1979-019ORDINANCE NO. 79 -.19
AN ORDINANCE AMENDING TITLE 15 OF THE
VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
(SOIL EROSION AND SEDIMENTATION CONTROL)
WHEREAS, excessive quantities of soil are eroding from areas that
are undergoing development for certain non - agricultural uses, including but
not limited to, the construction of dwelling units, commercial buildings, in-
dustrial plants, roads and highways, utilities, educational, flood control and
recreational facilities, and:
WHEREAS, the washing, blowing and falling of eroded soil across and
upon walkways and roadways endangers the health and safety of users thereof, and:
WHEREAS, said soil erosion necessitates the costly repair of gulleys,
washed -out fills, roads and embankments, and;
WHEREAS, the sediment from said soil erosion tends to clog sewers and
ditches and to pollute and silt, streams, lakes, ponds, and reservoirs, and;
WHEREAS, said sediment limits the use of water and waterways for most
beneficial purposes, destroying fish and other aquatic life, and that said
sediment is costly and difficult to remove, and;
WHEREAS, said sediment reduces the channel capacity of waterways,
resulting in greatly increased chances of flooding, grave danger to public
health and safety, and property damage:
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
SECTION 1: There is hereby added to the Municipal Code of the Village
of Buffalo Grove, Illinois, Chapter 15.06, which is to read as follows:
Chapter 15.06
Soil Erosion And Sedimentation Control
SECTION 15.06.010 - PURPOSE
The President and Board of Trustees of the Village of Buffalo Grove
therefore declare that the purpose of this Chapter is to provide minimum standards
to safeguard persons, to protect property and prevent the despoilation of the en-
vironment, and to promote the public welfare, by regulating and controlling the
design, construction, quality of materials and use and maintenance of any
development or other activity which disturbs or breaks the topsoil or otherwise
results in the movement of earth on land situated within the corporate limits
of the Village of Buffalo Grove, Illinois, or other lands which fall under the
jurisdiction of the Village pursuant to the Subdivision Ordinance or other
applicable regulations.
SECTION 15.06.020 - DEFINITIONS
For the purpose of this Chapter certain terms used herein are defined
as set forth below:
BUILDING PERMIT means a permit issued by the Village for the construc-
tion, erection or alteration of a structure or building:
CERTIFY OR CERTIFICATION means that the required inspections and tests
have been performed and that the results comply with the applicable requirements
of this Chapter.
CUBIC YARDS means the amount of material in excavation and /or fill
measured by the method of "average end areas ".
I
MM
ENGINEER means a registered professional engineer of the State of
Illinois.
EXCAVATION means any act by which organic matter, earth, sand, gravel,
rock or any other similar material is cut into, dug,quarried, uncovered, re-
moved, displaced, relocated or bulldozed and shall include the conditions
resulting therefrom.
EXISTING GRADE means the vertical location of the existing ground
surface prior to excavation or filling.
FILL means any act by which earth, sand, gravel, rock or any other
similar material is deposited, placed, replaced, pushed, dumped, polled, trans-
ported or moved to a new location and shall include the conditions resulting
therefrom.
GRADING means excavation or fill or any combination thereof and
shall include the conditions resulting from any excavation or fill.
PARCEL means all contiguous land in one ownership.
PERMITEE means any person to whom a site development permit is
issued.
PERSON means any person, firm or corporation, _
public or private; the State of Illinois and its agencies or political sub-
divisions; the United States of America, its agencies and instrumentalities;
and any agent, servant, officer or employee of any of the foregoing.
REMOVAL means cutting vegetation to the ground or stumps, complete
extraction, or killing by spraying.
SITE means a lot or parcel of land, or a contiguous combination.
thereof, where grading work is performed as a single unified operation.
SITE DEVELOPMENT means altering terrain and /or vegetation, or
performing any construction upon or making any other material changes in a
land site.
LAND SURVEYOR means a registered surveyor of the State of Illinois.
VACANT means land on which there are no structures or only structures
which are secondary to the use or maintenance of the land itself.
VILLAGE means the Village of Buffalo Grove, Counties of Cook
and Lakej Illinois
SECTION 15.06.030 - GENERAL CRITERIA AND STANDARDS
The following general principles shall apply to any movement of
earth and any sedimentation and erosion control plan and the granting of a
permit for the execution of said plan as hereinafter provided:
(a) the smallest practical area of land shall be exposed at any
given time during development.
(b) Such minimum area exposure shall be kept to as short a duration
of time as is practical.
(c) Where appropriate, temporary vegetation, mulching or other:
non - viable cover shall be use 'd-`o protect areas exposed during development..
(d) Sediment basins, debris basins, desilting basins, or silt.
traps shall be installed and maintained to remove sediment from run -off
waters from land undergoing development.
• - 3 -
(e) Provision shall be made to effectively accommodate the increased
run -off caused by changed soil and surface conditions during and after development.
(f) Permanent, final plant covering or structures shall be installed
as soon as possible.
(g) The plan of development shall relate to the topography and soils
of the site so that the lowest potential for erosion is created.
(h) Natural plant covering shall be retained and protected so far as
is consistent with developing the site.
(i) Velocity retarding devices (temporary or permanent) shall be in-
stalled to reduce the scouring and transport capacities of drainage ditches.
SECTION 15.06.040 - PLAN AND PERMIT REQUIRED
Before land is cleared, filled in, graded, transported_or, otherwise
disturbed by the movement of earth for construction projects within the Village,
a site development permit embodying the proposed earth movement shall be obtained
from the Village Engineer, where development comes under any one or more of the
following provisions, unless such development is exempted therefrom by Section
15.060.050
cases:
(a) Excavation, fill or any combination thereof, will exceed
one hundred (100) cubic yards.
(b) Fill will exceed three (3) feet in vertical depth at its
deepest point measured from the natural ground surface.
(c) Excavation will exceed four (4) feet in vertical depth
at its deepest point.
(d) Excavation, fill, or any combination thereof will exceed an
area of five thousand (5,000) square feet.
(e) Plant cover is to be removed from an area exceeding five
thousand (5,000) square feet on any vacant parcel of land
or any parcel of land in excess of ten (10) acres.
SECTION 15.06.050 - PLAN AND PERMIT NOT REQUIRED
A site development permit shall not be required in the following
(a) Any excavation below finished grade for a septic tank and
drain field, tank, tunnel, basement, swimming pool, cellar or
footing of a building or structure for which a building permit
shall have been issued by the Village, unless the excavation
is part of a larger development which would otherwise require
such a permit.
(b) Excavation or removal of vegetation in public utility ease-
ments by public utility companies for the purpose of install--
ing underground utilities.
(c) Dredging by the Village for flood control.
(d) Tilling of the soil for fire protection purposes.
(e) Engaging in the following, but only if in connection with a
farming or other agricultural or conservation enterprise and
upon property zoned solely for farming or agricultural purp-
oses and uses.
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(i) the construction of sod waterways, or
(ii) the construction of terraces, or
(iii) the construction of surface water diversions, or
(iv) the construction of grade stabilization structures or
(v) the tilling of the soil.
SECTION 15.06.050 - APPLICATION
1. No site development or building permit shall be issued until
the applicant submits an acceptable site development plan and certifies that
any land- clearing construction or development involving the movement of earth
shall be in accordance with such plan.
2. Each application for a site development permit shall be made by
the owner of the property or his authorized representative to the Village
Engineer and shall be accompanied by a site development plan consisting of
the following, unless the Village Engineer finds any item unnecessary to insure
compliance with the provisions of this Chapter; provided, however, that no
exemption- from subsection (a) hereof shall be granted to any applicant who
intends to move in excess of five hundred (500) cubic yards of dirt.
(a) With respect to site developments, a vicinity sketch,
showing acreage of site, boundary line survey, zoning, type
of proposed sewer and water facilities, location of existing
utilities, buildings and drains on and within one hundred
.and fifty (150) feet of the site, together with a legend and
scale. There shall be included on or with such a vicinity
sketch:
(i) a soil map of the subject property showing the predominant
soil types on the site.
(ii) information regarding those areas abutting or adjacent to
the site sufficient to show existing drainage patterns and
the drainage course that may affect, or be affected by the
development of the site.
(iii) the name and address of the developer and owner.
(iv) the name and address of any consulting firm retained by
the applicant, together with the name of applicant's
principal contact at such firm.
(v) limits of regulatory flood plain(s).
(vi) areas to be sodded, seeded, mulched or paved.
(vii) acreage of area to be vegetatively stabilized, if any.
(viii) areas to be left undisturbed.
(b) With respect to site grading, a grading plan showing the site and
a one hundred and fifty (150) foot adjacent peripheral strip, pro-
posed contours at (one) 1 foot intervals and final grades, street
profiles, and an indication of what measures will be employed to
protect cut and fill slopes from surface run -off.
(c) Storm drainage plan based upon a competent study, including a
drainage area map and computations, and indicating what conditions
now prevail at proposed and natural outlets such as:
(i) whether the drainage course is bare earth or vegetated.
(ii) whether the constructed outlet will be in open sun, open shade,
or dense shade.
(iii) whether the natural or proposed outlet is subject to long term
or continuous flow.
(iv) whether there is evidence of a high water table (permanent
or seasonal).
(v) whether the exisiting outlet is actively eroding.
(vi) whether the area is subject to seepage or spring flow.
(vii) the elevation of normal water level in all proposed and
natural outlets.
(viii) a profile below outlet for a sufficient distance to indicate
the natural gradient of the accepting natural outlet and /or
stream channel.
O
(ix) a cross - section and
where applicable.
(x) a ditch design and
bare earth outlets,
facilities.
5- 9
profile of existing stream channels
computations for all seeded, sodded or
ditches and similar water conduction
(d) Estimated time schedule and phasing of development of the site:
Phase I Stripping and /or clearing
Phase II Rough grading and construction
Phase III Final grading and vegetative establishment
Phase IV Maintenance.
All erosion and sediment control plans submitted to the Village.
Engineer for approval shall show all the erosion and sediment
control measures needed to provide protection throughout all
the phases of construction listed above. These plans shall
also include any off -site borrow and spoil areas, sewer lines,
utility lines, haul and access roads, and shall further indicate:
(i) the date when clearing of the site will begin.'
(ii) duration of exposure of disturbed areas.
(iii) installation of temporary sediment control measures
(vegetative and structural) by phase and date.
(iv) installation of storm drainage by phase and date
(v) paving of streets and parking areas, if any, by phase and date.
(vi) establishment of permanent vegetative cover (plans will show
what will be done to shorten the duration of exposure of disturbed
areas as soon after grading as possible), including seeding mixes
and rates, type of sod, seedbed preparation, seeding dates, lime
and fertilizer application rates, temporary seedings, if needed,
mulching, or similar stabilization procedures.
(vii) details of all structural sediment control measures.
(viii) computations for sediment basins, if any.
(e) For the purpose of exemplifying the considerations and factors
which should enter into the preparation of a site development
plan, the standards and requirements of the "Standards and
Specifications for Soil Erosion and Sediment Control in North-
eastern Illinois ", August, 1973 edition thereof, as compiled by
the North Cook County Soil and Water Conservation District, shall
be used.
SECTION 15.06.070 - BOND REQUIREMENT
A site development permit shall not be issued unless the permittee
shall first post with the Village Clerk a bond executed by the landowner and
a corporate surety with authority to do business in this State as surety.
The surety's name shall also appear in the U.S. Department of Treasury Cir-
cular 570.
The bond shall be in a form approved by the Village Attorney, payable
to the Villlage and in the amount of the estimated total cost of all temporary
and /or permanent soil erosion control measures. The total cost shall be est-
imated by the applicant and approved by the Village Engineer. In lieu of a
surety bond, the applicant may file with the Village, a cash bond or an in-
strument of credit approved by the Village Attorney in the amount equal to
that which would be required for the surety bond. The bond or other surety
shall be callable by the Village upon failure to comply with the site develop-
ment plan and permit.
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SECTION 15.06.080 REVIEW
To further the specific purposes of this Chapter, the following
review procedures are established:
1. Processing of Site Development Application
The Village Engineer shall review all site development applications.
Following such review, the Village Engineer, in writing, shall:
a) approve the site development application if it conforms with
the provisions of this Chapter and issue a permit; b) approve
the site development application subject to such reasonable
conditions as deemed necessary to secure substantially the objectives
of this Chapter and issue a permit subject to those conditions; or
c) disapprove the site development application.
2. Prohibition of Earth Removal
No site development permit shall be issued for an intended build-_
ing site unless:
(a) such permit is accompanied by or combined with a valid
building permit issued by the Village, or
(b) the proposed earth moving is coordinated with any overall
plan previously approved by the Village for the parcel in
which the site is situated.
SECTION 15.06.090 - APPEALS
The applicant may appeal the decision of the Village Engineer to the
Village President and Board of Trusteesfor final disposition.
SECTION 15.06.100 - RESPONSIBILITY
Failure of the Village officials to observe or recognize hazardous
or unsightly conditions or to recommend denial of the site development permit,
or of the Village Engineer to deny such .permit, shall not relieve the permittee
from responsibility for the condition or damage resulting therefrom, and shall
not result in the Village, or its officers or agents being responsible for any
condition or damage resulting therefrom.
SECTION 15.06.110 - RETENTION OF PLANS
Plans, specifications and reports for all site developments shall be
retained by the Village Engineer.
SECTION 15.06.120 - INSPECTIONS
The Village Engineer shall make inspections as hereinafter required
and shall either approve that portion of the work completed or shall notify the
permittee wherein the same fails to comply with'the site development plan.
Where it is found by inspection that conditions are not substantially as stated
or shown in the said plan, the Village Engineer may stop further work until
approval is obtained to revise the plan conforming to the existing conditions.
Plans for the work, bearing the stamp of approval of the Village Engineer,
shall be maintained at the site during progress of the work. Until the final
inspection is made, a copy of the site development permit issued by the Village,
shall be available on the property. In order to obtain inspections in accor-
dance with the following schedule, the permittee shall notify the Village Engineer
at least two (2) full working days before the said inspection is to be made.
1. Rough Grading. When all rough grading has been completed; and
2. Final Inspection. When all work, including installation of all
drainage and other structures and required plantings has been
completed.
SECTION 15.06.130 - APPLICABILITY
All earth moving, grading and grading operations not specifically
exempted by the provisions of this Chapter shall comply with the applicable
standards and requirements set forth in this Chapter.
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SECTION 15.06.140 - HANDBOOK ADOPTED BY REFERENCE
"Standards and Specifications for Soil Erosion and Sediment Control
in Northeastern Illinois ", August, 1973 edition thereof, as compiled by the
North Cook County Soil and Water Conservation District are hereby incorporated
into this Chapter, and made a part hereof by this reference, for the purpose
of delineating procedures and methods of operation under development plans
approved in this Chapter. In the event of conflict between provisions of the
said "Handbook" and other provisions of this Chapter, the said provisions of
this Chapter shall govern.
SECTION 15.06.150 - SPECIAL PRECAUTIONS
A. If at any stage of the grading the Village Engineer determines
by inspection that further work as authorized by an existing
permit is likely to imperil any property, public way, water-
course or drainage structure, the Village Engineer may require,
as a condition to allowing the work to be done, that such
reasonable special precautions be taken as deemed advisable to
avoid the likelihood of such peril. Special precautions may
include, but shall not be limited to, specifying a more level
exposed slope, construction of additional drainage facilities,
berms, terracing, compaction, or cribbing, installation of
plant materials for erosion control, and reports of a registered
professional engineer whose recommendations may be made require-
ments for further work.
B. Where it appears that storm damage may result because the grading
is not complete, work may be stopped and the permitt2e required
to install temporary plantings to control erosion, install
temporary structures or take such other measures as may be re-
quired to protect adjoining property or the public safety.
On large operations or where unusual site conditions prevail,
the Village Engineer may specify the time of starting grading
and time of completion or may require that the operation be con -
ducted in specific stages so as to insure completion of pro -
tective-measures or devices prior to the advent of seasonal rains.
SECTION 15.06.160 - EXPIRATION OF PERMIT
Every site development permit shall expire by limitation and become
null and void if the work authorized by such permit has not been commenced within
one hundred and eighty (180) days, or is not completed within one (1) year from
date of issue; except that the Village Engineer may, if the permit holder presents
satisfactory evidence that unusual difficulties have prevented work being started
or completed within the specified time limits grant a reasonable extension of
time, not to exceed sixty (60) days, if written application is made before the
expiration date of the permit.
SECTION 15.06.170 - EXCEPTIONS
The Village President and BOARD OF TRUSTEES, after recommendation by
the Village Engineer, may authorize exceptions to any of the requirements and
regulations set forth in this Chapter upon the conditions below set forth:
Application for Exception - Application for any exception shall be
made by a verified petition of applicant stating fully the grounds
of the application and the facts relied upon by the petitioner.
Such petition shall be filed with the site development permit applica-
tion. In order for the land referred to in the petition to come within
the provisions of this section, it shall be necessary that the Village
Engineer find the following facts with respect thereto:
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(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
records that it is impossible or impractical for the sub-
divider to comply with all of the regulations of this Chapter.
(2) that the granting of the exception will not be detrimental to
the public welfare or injurious to other property in the vicinity
of the subject property.
SECTION 15.06.180 - REVOCATION OR SUSPENSION OF PERMIT
In the event any person holding a site development permit pursuant
to this Chapter violates the terms of the permit, or conducts or carries on
said site development in such a manner as to adversely affect the health,
welfare, or safety of persons residing or working in the neighborhood of the
property of the said permittee, or conducts or carries on said site development
so that it is detrimental to the public welfare or injurious to property or
improvements in the neighborhood, the Village Engineer shall revoke or suspend
the site development permit.
SECTION 15.06.190 — FEES
In order to provide for necessary engineering services, field
inspections during construction and administrative expense, applicant shall,
upon issuance of a site development permit, pay to the Village three and one -
half percent of the estimated cost of construction of all temporary and /or
permanent soil erosion control measures, private and public which are covered
under this Chapter.
SECTION 15.06.200 - NUISANCES
This Chapter shall not be construed as authorizing any person to
maintain a private or public nuisance upon their property, -and compliance
with the provisions of this Chapter shall not be a defense in any action to
abate such nuisance.
SECTION 15.106.210` VIOLATIONS AND PENALTIES
Any person violating the provisions of this Chapter shall be punished
as provided in Section 1.08.010 of the Buffalo Grove Municipal Code and shall
be, and hereby is required to restore the property to the condition existing
prior to commission of the violation or to bear the expense of such restoration.
SECTION 15.06.220 - CONSTITUTIONALITY
If any section, subsection, sentence, clause or phrase of this Chapter
is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Chapter. The President and Board of-Trustees
of the Village of Buffalo Grove hereby declare that they would have passed this
Chapter, and each subsection, sentence, clause and phrase hereof irrespective of
the fact that any one or more of the sections, subsections, sentences, clauses
or phrases of this Chapter hereof be declared invalid or unconstitutional.
SECTION 2
This Ordinance shall be in full force and effect from and after its
passage, approval and publication according to law.
AYES 5 Rech, Bogart, Marienthal,
Stone, Mendenhall NAYS 0 - None ABSENT 1 Kandel
PASSED March 5, ,1979
APPROVED March 5, ,1979
PUBLISHED March. 6, -,1979
APPROVE ;
VILLAGE PRESIDENT
ATTEST.
l
VILLIA E CLERK
ORDINANCE NO. 79 -../T
AN ORDINANCE AMENDING TITLE 15 OF THE
VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
( SOIL EROSION AND SEDIMENTATION CONTROL)
WHEREAS, excessive quantities of soil are eroding from areas that
are undergoing development for certain non - agricultural uses, including but
not limited to, the construction of dwelling units, commercial buildings, in-
dustrial plants, roads and highways, utilities, educational, flood control and
recreational facilities, and:
WHEREAS, the washing, blowing and falling of eroded soil across and
upon walkways and roadways endangers the health and safety of users thereof, and:
WHEREAS, said soil erosion necessitates the costly repair of gulleys,
washed -out fills, roads and embankments, and;
WHEREAS, the sediment from said soil erosion tends to clog sewers and
ditches and to pollute and silt, streams, lakes, ponds, and reservoirs, and;
WHEREAS, said sediment limits the use of water and waterways for most
beneficial purposes, destroying fish and other aquatic life, and that said
sediment is costly and difficult to remove, and;
WHEREAS, said sediment reduces the channel capacity of waterways,
resulting in greatly increased chances of flooding, grave danger to public
health and safety, and property damage:
-NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, COOK AN-D LAKE COUNTIES, ILLINOIS:
SECTION 1: There is hereby added to the Municipal Code of the Village
of Buffalo Grove, Illinois, Chapter 15.06, which is to read as follows:
Chapter 15.06
Soil Erosion And Sedimentation Control
SECTION 15.06.010 - PURPOSE
The President and Board of Trustees of the Village of Buffalo Grove
therefore declare that the purpose of this Chapter is to provide minimum standards
to safeguard persons, to protect property and prevent the despoilation of the en-
vironment, and to promote the public welfare, by regulating and controlling the
design, construction, quality of materials and use and maintenance of any
development or other activity which disturbs or breaks the topsoil or otherwise
results in the movement of earth on land situated within the corporate limits
of the Village of Buffalo Grove, Illinois, or other lands which fall under the
jurisdiction of the Village pursuant to the Subdivision Ordinance or other
applicable regulations.
SECTION 15.06.020 - DEFINITIONS
For the purpose of this Chapter certain terms used herein are defined
as set forth below:
BUILDING PERMIT means a permit .issued by the Village for the construc-
tion, erection or alteration of a structure or building:
CERTIFY OR CERTIFICATION means that the required inspections and tests
have been performed and that the results comply with the applicable requirements
of this Chapter.
CUBIC YARDS means the amount of material in excavation and /or fill
measured by the method of "average end areas ".
- 2 -
ENGINEER means a registered professional engineer of the State of
Illinois.
EXCAVATION means any act by which organic matter, earth, sand, gravel,
rock or any other similar material is cut into, dug,quarried, uncovered, re-
moved, displaced,* relocated or bulldozed and shall include the conditions
resulting therefrom.
EXISTING GRADE means the vertical location of the existing ground
surface prior to excavation or filling.
FILL means any act by which earth, sand, gravel, rock or any other
similar material is deposited, placed, replaced, pushed, dumped, pulled, trans-
ported or moved to a new location and shall include the conditions resulting
therefrom.
GRADING means excavation or fill or any combination thereof and
shall include the conditions resulting from any excavation or fill.
PARCEL means all contiguous land in one ownership.
PERMITEE means any person to whom a site development permit is
issued.
PERSON means any person, firm or corporation,
public or private; the State of Illinois and its agencies or poliZ3ca1 sub
divisions; the United States of America, its agencies and instrumentalities;
and any agent, servant, officer or employee of any of the foregoing.
REMOVAL means cutting vegetation to the ground or stumps, complete
extraction, or killing by spraying.
SITE means a lot or parcel of land, or a contiguous combination
thereof, where grading work is performed as a single unified operation.
SITE DEVELOPMENT means altering terrain and/or vegetation, or
performing any construction upon or making any other material changes in a
land site.
LAND SURVEYOR means a registered surveyor of the State of Illinois.
VACANT means land on which there are no structures or only structures
which are secondary to the use or maintenance of the land itself. - -
VILLAGE means the Village of Buffalo Grove, Counties of Cook
and Lakes Illinois
SECTION 15.06.030 - GENERAL CRITERIA AND STANDARDS
The following general principles shall apply to any movement of
earth and any sedimentation and erosion control plan and the granting of a
permit for the execution of said plan as hereinafter provided:
(a) the smallest practical area of land shall be exposed at any
given time during development.
(b) Such minimum area exposure shall be kept to as short a duration
of time as is practical.
(c) Where appropriate, temporary vegetation, mulching or other
non- viable cover shall be used -to protect areas exposed during development.
(d) Sediment basins, debrig basins, desilting basins, or silt
itraps shall be installed and maintained to remove sediment from run -off
waters from land undergoing development.
- 3 -
(e) Provision shall be made to effectively accommodate the increased
run -off caused by changed soil and surface conditions during and after development.
(f) Permanent, final plant covering or structures shall be installed
as soon as possible.
(g) The plan of development shall relate to the topography and soils
of the site so that the lowest potential for erosion is created.
(h) Natural plant covering shall be retained and protected so,far as
is consistent with developing the site.
(i) Velocity retarding devices (temporary or permanent) shall be in-
stalled to reduce the scouring and transport capacities of drainage ditches.
SECTION 15.06.040 - PLAN AND PERMIT REQUIRED
Before land is cleared, filled in, graded, transported or, otherwise
disturbed by the movement of earth for construction projects within the Village,
a site development permit embodying the proposed earth movement shall be obtained
from the Village Engineer, where development comes under any one or more of the
following provisions, unless such development is exempted therefrom by Section
15.060.050
(a) Excavation, fill or any combination thereof, will exceed
one hundred (100) cubic yards.
(b) Fill will exceed three (3) feet in vertical depth at its
deepest point measured from the natural ground surface.
(c) Excavation will exceed four (4) feet in vertical depth
at its deepest point.
(d) Excavation, fill, or any combination thereof will exceed an
area of five thousand (5,000) square feet.
(e) Plant cover is to be removed from an area exceeding five
thousand (5,000) square feet on any vacant parcel of land
or any parcel of land in excess of ten (10) acres.
SECTION, 15.06.050 - PLAN AND PERMIT NOT REQUIRED
A site development permit shall not be required in the following
cases:
(a) Any excavation below finished grade for a septic tank and
drain field, tank, tunnel, basement, swimming pool, cellar or
footing of a building or structure for which a building permit
shall have been issued by the Village, unless the excavation
is part of a larger development which would otherwise require
such a permit.
` (b) Excavation or removal of vegetation in public utility ease-
ments by public utility companies for the purpose of install -
ing underground utilities.
i
(c) Dredging by the Village for flood control.
(d) Tilling of the soil for fire protection purposes.
(e) Engaging in the following, but only if in connection with a
farming or other agricultural or conservation enterprise and
upon property zoned solely for farming or agricultural purp-
oses and uses.
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(i) the construction of sod waterways, or
(ii) the construction of terraces, or
(iii) the construction of surface water diversions, or
(iv) the construction of grade stabilization structures or
(v) the tilling of the soil..
SECTION 15.06.050 - APPLICATION
1. No site development or building permit shall be issued until
the applicant submits an acceptable site development plan and certifies that
any land - clearing construction or development involving the movement of earth
shall be in accordance with such plan.
2. Each application for a site development permit shall be made by
the owner of the property or his authorized representative to the Village
Engineer and shall be accompanied by a site development plan consisting of
the following, unless the Village Engineer finds any item unnecessary to insure
compliance with the provisions of this Chapter; provided, however, that no
exemption- from subsection (a) hereof shall be granted to any applicant who
intends to move in excess of five hundred (500) cubic yards of dirt.
(a) With respect to site developments, a vicinity sketch,
showing acreage of site, boundary line survey, zoning, type
of proposed sewer and water facilities, location of existing
utilities, buildings and drains on and within one hundred
and fifty (150) feet of the site, together with a legend and
scale. There shall be included on or with such a vicinity
sketch:
(i) a soil map of the subject property showing the predominant
soil types on the site.
(ii) information regarding•those areas abutting or adjacent to
the site sufficient to show existing drainage patterns and
the drainage course that may affect, or be affected by the
development of the site.
(iii) the name and address of the developer and owner.
(iv) the name and address of any consulting firm retained by
the applicant, together with the name of applicant's
principal contact at such firm.
(v) limits of regulatory flood plain(s).
(vi) areas to be sodded, seeded, mulched or paved.
(vii) acreage of area to be vegetatively stabilized, if any.
(viii) areas to be left undisturbed.
(b) With respect to site grading, a grading plan showing the site and
a one hundred and fifty (150) foot adjacent peripheral strip, pro -
posed contours at (one) l foot intervals and final grades, street
profiles, and an indication of what measures will be employed to
protect cut and fill slopes from surface run -off.
(c) Storm drainage plan based upon a competent study, including a
drainage area map and computations, and indicating what conditions
now prevail at proposed and natural outlets such as:
(i) whether the drainage course is bare earth or vegetated.
(ii) whether the constructed outlet will be in open sun, open shade,
or dense shade.
(iii) whether the natural or proposed outlet is subject to long term
or continuous flow.
(iv) whether there is evidence of a.high water table (permanent
or seasonal).
(v) whether the exisiti.ng, outlet is actively eroding.
(vi) whether the area is subject to seepage or spring flow.
(vii) the elevation of normal water level in all proposed and
natural outlets.
(viii) a profile below outlet for a sufficient distance to indicate
the natural gradient of the accepting natural outlet and /or
stream channel.
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(ix) a cross - section and profile of existing stream channels
where applicable.
(x) a ditch design and computations for all seeded, sodded or
bare earth outlets, ditches and similar water conduction
facilities.
(d) Estimated time schedule and phasing of development of the site:
Phase I Stripping and /or clearing
Phase II Rough grading and construction
Phase III, Final grading and vegetative establishment
Phase IV Maintenance.
All erosion and sediment control plans submitted to the Village
Engineer for approval shall show all the erosion and sediment
control measures needed to provide protection throughout all
the phases of construction listed above. These plans shall
also include any off -site borrow and spoil areas, sewer lines,
utility lines, haul and access roads, and shall further indicate:
(i) the date when clearing of the site will begin.
(ii) duration of exposure of disturbed areas.
(iii) installation of temporary sediment control measures
(vegetative and structural) by phase and date.
(iv) installation of storm drainage by phase and date.
(v) paving of streets and parking areas, if any, by phase and date.
(vi) establishment of permanent vegetative cover (plans will show
what will be done to shorten the duration.of exposure of disturbed
areas as soon after grading as possible), including seeding mixes
and rates, type of sod, seedbed preparation, seeding dates, lime
and fertilizer application rates, temporary seedings, if needed,
mulching, or similar stabilization procedures.
(vii) details of all structural sediment control measures.
(viii) computations for sediment basins, if any.
(e) For the purpose of exemplifying the considerations and factors
which should enter into the preparation of a site development
plan, the standards and requirements of the "Standards and
Specifications for Soil Erosion and Sediment Control in North-
eastern Illinois ", August, 1973 edition thereof, as compiled by
the North Cook County Soil and Water Conservation District, shall
be used.
SECTION 15.06.070 - BOND REQUIREMENT
A site development permit shall not be issued unless the permittee
shall first post with the Village Clerk a bond executed by the landowner and
a corporate surety with authority to do business in this State as.surety.
The surety's name shall also appear in the U.S. Department of Treasury Cir-
cular 570.
The bond shall begin a form approved by the Village Attorney, payable
to the Villlage and in the amount of the estimated total cost of all temporary
and /or permanent soil erosion control measures. The total cost shall be est-
imated by the applicant and approved by the Village Engineer. In lieu of a
surety bond; the applicant may file with the Village, a cash bond or an in
t strument of credit approved by the Village Attorney in the amount equal to
that which would be required for the surety bond. The bond or other surety
shall be callable by the Village upon failure to comply with the site develop-
ment plan and permit.
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SECTION 15.06.080 - REVIEW
To further the specific purposes of this Chapter, the following
review procedures are established:
1. Processing of Site Development Application
The Village Engineer shall review all site development applications.
Following such review, the Village Engineer, in writing, shall:
a) approve the site development application if it conforms with
the provisions of this Chapter and issue a permit; b) approve
the site development application subject to such reasonable
conditions as deemed necessary to secure substantially the objectives
of this Chapter and issue a permit subject to those conditions; or
c) disapprove the site development application.
2. Prohibition of Earth Removal
No site development permit shall be issued for an intended build-
ing site unless:
(a) such permit is accompanied by or combined with a valid
building permit issued by the Village, or
(b), the proposed earth moving is coordinated with any overall
plan previously approved by the Village for the parcel in
which the site is situated.
SECTION 15.06.090 - APPEALS
The applicant may appeal the decision of the Village Engineer to the
Village President and Board of Trustees for final disposition.
SECTION 15.06.100 - RESPONSIBILITY
. Failure of the Village officials to observe or recognize hazardous
or unsightly conditions or to recommend denial of the site development permit,
or of the Village Engineer to deny such permit, shall not relieve the permittee
from responsibility for the condition or damage resulting therefrom, and shall
not result in the Village, or its officers or agents being responsible for any
condition or damage resulting therefrom.
SECTION 15.06.110 - RETENTION OF PLANS
Plans, specifications and reports for all site developments shall be
retained by the Village Engineer.
SECTION 15.06.120 - INSPECTIONS
The Village Engineer shall make inspections as hereinafter required
and shall either approve that portion of the work completed or shall notify the
permittee wherein the same fails to comply with the site development plan.
Where it is found by inspection that conditions are not substantially as stated
or shown in the said plan, the Village Engineer may stop further work until
approval is obtained to revise the plan conforming to the existing conditions.
Plans for the work, bearing the stamp of approval of the Village Engineer,
shall be maintained at the site during progress of the work. Until the final
inspection is made, a copy of the site development permit issued by the Village,
shall be available on the property. In order to obtain inspections in accor-
dance with the following schedule, the permittee shall notify the Village Engineer
at least two (2) full working days before the said inspection is to be made.
1. Rough Grading. When all rough grading has been completed; and
2. Final Inspection. When all work, including installation of all
drainage and other structures and required plantings has been
completed.
SECTION 15.06.130 - APPLICABILITY
All earth moving, grading and grading operations not specifically
exempted by the provisions of this Chapter shall comply with the applicable
standards and requirements set forth in this Chapter.
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SECTION 15.06.140 - HANDBOOK ADOPTED BY REFERENCE
"Standards and Specifications for Soil Erosion and Sediment Control
in Northeastern Illinois ", August, 1973 edition thereof, as compiled by the
North Cook County Soil and Water Conservation District are hereby incorporated
into this Chapter, and made a part hereof by this reference, for the purpose
of delineating procedures and methods of operation under development plans
approved in this Chapter. In the event of conflict between provisions of the
said "Handbook" and other provisions of this Chapter, the said provisions of
this Chapter shall govern.
SECTION 15.06.150 - SPECIAL PRECAUTIONS
A. If at any stage of the grading the Village Engineer determines
by inspection that further work as authorized by an existing
permit is likely to imperil any property, public way, water-
course or drainage structure, the Village Engineer may require,
as a condition to allowing the work to be done, that such
reasonable special precautions be taken as deemed advisable to
avoid the likelihood of such peril. Special precautions may
include, but shall not be limited to, specifying a more level
exposed slope, construction of additional drainage facilities,
berms, terracing, compaction, or cribbing, installation of
plant materials for erosion control, and reports of a registered
professional engineer whose recommendations may be made require-
ments for further work.
B. Where it appears that storm damage may result because the grading
is not complete, work may be stopped and the permitt2e required
to install temporary plantings to control erosion, install
temporary structures or take such other measures as may be re-
quired to protect adjoining property or the public safety.
On large operations or where unusual site conditions prevail,
the Village Engineer may specify the time of starting grading
and time of completion or may require that the operation be con -
ducted in specific stages so as to insure completion of pro-
tective-measures or devices prior to the advent of seasonal rains.
SECTION 15.06.160 - EXPIRATION OF PERMIT
Every site development permit shall expire by limitation and become
null and void if the work authorized by such permit has not been commenced within
one hundred and eighty (180) days, or is not completed within one (1) year from
date of issue; except that the Village Engineer may, if the permit holder presents
satisfactory evidence that unusual difficulties have prevented work being started
or completed within the specified time limits grant a reasonable extension of
time, not to exceed sixty (60) days, if written application is made before the
expiration date of the permit.
SECTION 15.06.170 - EXCEPTIONS
The Village President and BOARD OF TRUSTEES, after recommendation by
the Village Engineer, may authorize exceptions to any of the requirements and
regulations set forth in this Chapter upon the conditions below set forth:
Application for Exception - Application for any exception shall be
made by a verified petition of applicant stating fully the grounds
.of the application and the facts relied upon by the petitioner.
Such petition shall be filed with the site development permit applica-
tion. In order for the land referred to in the petition to come within
the provisions of this section, it shall be necessary that the Village
Engineer find the following facts with respect thereto:
{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
records that it is impossible or impractical for the sub -
divider to comply with all of the regulations of this Chapter..
(2) that the granting of the exception will not be detrimental to
the public welfare or injurious to other property in the vicinity
of the subject property.
SECTION 15.06.180 - REVOCATION OR SUSPENSION OF PERMIT
In the event any person holding a site development permit pursuant
to this Chapter violates the terms of the permit, or conducts or carries on
said site development in such a manner as to adversely affect the health,
welfare, or safety of persons residing or working in the neighborhood of the
property of the said permittee, or conducts or carries on said site development
so that it is detrimental to the public welfare or injurious to property or
improvements in the neighborhood, the Village Engineer shall revoke or suspend
the site development permit.
SECTION 15.06.190 - FEES
In order to provide for necessary engineering services, field
inspections during construction and administrative expense, applicant shall,
upon issuance of a site development permit, pay to the Village three and one -
half percent of the estimated cost of construction of all temporary and /or
permanent soil erosion control measures, private and public which are covered
under this Chapter.
SECTION 15.06.200 - NUISANCES
This Chapter shall not be construed as authorizing any person to
maintain a private or public nuisance upon their property, and compliance
with the provisions of this Chapter shall not be a defense in any action to
abate such nuisance.
SECTION 15.06.210 -VIOLATIONS AND PENALTIES
Any person violating the provisions of this Chapter shall be punished
as provided in Section 1.08.010 of the Buffalo Grove Municipal Code and shall
be, and hereby is required to restore the property to the condition existing
prior to commission of the violation or to bear the expense of such restoration.
SECTION 15.06.220 - CONSTITUTIONALITY
If any section, subsection, sentence, clause or phrase of this Chapter
is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The President and Board of Trustees
of the Village of Buffalo Grove hereby declare that they would have passed this
Chapter, and each subsection, sentence, clause and phrase hereof irrespective of
the fact that any one or more of the sections, subsections, sentences, clauses
or phrases of this Chapter hereof be declared invalid or unconstitutional.
SECTION 2
This Ordinance shall be in full force and effect from and after its
passage, approval and publication according to law.
AYES 5 - Rech, Bogart, Marienthal,
Stone Mendenhall NAYS 0 - None ABSENT 1 - Kandel
PASSED March 5, ,1979
APPROVED March 5, 1979
PUBLISHED March 6, `,1979
APPR�OV�E :
VILLAGE PRESIDENT
ATTEST ;,,�