegetative turf reinforcement mats constructed in accordance with the manufacturer’s recommendations, riprap revetment constructed in accordance with the requirements of the Illinois
Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition, or retaining walls constructed from Allen Block or Portland cement concrete.  Alternative methods may be submitted to the Village Engineer for approval.

(b)      Above water side slopes shall be a maximum of four (4) horizontal to one (1) vertical.  If retaining walls are used, their height is limited to four (4) feet.  Retaining wall design and material type shall be approved by the Village Engineer.

(c)      In accordance with Section 204 of the Standard Specifications for Road and Bridge Construction, Illinois Department of Transportation (latest edition), below water slopes shall be a maximum of four (4) horizontal to one (1) vertical except that slopes of two (2) horizontal to one (1) vertical will be permitted below a point where the proposed water depth will be eight (8) feet or greater.

(d)      Wet bottom basins shall have a natural or artificial means of aeration to prevent pond stagnation.

(e)      If fish or other aquatic wildlife are desired, a minimum depth of eight (8) feet shall be maintained over at least twenty-five percent (25%) of the pond’s surface area.

(f)      An outlet structure shall be provided to allow dewatering of the pond for maintenance and cleaning. Gravity dewatering is strongly preferred.

(g)      Wet bottom basin design shall include an evaluation of soil permeability.  A basin liner shall be included in the design if needed to ensure water retention to normal pool elevation.

(h)      The control structure for storm water release shall be designed to operate at full design release rate with only a small increase in water depth in order to minimize the land surface wetted by frequent minor storm water runoff conditions.

(i)       The volume of water permanently stored shall not be considered to be part of the required excess storm water storage volume.

(4)      Paved Storm Water Storage.  Design and construction of the pavement base must insure that there is no pavement damage due to flooding.  Control structures in paved areas must be readily accessible for maintenance and cleaning.  Vortex control devices will be required.

 

(5)      Automobile Parking Lot Storage Areas.  Automobile parking lots may be designed to provide temporary detention storage on a portion of their surfaces.  Automobile parking facilities used to store excess storm water must be constructed having a maximum depth of stored storm water of 0.5 feet; and these areas shall be located in the most remote, least used areas of the parking facility.  Design and construction of automobile parking in storm water areas must insure that there is no damage to the parking facility due to flooding, including damage to the sub base.  Warning signs shall be mounted at appropriate locations to warn of possible flood conditions during storm periods.

(6)      Underground Storm Water Storage.  Underground storm water storage facilities must be designed for easy access in order to remove accumulated sediment and debris.  These facilities must be provided with a positive gravity outlet.

(7)      Storm water storage areas which will be filled to capacity by frequent storms shall be designed in a manner that will protect immediate downstream properties, and all overflow structures shall be designed to function properly and effectively without the necessity of making manual adjustments.  A larger outlet for a storm water storage area may be permitted by the Mayor or his designee for the orderly management of storm water runoff where large tributary areas were developed without detention.

(8)      If the orderly management of the storm water runoff cannot be achieved by passing the entire tributary area runoff through the storm water storage area, then the storm water storage area may be constructed to exclude the runoff from the tributary area originating outside of the area to be developed.

(9)      Where the owner has a large tract of land upon which development is to occur in several phases, the owner may construct, upon site specific approval by the Village Engineer, one storm water storage facility which is designed to be enlarged at later dates as additional portions of the owner’s lands are developed and as additional storm water storage is required due to that development.

(10)    Where portions of the owner’s land are tributary to the same drain for an outlet, but which are within two or more tributary areas to that drain, the owner may construct, upon site specific approval by the Village Engineer, compensatory storm water detention facilities within one tributary area which offset the lack of construction of storm water detention facilities in another tributary area.  Such compensatory storage shall be designed and constructed such that the net affect of these
facilities shall be to limit the amount of storm water runoff released into the drain to that which would have occurred had storm water detention facilities been constructed for all the tributary areas.

(11)    Storm water storage areas may be planned and constructed jointly by two or more land owners so long as compliance with this Chapter is maintained.

(12)    Where fringe portions of the owner’s land are, in the opinion of the Village Engineer, difficult or impractical to drain to the detention facilities to be constructed for the rest of the property, the owner may apply for a variance of the requirements of this Chapter.  Such a variance may be granted for an area of land equal to up to two percent (2%) of the total property involved.  In such cases, a variance may be granted without owner’s proof of the avoidance of an unnecessary hardship and without specifically stating the public’s interest in granting the variation.

          (F)                Other Requirements.

(1)      Automobile parking lots and other land uses with significant portions of paved and roofed areas as determined by the Village Engineer shall be constructed with internal storm water runoff drainage systems.

(2)      Sump Pumps.  Sump pumps installed to receive and discharge ground waters or storm water runoff shall be connected to the storm sewer where possible or discharged into a designated storm water runoff drainage facility.  No discharge of storm water runoff or ground water by a sump pump into a sanitary sewer shall be allowed.  No discharge of sanitary sewage into a storm drain shall be allowed.

(3)      No sump pump, footing drain, or downspout shall discharge onto a street surface, paved curb and gutter system, or public sidewalk.

(4)      Downspouts.  Downspouts and roof drains shall discharge onto the ground or be connected to a storm drain.  No downspouts or roof drains shall be connected to a sanitary sewer.

(5)      Footing Drains.  Footing drains and drainage tile shall discharge into a storm sewer or other storm drainage facility.  No footing drains or drainage tile shall be connected to a sanitary sewer.

(6)      Sump Pump Drains.  Any newly constructed or installed structure equipped with a sump pump and located on property, any part of which is within one hundred (100) feet of a sump drain line or storm sewer outlet, shall be required to connect to tie-in to such line or outlet.


          32-3-5         ACCOMMODATING FLOWS FROM UPSTREAM TRIBUTARY AREAS.  Stormwater runoff from areas tributary to the property shall be considered in the design of the property's drainage system.  Whenever practicable, flows from upstream areas that are not to be detained should be routed around the basin being provided for the site being developed.

          (A)                Upstream Areas Not Meeting Code Requirements.  When there are areas not meeting the storage and release rates of this Code, tributary to the applicant's property, regionalized detention on the applicant's property shall be explored by the applicant or the Village.  When it is deemed beneficial by the Village or the Applicant to explore such a design, the following steps shall be followed:

(1)      The applicant shall compute the storage volume needed for his property using the release rates of Section 32-3-4, the applicant's property area, and the procedures described in Section 32-3-3.

(2)      Areas tributary to the applicant's property, not meeting the storage and release rate requirements of this Code, shall be identified.

(3)      Using the areas determined above plus the applicant's property area, total storage needed for the combined properties shall be computed.

          Allowable release rates shall be computed using the combined property areas.  Storage shall be computed as described in Section 32-3-4.  If tributary areas are not developed, a reasonable fully developed land cover, based on local zoning, shall be used for the purposes of computing storage.

          Once the necessary combined storage is computed, the Village may choose to pay for over-sizing the applicant's detention basin to accommodate the regional flows. The applicant's responsibility will be limited to the storage for his property as computed above. If regional storage is selected by the Village, then the design produced in Section 32-3-3 shall be implemented.  If regional storage is rejected by the Village, the applicant shall bypass all tributary area flows around the applicant's basin whenever practicable.  If the applicant must route upstream flows through his basin and the upstream areas exceed one (1) square mile in size, the applicant must meet the provision of Section 32-3-5(B) for on-stream basins.

          (B)                Upstream Areas Meeting Code Requirements.  When there are areas which meet the storage and release rate requirements of this Code, tributary to the applicant's property, the upstream flows shall be bypassed around the applicant's detention basin if this is the only practicable alternative.  Storage needed for the applicant's property shall be computed as described in Section 32-3-5(A).  However, if the Village decides to route tributary area flows through an applicant's basin, the final design stormwater releases shall be based on the combined total of the applicant's property plus tributary areas.  It must be shown that at no time will the release rate from the combined property exceed the allowable release rate for applicant’s property alone.

 

 

            32-3-6            EARLY COMPLETION OF DETENTION FACILITIES.  Where detention, retention, or depressional storage areas are to be used as part of the drainage system for a property, they shall be constructed as the first element of the initial earthwork program. Any eroded sediment captured in these facilities shall be removed by the applicant on a regular basis and before project completion in order to maintain the design volume of the facilities.

 

ARTICLE IV - SOIL EROSION AND SEDIMENT CONTROL

 

 

          32-4-1        FINDINGS.  The Village hereby finds that:

          (A)               The soil types found in the Village are susceptible to erosion and if left unprotected could cause severe loss of soil with resultant damage to property;

          (B)               The topography of the Village contains areas with steep slopes upon which, if clearing of trees and/or inappropriate construction takes place, could result in severe erosion and slope stability problems which could result in damage to property;

          (C)               Excessive quantities of soil may erode from areas undergoing development for certain non-agricultural uses including but not limited to the construction of dwelling units, commercial buildings and industrial plants, the building of roads and highways, the modification of stream channels and drainage ways, and the creation of recreational facilities;

          (D)               The washing, blowing, and falling of eroded soil across and upon roadways endangers the health and safety of users thereof, by decreasing vision and reducing traction of road vehicles;

          (E)                Soil erosion necessitates the costly repairing of gullies, washed out fills, and embankments;

          (F)                Sediment from soil erosion tends to clog sewers and ditches and to pollute and silt rivers, streams, lakes, sinkholes, wetlands, and reservoirs;

          (G)               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; and

          (H)               Sediment reduces the channel capacity of waterways and the storage capacity of flood plains and natural depressions, resulting in increased chances of flooding at risk to public health and safety.

 

 

          32-4-2        GENERAL PRINCIPLES.  It is the objective of this Code to control soil erosion and sedimentation caused by development activities, including clearing, grading, stripping, excavating, and filling of land, in the Village.

          Water quality shall adhere to:

          (A)               Illinois Environmental Protection Act – 415 ILCS 5/12, from Ch. 111 ½, par. 1011 and 1012;

          (B)               Illinois Pollution Control Board Rules and Regulations – Title 35: Environmental Protection, Subtitle C: Water Pollution Chapter I: Pollution Control Board, Part 302 Water Quality Standards; and

          (C)               Illinois Pollution Control Board Rules and Regulations – Title 35: Environmental Protection, Subtitle C: Water Pollution, Chapter I: Pollution Control Board, Part 304 Effluent Standards.

          Measures taken to control soil erosion and off-site sediment runoff shall be adequate to assure that sediment is not transported from the site by a storm event of ten-year, 24 hour frequency or less.  The following principles shall apply to all new development or redevelopment activities within the Village and to the preparation of the submissions required under Section 32-4-3 of this Code.

 

          (A)               New development or redevelopment shall be related to the topography and soils of the site so as to create the least potential for erosion.  Areas of steep slopes greater than thirty-three percent (33%) where high cuts and fills may be required are to be avoided wherever possible, and natural contours should be followed as closely as possible.

          (B)               Natural vegetation shall be retained and protected wherever possible. Areas immediately adjacent to natural watercourses, lakes, ponds, sinkholes, and wetlands are to be left undisturbed wherever possible.  Temporary crossings of watercourses, when permitted, must include appropriate stabilization measures.

          (C)               Special precautions shall be taken to prevent damages resultant from any necessary development activity within or adjacent to any stream, lake, pond, sinkhole or wetland.  Preventive measures shall reflect the sensitivity of these areas to erosion and sedimentation.

          (D)               The smallest practical area of land shall be exposed for the shortest practical time during development.

          (E)                Sediment basins or traps, filter barriers, diversions, and any other appropriate sediment or runoff control measures shall be installed prior to site clearing and grading and maintained to remove sediment from run-off waters from land undergoing development.

          (F)                The selection of erosion and sediment control measures shall 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.

          (G)               In the design of erosion control facilities and practices, aesthetics and the requirements of continuing maintenance must be considered.

          (H)               Provision shall be made to accommodate the increased run-off caused by changed soil and surface conditions during and after development.  Drainage ways shall be designed so that their final gradients and the resultant velocities and rates of discharge will not create additional erosion on-site or downstream.

          (I)                Permanent vegetation and structures shall be installed and functional as soon as practical during development.

          (J)                Those areas being converted from agricultural purposes to other land uses shall be vegetated with an appropriate protective cover prior to development.

          (K)               All waste generated as a result of site development activity shall be properly disposed of and shall be prevented from being carried off the site by either wind or water.

          (L)                All construction sites shall provide measures to prevent sediment from being tracked onto public or private roadways.

          (M)               All temporary soil erosion and sediment control practices shall be maintained to function as intended until the contributing drainage area has been permanently stabilized at which time they shall be removed.

 

 

          32-4-3        EROSION AND SEDIMENT CONTROL PLAN SUBMITTAL REQUIREMENTS.  Each applicant shall submit the information depending on development size, and regulated to ensure that the provisions of this Code are met. The submittal shall include sufficient information to evaluate the environmental
characteristics of the property, the potential adverse impacts of the development related to erosion both on-site and off-site, and the effectiveness of the proposed erosion and sediment control plan in reducing sediment loss and meet the provisions of Section 32-1-2.  The applicant shall certify on the drawing that all clearing, grading, drainage, and construction shall be accomplished in strict conformance with the erosion and sediment control plan. The following information shall be submitted for both existing and proposed property conditions; new developments or re-developments meeting the requirements of Section 32-1-3.

          (A)               Erosion and Sediment Control Plan Requirements. Shall meet the requirements of Section 32-3-1(A), Section 32-3-1(B), and Section 32-1-1.

          (B)               Mapping and Descriptions.  The existing and proposed erosion and sediment control features of the property and immediate vicinity including:

(1)      As required in Section 32-3-1(A), Section 32-3-1(B), and Section 32-3-1(C);

(2)      Location of the slope disturbance line;

(3)      Location and description of the erosion and sediment control measures to be employed during construction;

(4)      For any structures proposed to be located on the slope side of the slope disturbance line the map shall include the limits of disturbance including tree removal, erosion and sediment control measures during construction, cross section view of any proposed cut or fill, erosion and sediment control measures during construction, details of method(s) proposed for providing slope stability, permanent stormwater control measures, and permanent erosion and sediment control measures all being certified by a registered professional engineer.

(5)      The predominant soil types on the site, their location, and their limitations for the proposed use as defined by the USDA Natural Resources Conservation Service.

(6)     The proposed use of the site, including present and planned development, areas of clearing, stripping, grading, excavation and filling; proposed contours, finished grades, and street profiles; the stormwater plan as required in Article III; kinds and locations of utilities, areas and acreages proposed to be paved, sodded or seeded, vegetatively stabilized, or left undisturbed; and the location of specimen trees over eighteen (18) inches in diameter and their type.

(7)      The erosion and sediment control plan showing all measures necessary to meet the requirements of this Code throughout all phases of construction and those remaining permanently after completion of the development of the site, including:

(a)      Location and description, including standard details, of all sediment control measures, runoff control measures, including diversions, waterways and
outlets, and design specifics of sediment basins and traps including outlet details.

(b)      Location and description of all soil stabilization and erosion control measures, including seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, kind and quantity of mulching for both temporary and permanent vegetative control measures, and types of non-vegetative stabilization measures.

(c)      Location and description of methods to prevent tracking of sediment off-site including construction entrance details, as appropriate.

(d)      Description of dust and traffic control measures.

(e)      Locations of stockpiles and description of stabilization methods.

(f)      Location of off-site fill or borrow volumes, locations and methods of stabilization.

(g)      Provisions for maintenance of control measures, including type and frequency of maintenance, easements, and estimates of the cost of maintenance.

(h)      The proposed phasing of development of the site, including stripping and clearing, rough grading and construction, and final grading and landscaping. Phasing should identify the expected date on which clearing will begin, the estimated duration of exposure of cleared area, and the sequence of installation of temporary sediment control measures (including perimeter controls), installation of stormwater drainage, paving streets, and parking areas, final grading and the establishment of permanent vegetative cover, and the removal of temporary measures. It shall be the responsibility of the applicant to notify the Mayor and his designee of any significant changes which occur in the site development schedule after the initial erosion and sediment control plan has been approved.

 

 

          32-4-4        DESIGN AND OPERATION STANDARDS AND REQUIREMENTS.  The preparation of soil erosion and sediment control plans shall follow the principles outlined in the "Illinois Procedures and Standards for Urban Soil Erosion and Sedimentation Control", excepting Chapter 6 published by the Urban Committee of the Association of Illinois Soil and Water Conservation Districts. The design criteria, standards, and methods shall be prepared in accordance with the requirements of this Code and the standards and specifications contained in "Illinois
Urban Manual" prepared for the Illinois Environmental Protection Agency by the USDA Natural Resources Conservation Service, which standards and methods are hereby incorporated into this Code by reference. In the event of conflict between the provisions of said manuals and of this Code, this Code shall govern.

          (A)               Erosion and Sediment Control Design Requirements.  New developments or redevelopments shall comply with Section 32-4-3 and meet the following:

(1)      Control measures shall be constructed to control runoff from the property to such an extent possible that sediment is retained on-site.

(2)      Temporary on-site control measures required shall be constructed and functional prior to initiating clearing, grading, stripping, excavating or fill activities on the site.

(3)      Disturbed areas shall be stabilized with permanent measures within seven (7) calendar days following the end of active disturbance, or re-disturbance consistent with the following criteria:

(a)      Appropriate permanent stabilization measures shall include seeding, mulching, sodding, with non-vegetative measures as a last resort.

(b)      Areas having slopes greater than thirty-three percent (33%) shall be stabilized with sod, mat, or blanket in combination with seeding or equivalent.

(4)      All temporary and permanent erosion and sediment control practices must be maintained and repaired as needed to assure effective performance of their intended function.

(5)      All temporary erosion and sediment control measures shall be disposed in a proper manner within thirty (30) days after final site stabilization is achieved with permanent soil stabilization measures.  Trapped sediment and other disturbed soils resulting from the disposition of temporary measures shall be permanently stabilized to prevent further erosion and sedimentation.

(6)      Site Development Requirements.  On-site sediment control measures, as specified by the following criteria, shall be constructed as specified in the referenced handbooks, and functional prior to initiating clearing, grading, stripping, excavating or fill activities on the site.

(a)      For new developments or redevelopments less than one (1) acre, or for a tract of land where a single family dwelling is being erected and less than ten thousand (10,000) square feet of impervious surface is being developed, filter barriers (including filter fences, straw bales, or equivalent control measures) shall be constructed to control all on-site runoff. Vegetated filter strips, with a minimum width
of twenty-five (25) feet, may be used as an alternative only where runoff in sheet flow is expected.

(b)      For new developments or re-developments more than one (1) acre, but less than five (5) acres, a sediment trap designed in accordance with the IEPA Standards and Specifications for Soil Erosion or equivalent control measure shall be constructed at the downslope point of the disturbed area.

(c)      For new developments or redevelopments greater than five (5) acres, a sediment basin or equivalent control measure shall be constructed at the downslope point of the disturbed area.

(d)      Sediment basin and sediment trap designs shall provide for both "dry" detention and "wet" detention sediment storage.  The detention storage shall be composed of equal volumes of "wet" detention storage and "dry" detention storage and each shall be sized as regulated in Article III. The release rate of the basin shall be that rate as regulated in Article III.  The elevation of the outlet structure shall be placed such that it only drains the dry detention storage.

(e)      The sediment storage shall be sized to store the estimated sediment load generated from the site over the duration of the construction period with a minimum storage equivalent to the volume or sediment generated in one (1) year.  For construction periods exceeding one (1) year, the 1-year sediment load and a sediment removal schedule may be substituted.

(f)      The alteration of sinkholes by filling, grading or excavation is prohibited, including an area within twenty- five (25) feet from the rim.

(g)      To the extent possible or as otherwise regulated in this Code all desirable trees eight (8) inches in diameter and larger shall be protected for their present and future value for erosion protection and other environmental benefits. Trees that have been selected for preservation shall be marked prior to the beginning of any clearing, grading, stripping, excavation, or filling of the site. A "No" construction zone shall be established and marked at the perimeter of the drip line of each tree which is to be preserved.

 

(7)      Stormwater conveyance channels, including ditches, swales, and diversions, and the outlets of all channels and pipes shall be designed and constructed as regulated in Article III.  All constructed or modified channels shall be stabilized within forty-eight (48) hours, consistent with the standards as required in the IEPA Erosion Control Manual “Standards and Specifications for Soil Erosion and Sediment Control”.

(8)      Land disturbance activities in stream channels shall be avoided, where possible, or as regulated in Article III.  If disturbance activities are unavoidable, the following requirements shall be met.

(a)      Construction vehicles shall be kept out of the stream channel to the maximum extent practicable. Where construction crossings are necessary, temporary crossings shall be constructed of non-erosive material, such as riprap or gravel.

(b)      The time and area of disturbance of stream channels shall be kept to a minimum.  The stream channel, including bed and banks, shall be stabilized within forty-eight (48) hours after channel disturbance is completed, interrupted, or stopped.

(9)      Storm sewer inlets and culverts shall be protected by sediment traps or filter barriers meeting accepted design standards and specifications.

(10)    Soil storage piles containing more than ten (10) cubic yards of material shall not be located with a downslope drainage length of less than twenty-five (25) feet to a roadway, drainage channel, or sinkhole.  Filter barriers, including straw bales, filter fence, or equivalent, shall be installed immediately on the downslope side of the piles.

(11)    If dewatering devices are used, discharge locations shall be protected from erosion.  All pumped discharges shall be routed through appropriately designed sediment traps or basins, or equivalent and shall not be deposited into a sinkhole.

(12)    Each site shall have graveled (or equivalent) entrance roads, access drives, and parking areas of sufficient length and width to prevent sediment from being tracked onto public or private roadways.  Any sediment reaching a public or private road shall be removed by shoveling or street cleaning (not flushing) before the end of each workday and transported to a controlled sediment disposal area.


          32-4-5        MAINTENANCE OF CONTROL MEASURES.  All soil erosion and sediment control measures necessary to meet the requirements of this Code shall be maintained periodically by the applicant or subsequent land owner during the period of land disturbance and development of the site in a satisfactory manner to ensure adequate performance.

 

 

          32-4-6        CONTROL OF CONSTRUCTION SITE WASTES.  All waste materials generated during construction activities must be properly disposed.  Examples of construction site waste may consist of, but not be limited to, all building materials, raised structure debris, concrete (including concrete truck wash), asphalt, brick, excess soil, rebar, erosion and sediment control materials, cleared vegetation, chemicals, temporary bathroom facilities and all other construction site wastes.

 

 

          32-4-7        CONSTRUCTION SITE STORM WATER POLLUTION PREVENTION PLAN.  Activities that are applicable to this Code, per Section 32-1-3, must provide a Construction Site Storm Water Pollution Prevention Plan (CSSPPP).

          The Construction Site Storm Water Pollution Prevention Plan may be a full sized plan sheet with necessary notes for requirements or may be a narrative explaining construction site operating procedures to minimize or eliminate storm water pollution as a result of construction activities.

          The items covered in an approvable CSSPPP are dependent on the activities and the materials required on site to complete the project.  Therefore, the detail of the plan may be more or less depending on site activities planned.  Standard items included in a CSSPPP are, but are not limited to:

          (A)               Purpose

          (B)               Construction Site Description

          (C)               Activities/Materials to be Addressed in the CSSPPP

          (D)               Construction Site Operating Procedures

          (E)                Activities/Materials Monitoring and Maintenance

          (F)                Emergency and Spill Procedures

          Should construction site activities/materials change during construction, the CSSPPP must reflect the changes.  Therefore, the plan must be kept on-site at all times and be altered as necessary with the approval of the Inspector.  Should major changes be warranted, a revised plan must be submitted for review and approval.

 

ARTICLE V - LONG TERM MAINTENANCE RESPONSIBILITY

 

 

          32-5-1        LONG TERM MAINTENANCE RESPONSIBILITY.  Maintenance of stormwater drainage, and erosion and sediment control facilities located on private property shall be the responsibility of the owner of that property.  Before an appropriate permit is obtained from the Village the applicant shall execute a maintenance agreement with the Village guaranteeing that the applicant and all future owners of the property will maintain its stormwater drainage and erosion and sediment control system.  Such agreement shall be recorded with the Recorder of Deeds of the County. The maintenance agreement shall include a schedule for regular maintenance of each aspect of the property's stormwater drainage and erosion and sediment control system and shall provide for access to the system for inspection by authorized personnel of the Village.  The maintenance agreement shall also stipulate that if the appropriate personnel of the Village notify the property owner in writing of maintenance problems which require correction, the property owner shall begin such corrections within seventy-two (72) hours and shall not extend beyond ten (10) calendar days of such notification.  If the corrections are not made within this time period the Village may have the necessary work completed and assess the cost to the property owner. The Village has the option of requiring a bond to be filed by the property owner for maintenance of the stormwater drainage and erosion and sediment control system.

 

 

          32-5-2        ILLICIT DISCHARGE.  Any drain or conveyance, whether on the surface or subsurface, which allows a direct or indirect non-storm water discharge to the storm drain system to enter the storm drain system is forbidden in the Village.  Illicit discharge may include but is not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks.

 

ARTICLE VI - INSPECTIONS

 

 

          32-6-1        INSPECTIONS.  The Mayor or his designee 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 stormwater drainage or erosion and sedimentation control plan as approved.  Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the Mayor or his designee shall be maintained at the site during progress of the work. In order to obtain inspections and to ensure compliance with this Code, the permittee shall notify the Mayor or his designee within two (2) working days of the completion of the construction stages specified below:

          (A)               Upon completion of installation of the stormwater drainage and erosion and sediment control measures (including perimeter controls and diversions), prior to proceeding with any other earth disturbance or grading,

          (B)               After stripping and clearing,

          (C)               After rough grading,

          (D)               After final grading,

          (E)                After seeding and landscaping deadlines, and

          (F)                After final stabilization and landscaping, prior to removal of sediment controls.

          If stripping, clearing, 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.  If an inspection is not made and notification of the results given within five (5) working days after notice is received by the Village from the permittee, the permittee may continue work at his/her own risk, without presuming acceptance by the Village.  Notification of the results of the inspection shall be given in writing at the site.

 

 

          32-6-2        INSPECTIONS.  Qualified personnel (provided by the permittee) shall inspect disturbed areas of the construction site that have not been finally stabilized, structural control measures, and locations where vehicles enter or exit the site at least once every seven (7) calendar days and within twenty-four (24) hours of the end of a storm that is 0.5 inches or greater or equivalent snowfall.  Qualified personnel means a person knowledgeable in the principles and practice of erosion and sediment controls, such as a licensed professional engineer or other knowledgeable person who possesses the skills to assess conditions at the construction site that could impact storm water quality and to assess the effectiveness of any sediment and erosion control measures elected to control the quality of storm water discharges from the construction activities.

 

 

          32-6-3        SPECIAL PRECAUTIONS.  If at any stage of the grading of any development site the Mayor or his designee determines by inspection that the nature of the site is such that further work authorized by an existing permit is likely to imperil any property, public way, stream, lake, wetland, or drainage structure, the Mayor or his designee may require, as a condition of allowing the work to be done, that such reasonable special precautions to be taken as is considered advisable to avoid the likelihood of such peril.  "Special precautions" may include, but shall not be limited to, a more level exposed 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.

          (A)               Possibility of Storm Damage.  Where it appears that storm damage may result because the grading on any development site is not complete, work may be stopped and the permittee required to install temporary structures or take such other measures as may be required to protect adjoining property or the public safety.  On large developments or where unusual site conditions prevail, the Mayor or his designee 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 ensure completion of protective measures or devices prior to the advent of seasonal rains.

 

 

          32-6-4        AMENDMENT OF PLANS.  Major amendments to stormwater drainage and detention or erosion and sediment control plans shall be submitted to the Mayor or his designee and shall be processed and approved or disapproved in the same manner as the original plans.  Field modification of a minor nature may be authorized by the Mayor or his designee by written authorization to the permittee.

 

ARTICLE VII - PERMITTING

 

 

          32-7-1        APPLICATION FOR PERMIT.  Application for a Development Permit shall be made by the owner of the property or his authorized agent to the Mayor or his designee on a form furnished for that purpose.  Each application shall bear the name(s) and address(es) of the owner or developer of the site, the contractor(s) and 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 of Two Hundred Dollars ($200.00) for any permit subject to the requirements of Article III, Stormwater Drainage and Detention.  A filing fee of Twenty-Five Dollars ($25.00) is assessed for those developments where only the requirements of Article IV, Soil Erosion and Sediment Control, apply.  Each application shall include certification that any land clearing, construction, or development involving the movement of earth shall be in accordance with the plans approved upon issuance of the permit.

 

 

          32-7-2        BOND REQUIRED.  The applicant for a Drainage Permit shall be required to file with the Village, a faithful performance bond or bonds, letter of credit, or other improvement security satisfactory to the Village in an amount deemed sufficient by the Mayor or his designee to cover all costs of improvements, landscaping, maintenance of improvements and landscaping, and soil erosion and sediment control measures for twelve (12) months or as specified by the Village.  The applicants bond will also be used towards engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.

 

 

          32-7-3        REVIEW AND APPROVAL.  Each application for a Drainage Permit shall be reviewed and acted upon according to the following procedures:

          (A)               The Mayor or his designee will review each application for a Drainage Permit to determine its conformance with the provisions of this Code.  The Mayor or his designee may also refer any application to the County Soil and Water Conservation District, a consulting engineer retained by the Village, and/or any other local government or public agency within whose jurisdiction the site is located for review and comment.  All costs or fees acquired from the review shall be the responsibility of the applicant to reimburse the Village in full before the permit is processed further.  Within sixty (60) days after receiving an application and all costs or fees acquired, the Mayor or his designee shall in writing:

(1)      Approve the permit application if it is found to be in conformance with the provisions of this Code, and issue the permit;

(2)      Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this Code, and issue the permit subject to these conditions; or

 

(3)      Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission.

          (B)               No Drainage Permit shall be issued for an intended development site unless:

(1)      The development, including but not limited to subdivision or planned unit development, has been approved by the Village where applicable, or

(2)      such permit is accompanied by or combined with a valid building permit issued by the Village, or

(3)      the proposed earth moving is coordinated with any overall development program previously approved by the Village for the area in which the site is situated; and

(4)      all relevant federal and state permits have been received for the portion of the site subject to soil disturbance as noted in Section 32-1-2.

          (C)               Failure of the Mayor or his designee to act on an original or revised application within sixty (60) days of receipt shall authorize the applicant to proceed in accordance with the plans as filed and in compliance with the regulations contained herein, unless such time is extended by agreement between the Mayor or his designee and the applicant.  Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the Mayor or his designee.

 

 

          32-7-4        FINAL CERTIFICATION.  Prior to final approval by the Village a registered professional engineer shall certify that the detention basin has been constructed in accordance with construction plans and proposed volume has been provided.  An “as-built” survey of the detention basin, prepared by a licensed surveyor, shall be included with the certification for approval.

 

 

          32-7-5        EXPIRATION OF PERMIT.  Every Drainage Permit shall expire and become null and void if the work authorized by such permit has not been commenced within one hundred eighty (180) days, or if not completed by a date which shall be specified in the permit; except that the Mayor or his designee 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 expiration date of the permit. The Mayor or his designee may require modification of the erosion control plan to prevent any increase in erosion or off-site sediment runoff resulting from any extension.


          32-7-6        APPEALS.  The applicant, or any person or agency which received notice of the filing of the application, may appeal the decision of the Mayor or his designee to the Village Board.  Upon receipt of an appeal, the Village Board shall schedule and hold a public hearing, after giving fifteen (15) days notice thereof.  The Board shall render a decision within thirty (30) days after the hearing.  Factors to be considered on review shall include, but need not be limited to, the effects of the proposed development activities on the surface water flow to tributary and downstream lands, any comprehensive watershed management plans, or the use of any retention facilities; possible saturation of fill and unsupported cuts by water, both natural and domestic; runoff surface waters that produce erosion by silting of drainage ways; nature and type of soil or rock which when disturbed by the proposed development activities may create earth movement and produce slopes that cannot be landscaped; and excessive and unnecessary scarring of the natural landscape through grading or removal of vegetation.

 

ARTICLE VIII - ENFORCEMENT

 

 

          32-8-1        STOP WORK ORDER; REVOCATION OF PERMIT.  In the event any person holding a Drainage Permit pursuant to this Code violates the terms of the permit, or carries on-site development in such a manner as to materially adversely affect the health, welfare, environment, 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 Mayor or his designee may suspend or revoke the Drainage Permit.

          (A)               Suspension of a permit shall be by a written stop work order issued by the Mayor or his designee and delivered to the permittee or his agent or the person performing the work.  The stop work order shall be effective immediately, shall state the specific violations cited, and shall state the conditions under which work may be resumed.  A stop work order shall remain in effect until the next regularly scheduled meeting of the Village Board at which time the conditions of Section 32-7-5 above can be met.

          (B)               No Drainage Permit shall be 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:

(1)      The grounds for complaint or reasons for suspension or revocation, in clear and concise language; and

(2)      The time when and place where such hearing will be held.

          Such notice shall be served on the permittee at least five (5) days prior to the date set for the hearing.  At such hearing, the permittee shall be given an opportunity 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 revoked.

 

 

          32-8-2        VIOLATIONS 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 Code.  Any person violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this Code 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 of a minimum of Seventy-Five Dollars ($75.00), and a maximum of Six Hundred Dollars ($600.00) to be determined by the Village Board.  In addition to any other penalty authorized by this Section, any person, partnership, or corporation convicted of violating any of the provisions of this Code shall be required to restore the site to the condition existing prior to commission of the violation, or to bear the expense of such restoration.