No person, firm or corporation shall alter or cause or permit
the alteration, whether by excavation, deposit of fill, moving of
earth, or any other means, of any existing land grade or contour if
such alteration:
A. Will cause surface water to be unreasonably diverted onto or detained
on abutting or nearby property; or
B. Will unreasonably alter natural or existing drainage patterns; or
C. Will unreasonably increase or concentrate runoff of stormwater onto
abutting or nearby property; or
D. Will cause or contribute to any violation of Chapter
225, Utilities, Part
1, Sewer Use, of the Village Code, or any other federal, state or local law, ordinance or regulation; or
E. Requires a grade change permit under §
109-4 and no such permit has been obtained.
The Building Commissioner may from time to time designate specific
classes of grade changes which do not threaten to adversely affect
surface water drainage patterns. No grade change permit shall be required
for such classes of grade changes. The Building Commissioner also
may waive, in writing, the requirement of a grade change permit with
respect to any specific proposed grade change if he/she finds that
the proposed grade change will not affect existing surface water drainage
onto or off of the subject property.
[Amended 3-10-1997 by Ord. No. 97-10]
A. All permit applications required to be filed under this article shall
be accompanied by a nonrefundable application fee as set forth in
the Bannockburn Fee Schedule.
[Amended 5-22-2017 by Ord. No. 2017-12]
B. Prior to the issuance of a grade change permit for a residential construction project, the permittee shall pay to the Village a general inspection fee as set forth in the Bannockburn Fee Schedule, unless the Building Commissioner determines that the number or nature of inspections for a particular residential construction project warrants a reduced general inspection fee. Where an inspection schedule is established pursuant to §
109-4D(1)(b) of this article, the Building Commissioner (in consultation with the Village Engineer) shall establish a general inspection fee for such grade change permit based on the number and nature of inspections to be conducted.
[Amended 5-22-2017 by Ord. No. 2017-12]
C. In addition to the fees prescribed in Subsections
A and
B of this section, where the nature of the application or the grade change work requires the Village to employ services of any consulting engineer or other person not regularly on the Village's payroll for the purpose of either reviewing the application, plans, or specifications or inspecting the grade change work, the Village may require the permittee to pay an additional special application or inspection fee (as the case may be) equal to the actual cost to the Village of such services, plus 10% to cover the Village's administrative time and expenses. In the event the permittee does not pay such additional special application or inspection fee to the Village within 30 days after the Village sends a written invoice therefor, the extraordinary application review or inspection services shall be deemed to be "work for the purpose of abating a nuisance" (as set forth in §
109-7 of this article), and the additional special application or inspection fee shall be costs for which the Village may claim a lien in accordance with §
109-7 of this article.
Any change or alteration of any existing grade or contour undertaken,
caused or allowed in violation of this article is hereby declared
to be a public nuisance and the Village Board shall, upon discovery
of any such nuisance, take all appropriate steps to cause its abatement.
To that end, the Village Board shall have authority, after written
notice to the owner of the subject property, to authorize Village
contractors to go upon the subject property for the purpose of abating
the nuisance and to charge the cost of such work to such owner. In
the event of nonpayment by the owner, such charges shall be a lien
upon the subject property to be recorded, enforced and foreclosed
as provided in Section 11-20-13 of the Illinois Municipal Code (65
ILCS 5/11-20-13), pertaining to the removal of debris from private
property.