[Ord. No. 2005-78]
The City Council of the City of Bloomington
therefore declares that the purpose of this ordinance is to safeguard
persons, protect property, prevent damage to the environment, and
promote the public welfare by guiding, regulating and controlling
the design, construction, use and maintenance of any development or
other activity which disturbs or breaks the topsoil or otherwise results
in the movement of earth on land situated in the City of Bloomington.
It is the intention of this ordinance that the delivery of sediment
from sites affected by land disturbing activities be limited, as closely
as practicable, to that which would have occurred if the land had
been left in its natural undisturbed state.
[Ord. No. 2005-78]
It is the objective of this ordinance to control soil erosion and sedimentation caused by development activities, including clearing, grading, stripping, excavating, and filling of land, in the City of Bloomington. 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 five year frequency or less. The following principles shall apply to all development activities within the City of Bloomington and to the preparation of the submissions required under § 24-603 of this ordinance:
A.
Development shall be related to the topography
and soils of the site so as to create the least potential for erosion.
Areas of steep slopes where high cuts and fills may be required should
be avoided wherever possible, and natural contours should be followed
as closely as possible.
[Ord. No. 2005-78]
B.
Natural vegetation should be retained and
protected wherever possible. Areas immediately adjacent to natural
watercourses, lakes, ponds, and wetlands should be left undisturbed
wherever possible. Temporary crossings of watercourses, when permitted,
must include appropriate stabilization measures.
[Ord. No. 2005-78]
C.
Special precautions shall be taken to prevent
damages resultant from any necessary development activity within or
adjacent to any stream, lake, pond, or wetland. Preventative measures
shall reflect the sensitivity of these areas to erosion and sedimentation.
[Ord. No. 2005-78]
D.
The smallest practical area of land shall
be exposed for the shortest practical time during development.
[Ord. No. 2005-78]
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.
[Ord. No. 2005-78]
F.
The selection of erosion and sedimentation
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.
[Ord. No. 2005-78]
G.
In the design of erosion control facilities
and practices, aesthetics and the requirements of continuing maintenance
shall be considered.
[Ord. No. 2005-78]
H.
Provisions 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 off-site and in a manner
which will not cause flooding or other hardships off-site from the
site.
[Ord. No. 2005-78]
I.
Permanent vegetation and structures shall
be installed and functional as soon as practical during development.
[Ord. No. 2005-78]
J.
Those areas being converted from agricultural
purposes to other land uses shall be vegetated with an appropriate
protective cover prior to development. The protective cover shall
be properly replaced and maintained in accordance with all other applicable
local, State, and national codes/laws during site development until
the permanent vegetation and structures have become functional.
[Ord. No. 2005-78]
K.
All waste generated as a result of site
development activity shall be properly disposed of in an approved
manner and shall be prevented from being carried off the site by either
wind or water. Wastes generated from the placement of concrete, asphalt
or similar materials will be properly controlled such that no sediment
from said items will be allowed to enter the sewer systems, water
ways or other bodies of water. The Developer, Owner or their agent
shall provide details regarding the locations of appropriate washout
areas prior to the start of any work involving said items and shall
be responsible for ensuring the wastes resulting from usage of said
items are disposed of in an approved manner.
[Ord. No. 2005-78]
L.
All construction sites shall provide measures
to prevent sediment from being tracked onto public or private roadways.
Any sediment tracked onto public or private roadways shall be removed
as soon as possible but not later than the end of the work day during
which said sediment is tracked onto the public or private roadway.
[Ord. No. 2005-78]
M.
All construction sites or additions to
subdivisions approved by the City Council and under construction at
the time of passage of this ordinance must provide the City of Bloomington
with a copy of the Stormwater Pollution Prevention Plan created by
the developer, or their representative, per State and/or Federal Regulations
regarding National Pollutant Discharge Elimination System permits.
[Ord. No. 2005-78]
N.
All developments, subdivisions, or other
construction sites approved by the City Council after the passage
of this ordinance which are required by State or Federal law to create
and maintain a Stormwater Pollution Prevention Plan shall submit said
plan to the Public Works Department prior to any work being performed.
The Stormwater Pollution Prevention Plan shall be maintained per Federal
and State regulations. Any revisions to the Stormwater Pollution Prevention
Plan shall be provided to the City within three working days of their
implementation. All inspection reports and other reports required
by Federal or State law shall be maintained per Federal and State
laws and provided to the Public Works Department upon demand for said
items.
[Ord. No. 2018-93]
O.
All construction sites or additions to
subdivisions approved by the City Council under construction at the
time of passage of this ordinance must comply with the Stormwater
Pollution Prevention Plan submitted by the developer, or their representative,
per State and/or Federal Regulations regarding National Pollutant
Discharge Elimination System permits. The owner, builder or their
representative should contact the developer to obtain a copy of the
Stormwater Pollution Prevention Plan, determine what requirements
are set forth in the Stormwater Pollution Prevention Plan and implement
said measures. The owner, builder or their representative shall provide
the City with an Erosion Control Plan outlining the erosion and sediment
control measures to be used on their lot. The City reserves the right
to require further erosion and sediment control measures on a lot
by lot basis.
[Ord. No. 2005-78]
[Ord. No. 2005-78]
A.
Permit required. Except as otherwise provided
in this ordinance, no person, owner, or agent thereof shall allow
the commencement of or performance of any clearing, grading, stripping,
excavating, or filling of land which meets the following provisions
without having first obtained a Erosion and Sediment Control Permit
from the Public Works Department of the City of Bloomington.
(1)
Any land disturbing activity (i.e., clearing,
grading, stripping, excavation, fill, or any combination thereof)
that will affect an area in excess of 5,000 square feet;
(2)
Any land disturbing activity that will
affect an area in excess of 1,000 square feet if the activity is within
25 feet of a lake, pond, stream, or wetland; or
(3)
Excavation, fill, or any combination thereof
that will exceed 100 cubic yards.
[Ord. No. 2018-93]
B.
Exemptions. A permit shall not be required for any of the following provided that the person responsible for any such development shall implement necessary soil erosion and sediment control measures to satisfy the principles set forth in § 24-602 of this Ordinance and the City's Manual of Practice for the Design of Public Improvements:[1]
(1)
Excavation below final grade for the basement
and footings of a single-family residence and appurtenant structures
on a site in excess of five acres for which a building permit has
been issued by the City of Bloomington;
(2)
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;
(3)
Installation, renovation, or replacement
of a septic system to serve an existing dwelling or structure.
[Ord. No. 2005-78]
[1]
Editor's Note: The Manual of Practice is included as an attachment to this chapter.
C.
Application for permit. Application for
an Erosion and Sediment Control permit shall be made by the owner
of the property or his authorized agent to the Director of Public
Works 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 and of 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. 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. Each application shall include
the gross area of the site and the impervious area included within
the site and the area of the site to be disturbed. Each application
for more than one acre shall be signed by a Licensed Professional
Engineer or a Certified Professional in Erosion and Sediment Control.
[Ord. No. 2018-93]
D.
Fee schedule.
(1)
Subdivisions with public improvements.
Fee for ESCP is included in Inspection Fee.
(2)
Sites less or equal to one acre: the fee
shall be as set forth in the Schedule of Fees.
(3)
Sites greater than one acre and less than
or equal to 50 acres: the fee shall be set forth in the Schedule of
Fees.
(4)
Sites greater than 50 acres: the fee shall
be as set forth in the Schedule of Fees.
[Ord. No. 2018-89]
E.
Submissions. Submitted permit applications
shall be in conformance with site development guidelines contained
in the City of Bloomington's Manual of Practice for the Design of
Public Improvements.
[Ord. No. 2005-78]
F.
Bonds. The applicant for a permit to disturb
five acres or more is required to file with the Director of Public
Works a faithful performance bond or bonds, letter of credit or cash
or other improvement security satisfactory to the City's Corporate
Counsel in an amount deemed sufficient by the Director of Public Works
to cover all costs of improvements, landscaping, maintenance of improvements
and landscaping, and soil erosion and sediment control measures for
such period as specified by the City of Bloomington, and engineering
and inspection costs to cover the cost of failure or repair of improvements
installed on the site. The erosion control security may be included
in the Land Subdivision Performance and Workmanship Bond.
[Ord. No. 2018-93]
G.
Review and approval. Each application for
an Erosion and Sediment Control permit shall be reviewed and acted
upon according to the following procedures:
(1)
The Director of Public Works will review
each application for an Erosion and Sediment Control permit to determine
its conformance with the provisions of this ordinance. The Director
of Public Works may also refer any application to the McLean County
Soil and Water Conservation District and/or any other local government
or public agency within whose jurisdiction the site is located for
review and comment. Within 60 days after receiving an application,
the Director of Public Works shall in writing:
(a)
Approve the permit application if
it is found to be in conformance with the provisions of this ordinance,
and issue the permit;
(b)
Approve the permit application subject
to such reasonable conditions as may be necessary to secure substantially
the objectives of this ordinance, and issue the permit subject to
these conditions; or
(c)
Request changes and/or additional
information, necessary to secure substantially the objectives of this
ordinance, and the procedure for submitting a revised application.
(d)
Disapprove the permit application,
indicating the deficiencies and the procedure for submitting a revised
application and/or submission.
(2)
No Erosion and Sediment Control permit
shall be issued for an intended development site unless:
(a)
The development, including but not
limited to subdivisions and planned unit developments, has been approved
by the City Council where applicable, or
(b)
All relevant federal and state permits
(i.e., for floodplains and wetlands) have been received for the portion
of the site subject to soil disturbance.
(3)
The application for an Erosion and Sediment
Control permit for a site which includes a structure shall not alleviate
the applicant from the responsibility of obtaining all other permits
which may be required by local or state laws.
(4)
Failure of the Director of Public Works
to act on an original or revised application within 60 days of receipt
shall authorize the applicant to proceed in accordance with the plans
as filed unless such time is extended by agreement between the Director
of Public Works and the applicant. Pending preparation and approval
of a revised plan, development activities may be allowed to proceed
with the permission of the Director of Public Works, in accordance
with the conditions established by same.
[Ord. No. 2018-93]
H.
Expiration of permit. Every site development
permit shall expire and become null and void if the work authorized
by such permit has not been commenced within one year of permit issuance
or is not completed by a date which shall be specified in the permit;
except that the Director of Public Works 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 Director of Public Works may
require modification of the erosion control plan to prevent any increase
in erosion or off-site sediment runoff resulting from any extension.
[Ord. No. 2018-93]
I.
Appeals. The applicant, or any person or agency which received notice of the filing of the application, may appeal the decision of the Director of Public Works as provided in § 24-603G to the Construction Board of Appeals. Upon receipt of an appeal, the Construction Board of Appeals shall schedule and hold a public hearing, after giving 15 days' notice thereof. The Construction Board of Appeals shall render a decision within 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 and 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. Failure to file an appeal within five business days from the permit issuance date or the starting of work on a job site shall be deemed in agreement with the conditions of the permit and remove any right to appeal the conditions of said permit.
[Ord. No. 2018-93]
J.
Retention of plans. Plans, specifications,
and reports for all site developments shall be retained, in original
form, microfilm, or digital format by the Director of Public Works.
[Ord. No. 2018-93]
[Ord. No. 2005-78]
A.
Applicability. All clearing, grading, stripping, excavating, and filling which is subject to the permit requirements of this ordinance shall be subject to the applicable standards and requirements set forth in this § 24-604 and A Manual Of Practice For The Design of Public Improvements.[1]
[Ord. No. 2005-78]
[1]
Editor's Note: The Manual of Practice is included as an attachment to this chapter.
B.
Responsibility. The permittee shall not
be relieved of responsibility for damage to persons or property otherwise
imposed by law, and the City of Bloomington or its officers or agents
will not be made liable for such damage, by (1) the issuance of a
permit under this ordinance, (2) compliance with the provisions of
that permit or with conditions attached to it by the Director of Public
Works, (3) failure of City of Bloomington officials to observe or
recognize hazardous or unsightly conditions, (4) failure of City of
Bloomington officials to recommend denial of or to deny a permit,
or (5) exemptions from the permit requirements of this ordinance.
[Ord. No. 2018-93]
C.
Handbooks adopted by reference. The standards and specifications contained in latest editions of the Illinois Urban Manual (the Blue Book, developed and issued by the United States Department of Agriculture - Natural Resources Conservation Service and the Illinois Environmental Protection Agency, and the Illinois Procedures and Standards for Urban Soil Erosion and Sedimentation Control (the Green Book, issued by the Association of Illinois Soil and Water Conservation Districts) cited in § 24-603, are hereby incorporated into this § 24-604 and made a part hereof by reference for the purpose of delineating procedures and methods of operation under site development and erosion and sedimentation control plans approved under § 24-603. In the event of conflict between provisions of said manuals and of this ordinance, the following order of precedence shall apply:
(1)
City of Bloomington Ordinances and A Manual
of Practice For The Design of Public Improvements.[2]
[2]
Editor's Note: The Manual of Practice is included as an attachment to this chapter.
(2)
Urban Manual (Blue Book).
(3)
Illinois Procedures and Standards for Urban
Soil Erosion and Sedimentation Control (Green Book)
[Ord. No. 2005-78]
D.
Maintenance of control measures. All soil
erosion and sediment control measures necessary to meet the requirements
of this ordinance shall be maintained periodically by the applicant
(owner or developer) or subsequent landowner during the period of
land disturbance and development of the site in a satisfactory manner
to ensure adequate performance. If a change in owner or developer
occurs during the period of land disturbance and development of the
site, the subsequent or successor owner or developer shall be required
to obtain a new Erosion and Sedimentation Control Permit.
[Ord. No. 2005-78]
E.
Inspection.
(1)
For sites greater than or equal to one
acre, the Director of Public Works, or his appointee, 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 site development or erosion and sedimentation control
plan as approved. Applicant shall maintain and make available upon
demand plans approved by the Director of Public Works for grading,
stripping, excavating, and filling work. In order to obtain inspections
and to ensure compliance with the approved erosion and sediment control
plan and permit the grading or building permit, and this Ordinance,
the permittee shall notify the Director of Public Works within two
working days of the completion of the construction stages specified
below:
(a)
Upon completion of installation of
sediment and runoff control measures (including perimeter controls
and diversions), prior to proceeding with any other earth disturbance
or grading,
(b)
After stripping and clearing,
(c)
After final grading,
(d)
After seeding and landscaping, and
(e)
After final stabilization and landscaping,
prior to removal of sediment controls.
(2)
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 working days after
notice is received by the Director of Public Works from the permittee,
the permittee may continue work at his/her own risk, without presuming
acceptance by the Director of Public Works. Notification of the results
of the inspection shall be given in writing.
(3)
For sites less than one acre the Director
of Public Works 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 site development
or erosion and sedimentation control plan as approved. In order to
obtain inspections and to ensure compliance with the approved erosion
and sediment control plan, and permit the grading or building permit,
and this Ordinance, the permittee shall notify the Director of Public
Works within two working days of the completion of the construction
stages specified below:
(a)
Upon completion of installation of
sediment and runoff control measures (including perimeter controls
and diversions), prior to proceeding with any other earth disturbance
or grading,
(b)
After final grading,
(c)
After final stabilization and landscaping,
prior to removal of sediment controls.
[Ord. No. 2018-93]
F.
Special precautions.
(1)
If at any stage of the grading of any development
site the Director of Public Works 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 Director of Public Works 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.
(2)
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 Director of Public Works
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 insure completion of protective measures or devices prior to
the advent of seasonal weather patterns.
[Ord. No. 2018-93]
G.
Amendment of plans. Major amendments of
the site development or erosion and sedimentation control plans shall
be submitted to the Director of Public Works and shall be processed
and approved or disapproved in the same manner as the original plans.
Field modifications of a minor nature may be authorized by the Director
of Public Works by written authorization to the permittee. The Director
of Public Works shall be authorized to determine the level of modification.
[Ord. No. 2018-93]
[Ord. No. 2005-78]
A.
Exceptions. The Construction Board of Appeals
may, in accordance with the following procedures, authorize exceptions
to any of the requirements and regulations set forth in this ordinance:
(1)
Application for any exception shall be
made by a verified petition of the applicant for a site development
permit, stating fully the grounds of the petition and the facts relied
upon by the applicant. Such petition shall be filed with the site
development permit application. In order for the petition to be granted,
it shall be necessary that the Construction Board of Appeals find
all of the following facts with respect to the land referred to in
the petition:
(a)
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 is impossible or impractical for
the applicant to comply with all of the requirements of this ordinance;
(b)
That the exception is necessary for
the preservation and enjoyment of a substantial property right of
the applicant; and
(c)
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.
(2)
Each application for an exception shall be referred to the Director of Public Works for review. A fee for appeals is required in accordance with Sec 121.1.1 of Chapter 10 of City Code. The Director of Public Works shall transmit its recommendations to the Construction Board of Appeals, which shall review such recommendations prior to granting or denying the exception.
(3)
The Construction Board of Appeals shall
hold a public hearing on each application for exception, within 30
days after receiving application, in the manner provided with respect
to appeals. After public hearing, the Construction Board of Appeals
may approve the site development permit application with the exceptions
and conditions it deems necessary or it may disapprove such site development
permit application and exception application or it may take such other
action as appropriate.
[Ord. No. 2018-93]
B.
Stop-work order; revocation of permit.
In the event any person holding an Erosion and Sediment Control permit
pursuant to this ordinance violates the terms of the permit, or carries
on site development in such a manner as to materially adversely affect
the health, welfare, or safety of persons residing or working in the
neighborhood of the development site or so as to be materially detrimental
to the public welfare or injurious to property or improvements in
the neighborhood, the Director of Public Works may suspend or revoke
the Erosion and Sediment Control permit and/or issue a stop-work order.
The stop-work order may also suspend all construction work on a site
until the violations are corrected. The stop-work order may be issued
in conjunction with other local, state or federal agencies as necessary.
(1)
The stop-work order issued by the Director
of Public Works must be in writing 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.
C.
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 ordinance. Each day during which any violation
of any of the provisions of this ordinance 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 not less than $250 for the first or second
offense or $500 for each subsequent offense. In addition to any other
penalty authorized by this section, any person, partnership, or corporation
convicted of violating any of the provisions of this ordinance 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.
[Ord. No. 2005-78]
D.
Separability. The provisions and sections
of this ordinance shall be deemed to be separable, and the invalidity
of any portion of this ordinance shall not affect the validity of
the remainder.
[Ord. No. 2005-78]
