[HISTORY: Adopted by the Board of Trustees of the Village
of Tilton as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Ch. 11.12 of the Village Code; amended in its
entirety 2-9-2006 by Ord. No. 2006-02-9B]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
At all construction sites within the corporate boundary of the
Village of Tilton, the contractor shall plan and execute construction
and earthwork in a manner to control surface drainage to prevent erosion
and sedimentation from cuts and fills and borrow and waste disposal
areas. The contractor shall also provide temporary control measures
such as berms, dikes and drains as necessary. The contractor shall
also provide temporary control measures to prevent silting or runoff
of silt or sediment to the maximum extent practicable from the site.
All construction and earthwork shall be in accordance with the latest
edition of the Illinois Environmental Protection Agency Standards
for Soil Erosion and Sediment Control. The contractor shall also provide
all means necessary to prevent erosion, loss of topsoil and grass
seed, etc. from all construction sites by implementing an erosion
and sediment control plan, per recommendations detailed in the Illinois
Urban Manual, Natural Resources Conservation Service (NRCS), and the
Illinois Environmental Protection Agency Standards for Soil Erosion
and Sediment Control. The erosion and sediment control plan shall
be reviewed with the engineer and the owner prior to the initiation
of construction.
[Adopted as Ch. 13.12 of the Village Code; amended in its
entirety 3-20-2014]
The purpose of this article is to control or eliminate soil
erosion and sedimentation within the Village of Tilton. It establishes
standards and specifications for conservation practices and planning
activities which minimize soil erosion and sedimentation.
This article controls land disturbances, soil storage and establishes
procedures for issuance, approval, administration and enforcement
of the requirements of the Village's NPDES Permit for Stormwater Discharges.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
For the purposes of this article, the following terms, phrases,
words and their derivatives shall have the meanings stated below:
Any person who submits an application to the Village for
a permit pursuant to this article.
A person duly registered or authorized to practice architecture
in the State of Illinois.
In-place solid rock.
Schedules of activities, prohibitions of practices, maintenance
procedures, techniques proven to be effective to prevent or reduce
the discharge of pollutants to the municipal separate storm sewer
system. BMPs also include treatment requirements, operating procedures
and practices to control plan site run-off, spillage or leaks, sludge
or waste disposal or drainage from raw material storage.
Earthen material acquired from an off-site location for use
in grading on a site.
A professional engineer registered in the State of Illinois
to practice in the field of civil works.
Cutting and removal of trees, shrubs, bushes, windfalls and
other vegetation, including removal of stumps, roots and other remains
in the designated areas. Typically, "clearing" refers to removal of
vegetation and disturbance of soil prior to grading or excavation
in anticipation of construction activities. "Clearing" may also refer
to wide-area land disturbance in anticipation of non-construction
activity.
The initial disturbance of soils associated with clearing,
grubbing, grading or excavation activities or other construction activity.
Any placement, assembly or installation of facilities or
equipment (including contractual obligations to purchase such facilities
or equipment) at the premises where such equipment will be used, including
preparation work at such premises.
Any act or process of wrecking or destroying a building or
structure.
A temporary or permanent natural or man-made structure that
provides for the temporary storage of stormwater runoff.
Any person, firm, corporation, sole proprietorship, partnership,
state agency or political subdivision engaged in a land disturbance
activity.
Any man-made change to improved or unimproved property, including,
but not limited to, construction of building or other structures,
clearing, dredging, drilling operations, filling, grading, paving,
excavation or storage of equipment or materials.
Wearing away of the ground surface as a result of the movement
of wind, water, ice, land disturbance activities and/or other agents,
whether naturally occurring or acting in conjunction with or promoted
by man-made activities or effects.
A written plan (including drawings or other graphic representations) that is designed to eliminate and/or reduce erosion and off-site sedimentation from a site during construction activities. Plan includes a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which pre-construction and construction-related land disturbance, fills and soils storage occur, and before final improvements are completed, all in accordance with the specific requirements set forth in § 134-11.
The Village official who is appointed by the Village Board
to inspect sites for erosion control compliance.
Mechanical removal of earth material.
A deposit of dirt, rock, natural material or man-made solids
placed by artificial means.
Plan which includes permanent measures and best management
practices to control surface runoff and control sediment if not included
in the erosion and sedimentation plan.
When all soil-disturbing activities at the site have been
completed, and perennial vegetation cover sufficient to prevent erosion
has been well established on all unpaved areas, or when equivalent
permanent stabilization measures have been employed.
The 100-year floodplain, which is that area adjoining a watercourse
which could be inundated by a flood that has a 1% chance of being
equaled or exceeded in any given year and is delineated on the most
recent revision of the Federal Emergency Management Agency Floodway
Maps for Tilton.
The vertical location of the ground surface.
EXISTING GRADEThe grade prior to grading.
ROUGH GRADEThe stage at which the grade approximately conforms to the approved plan.
FINISH GRADEThe final grade of the site which conforms to the approved plan.
Any excavation, filling (including hydraulic fill) or stockpiling
of earth materials or any combination thereof, including the land
in its excavated or filled condition.
The Illinois Department of Transportation.
The Illinois Environmental Protection Agency.
The Village of Tilton Village official and their duly authorized
designees.
Any land change that may result in soil erosion from wind,
water and/or ice and the movement of sediments into or upon waters,
lands or rights-of-way within the Village of Tilton, including but
not limited to building demolition, clearing and grubbing, grading,
excavating, transporting and filling of land. Land disturbance activity
does not include the following:
Minor land disturbance activities, including, but not limited
to, underground utility repairs, home gardens, minor repairs and maintenance
work which do not disturb more than 500 square feet of land.
Installation of fence, sign, telephone and electric poles and
other kinds of posts or poles.
Emergency work to protect life, limb or property and emergency
repairs. If the land-disturbing activity would have required an approved
erosion and sediment control plan except for the emergency, then the
land area disturbed shall be shaped and stabilized in accordance with
the requirements of this article.
A person duly registered or authorized to practice landscape
architecture in the State of Illinois.
A non-construction-related activity.
A compilation of technical standards and design specifications
adopted by the Village of Tilton as being proven methods of controlling
construction-related surface runoff, erosion and sedimentation. This
includes the Illinois Urban Manual, NRCS, Illinois Environmental Protection
Agency Standards for Soil Erosion and Sediment Control.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels or storm drains) that is:
Owned or operated by a state, city, town, borough, county, district,
association or other public body (created by or pursuant to state
law) having jurisdiction over disposal of sewage, industrial wastes,
stormwater or other wastes, including special districts under state
law such as a sewer district, flood control district or drainage district,
or similar entity, or a designated and approved management agency
that discharges waters of the state;
Designed or used for collecting or conveying stormwater;
Not a combined sewer; and
Not part of a publicly owned treatment works (POTW).
Any person with a legal or equitable interest in the land
for which an erosion control permit has been issued.
Any party associated with a construction project that meets
either of the following two criteria:
The party has operation control over construction plans and
specifications, including the ability to make modifications to those
plans and specifications (this will typically be the owner or developer);
or
The party has day-to-day operational control of those activities
at a project which are necessary to ensure compliance with a stormwater
pollution prevention plan for the site or other permit conditions;
e.g., the party is authorized to direct workers at a site to carry
out activities required by the SWPPP or comply with other permit conditions.
(This will typically include a general contractor and would also include
erosion control contractors.)
The applicant in whose name a valid permit is duly issued
pursuant to this article and his/her agents, employees and others
acting under his/her direction.
An erosion and sediment control plan or a small-lot erosion
and sediment control plan.
Rainfall, snowmelt or irrigation water flowing over the ground
surface.
Soils or other superficial materials transported by surface
water as a product of erosion.
The process or action of deposition of sediment that is determined
to have been caused by erosion.
The entire area of land on which the land disturbance activity
is proposed in the permit application.
A plan or set of plans showing the details of any land disturbance
activity of a site, including but not limited to the construction
of: structures, open and enclosed drainage facilities, stormwater
management facilities, parking lots, driveways, curbs, pavements,
sidewalks, bike paths, recreational facilities, ground covers, plantings
and landscaping.
The incline of a ground surface expressed as a ratio of horizontal
distance to vertical distance.
Naturally occurring superficial deposits overlying bedrock.
The application of the principles of soils mechanics in the
investigation, evaluation and design of civil works involving the
use of earth materials and the inspection and/or testing of the construction
thereof.
Any activity which removes or significantly disturbs the
vegetative surface cover, including clearing, grubbing of stumps and
root mat and topsoil removal.
Anything manufactured, constructed or erected which is normally
attached to or positioned on land, including buildings, portable structures,
earthen structures, roads, parking lots and paved storage areas.
A person duly registered or authorized to practice land surveying
in the State of Illinois.
The upper layer of soil.
The owner/operator of any underground facility, including
an underground line, facility, system and its appurtenances used to
produce, store, convey, transmit or distribute communications, data,
electricity, power, heat, gas, oil, petroleum products, water, including
stormwater, steam, sewage and other similar substances.
A professional engineer registered in the State of Illinois
to practice in the field of civil works and designated by Village
authorities to act on its behalf.
Any natural or improved stream, river, creek, ditch, channel,
canal, conduit, gutter, culvert, drain, gully, swale or wash in which
waters flow either continuously or intermittently.
A lowland area, such as a marsh, that is saturated with moisture,
as defined in Section 404 of the Federal Water Pollution Control Act
Amendments of 1987.
Neither this article nor any administrative decision made under
it exempts the permittee or any other person from procuring other
required permits or complying with the requirements and conditions
of such a permit, or limits the right of any person to maintain, at
any time, any appropriate action, at law or in equity, for relief
or damages against the permittee or any other person arising from
the activity regulated by this article.
The following activities are exempt from obtaining a permit
and from following the procedures required in this article:
A.
Cemetery graves.
B.
Emergencies posing an immediate danger to life or property, or substantial
flood or fire hazards.
C.
Any activity where the total volume of material disturbed, stored,
disposed of or used as fill does not exceed five cubic yards or the
area disturbed does not exceed 500 square feet, provided it does not
obstruct a watercourse and is not located in a floodplain.
A.
All land-disturbing or land-filling activities or soil storage, whether
pursuant to this article or otherwise, shall be undertaken in a manner
designed to minimize surface runoff, erosion and sedimentation. Whenever
the issuing authority determines that any land-disturbing activity
on any private property has become a hazard to life and limb, or endangers
the property of another or adversely affects the safety, use, slope
or soil stability of a public way, publicly controlled wetland or
watercourse, then the owner of the property upon which the land-disturbing
activity is located, or other person or agent in control of said property,
upon receipt of notice in writing from the issuing authority, shall
within the period specified therein repair or eliminate such conditions.
B.
Exempt activities under § 134-6 or the activities excluded under the definition of land disturbance activities under § 134-4 are also subject to the provisions of this section. If the Village incurs costs to enforce the provisions of the section because of any activity listed in § 134-6, reimbursement of Village costs associated with the correction work completed by the Village must occur prior to the issuance of a letter certifying completion, when required under § 134-33.
A construction project shall be considered in conformance with
this article if soils have been prevented from being deposited onto
adjacent properties, rights-of-way, public storm drainage systems,
or a wetland or watercourse. The design, testing, installation and
maintenance of erosion and sediment control operations and facilities
shall adhere to the standards and specifications contained in the
Manual of Standards/Erosion Control Standard, which shall be hereby
incorporated into this article. In the event of conflict between provisions
of said manual and of this article, this article shall govern. A copy
of the Manual of Standards and amendments shall be filed with the
Village official.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A written application from the owner of the site, or his/her authorized representative, in the form prescribed by § 134-11, shall be required for each permit. The fees for said permit shall be set from time to time by the Board of Trustees. Plans and specifications shall be prepared or approved and signed by a civil engineer or landscape architect. The Village Engineer may waive the preparation or approval and signature by the civil engineer or landscape architect when it is self-evident that the work is simple, clearly shown and entails no hazard or nuisance potential to adjacent property or watercourses, and does not include the placement of fill upon which a structure may be erected.
The following information is required on the application:
A.
Name, address and telephone number of owner.
B.
Name, address and telephone number of applicant, if different than
owner.
C.
Names, addresses and telephone numbers of any and all contractors,
subcontractors or persons actually doing the land-disturbing or land-filling
activities and their respective tasks.
D.
Name(s), address(es) and telephone number(s) of the person(s) responsible
for the preparation of the site map and grading plan.
E.
Name(s), address(es) and telephone number(s) of the person(s) responsible
for the preparation of the erosion and sediment control plan.
F.
Name(s), address(es) and telephone number(s) of the registered engineer(s)
responsible for the preparation of the soils engineering and engineering
geology reports, where required.
G.
Address of site.
H.
Date of application.
I.
Signature(s) of the owner(s) of the site or an authorized representative.
Land disturbance activities which are in excess of one acre
area of earth moved require an erosion and sedimentation control plan
approved by the Village official. These plans shall be drawn to an
appropriate scale and shall include sufficient information to evaluate
the environmental characteristics of the affected areas, the potential
impacts of the proposed grading on water resources and measures proposed
to minimize soil erosion and off-site sedimentation. The owner/developer
shall perform all clearing, grading, drainage, construction and development
in strict accordance with the approved plan. In addition, the following
information shall be included in any plan:
A.
A letter of transmittal, which includes a project narrative.
B.
An attached vicinity map showing the location of the site in relationship
to the surrounding area's watercourses, water bodies and other significant
geographic features, and roads and other significant structures.
C.
An indication of the scale used.
D.
The name, address and telephone number of the owner and/or developer
of the property where the land-disturbing activity is proposed.
E.
Suitable contours for the existing and proposed topography.
F.
The proposed grading or land disturbance activity, including the
surface area involved, excess spoil material, use of borrow material
and specific limits of disturbance.
G.
A clear and definite delineation of any areas of vegetation or trees
to be saved.
H.
A clear and definite delineation of any wetlands, natural or artificial
water storage detention areas and drainage ditches on the site.
I.
A clear and definite delineation of any 100-year floodplain on or
near the site.
J.
Storm drainage system, including quantities of flow and site conditions
around all points of surface water discharge from the site.
K.
Erosion and sediment control provisions to minimize on-site erosion
and prevent off-site sedimentation, including provisions to preserve
topsoil and limit disturbance.
L.
Design details for both temporary and permanent erosion control structures.
M.
Details of temporary and permanent stabilization measures, including
a construction note on the plan stating: "Following initial soil disturbance
or redisturbance, permanent or temporary stabilization shall be completed
within seven calendar days on all perimeter dikes, swales, ditches,
perimeter slopes and all slopes greater than three horizontal and
one vertical (3:1); embankments of ponds, basins and traps; and within
14 days on all other disturbed or graded areas. The requirements of
this section do not apply to those areas which are shown on the plan
and are currently being used for material storage or for those areas
on which actual construction activities are currently being performed."
N.
A chronological construction schedule and time frame, including,
as a minimum, the following activities:
(1)
Clearing and grubbing for those areas necessary for installation
of perimeter erosion control devices.
(2)
Construction of perimeter erosion control devices.
(3)
Remaining interior site clearing and grubbing.
(4)
Installation of permanent and temporary stabilization measures.
(5)
Road grading.
(6)
Grading for the remainder of the site.
(7)
Utility installation and whether storm drains will be used or blocked
after construction.
(8)
Building, parking lot and site construction.
(9)
Final grading, landscaping or stabilization.
(10)
Implementation and maintenance of final erosion control structures.
(11)
Removal of temporary erosion control devices.
O.
A statement noting that the contractor, developer and owner shall request the erosion control inspector to inspect and approve work completed in accordance with the approved erosion and sediment control plan, and in accordance with this article. The contractor, developer or owner shall be required to obtain written approval by the inspector at the stages of development as outlined in § 134-25A, B and C.
P.
A signed statement on the plan by the owner, developer and contractor
that any clearing, grading, construction or development, or all of
these, will be done pursuant to the plan.
Q.
The Village official may require any additional information or data
deemed appropriate and/or may impose such conditions thereto as may
be deemed necessary to ensure compliance with the provisions of this
article, the Manual of Standards or the preservation of public health
and safety.
R.
A description of, and specifications for, sediment retention structures.
S.
A description of, and specifications for, surface runoff and erosion
control devices.
T.
A description of vegetative measures.
U.
The applicant may propose the use of any erosion and sediment control
techniques in a final plan, provided such techniques are proven to
be as effective as or more effective than the equivalent best management
practices as contained in the Manual of Standards.
V.
Proposed conditions of the site on the 15th of each month between
and including the months of April through October.
A soils engineering report, when required by the Village Engineer,
based upon his/her determination that the condition of the soils is
unknown or unclear so that additional information is required to protect
against erosion or other hazard, shall be based on adequate and necessary
test borings and shall contain all the information listed below. Recommendations
included in the report and approved by the Village Engineer shall
be incorporated in the grading plans and/or specifications.
A.
Data regarding the nature, distribution, strength and erodibility
of existing soils.
B.
If applicable, data regarding the nature, distribution, strength
and erodibility of soil to be placed on the site.
C.
Conclusions and recommendations for grading procedures.
D.
Conclusions and recommended designs for interim soil stabilization
devices and measures, and for permanent soil stabilization after construction
is completed.
E.
Design criteria for corrective measures when necessary.
F.
Opinions and recommendations covering the stability of the site.
When deemed necessary by the Village Engineer, based upon his/her
determination that the condition of the soils is unknown or unclear
so that additional information is required to protect against erosion
or other hazard, an engineering geology report shall be provided based
on adequate and necessary test boring, giving an adequate description
of the geology of the site with conclusions and recommendations regarding
the effect of geologic conditions on the proposed development, and
giving opinions and recommendations covering the adequacy of sites
to be developed by the proposed land-disturbing activity. Recommendations
included in the report and approved by the Village Engineer shall
be incorporated in the grading plans and/or specifications.
When not submitted as part of a plan the applicant shall submit
to the Village Engineer a master work schedule showing the following
information:
A.
Proposed grading schedule.
B.
Proposed schedule for installation of all erosion and sediment control
measures, including, but not limited to, the stage of completion of
erosion and sediment control devices and vegetative measures.
C.
Schedule for construction of final improvements, if any.
D.
Schedule for installation of permanent erosion and sediment control
devices where required.
Except as otherwise provided in this article, no person may
grade, fill, excavate, store, stockpile or dispose of earth materials
or perform any other land-disturbing or land-filling activity without
first obtaining an erosion and sediment control permit from the Village
official. Annual maintenance permits are available for maintenance
projects greater than one acre area.
Permits issued under this article shall be valid for the period
during which the proposed land-disturbing or -filling activities and
soil storage takes place or is scheduled to take place, whichever
is shorter, but in no event shall such a permit be valid for more
than one year. The permittee shall commence permitted activities within
180 days of the scheduled commencement date for grading or the permittee
shall resubmit all required application forms, maps, plans and schedules
to the issuing authority, except where an item to be resubmitted is
waived by the issuing authority.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The permittee shall fully perform and complete all of the work
required in the sequence shown on the plans within the time limit
specified in the permit. Prior to the expiration of an erosion and
sediment control permit, the permittee may present a written request
for an extension to the Village official. If, in the opinion of the
issuing authority, an extension is warranted, a one-time no-fee extension,
not to exceed 90 days, may be granted. The issuing authority may authorize
additional extensions not to exceed a total of one year at the rate
set from time to time by the Board of Trustees.
If the issuing authority determines that the erosion and sediment
control plan does not meet the requirements of this article, he/she
shall not issue a permit for the land-disturbing activity. The erosion
and sediment control plan must be resubmitted for approval before
the land disturbance activity begins. All land use and building permits
must be suspended until the permittee has an approved erosion and
sediment control plan.
In granting any permit pursuant to this article, the issuing
authority many impose such conditions as may be reasonably necessary
to prevent creation of a nuisance or unreasonable hazard to persons
or to a public or private property. Such conditions shall include
(even if not specifically written in the permit), but need not be
limited to:
A.
The granting (or securing from others) and the recording in county
land records of easements for drainage facilities, including the acceptance
of their discharge on the property of others, and for the maintenance
of slopes or erosion control facilities.
B.
Adequate control of dust by watering, or other control methods acceptable
to the issuing authority, and in conformance with applicable air pollution
ordinances.
C.
Improvements of any existing grading, ground surface or drainage
condition on the site (not to exceed the area as proposed for work
or development in the application) to meet the standards required
under this article for new grading, drainage and erosion control.
D.
Sediment traps and basins located within a densely populated area
or in the proximity of an elementary school, playground or other area
where small children may congregate without adult supervision may
be requested to install additional safety-related devices.
The permittee is responsible for safely and legally completing
the project. Neither the issuance of a permit under the provisions
of this article nor the compliance with the provisions hereof or with
any condition imposed by the issuing authority shall relieve any person
from responsibility for damage to persons or property resulting therefrom,
or as otherwise imposed by law, nor impose any liability upon the
Village for damages to persons or property.
The permittee shall maintain a copy of the permit, approved
plans and reports required under the permit on the work site and available
for public inspection during all working hours. The permittee shall,
at all times, be in conformity with the approved grading plan, erosion
and sediment control plans and also conform to the following:
A.
General. Notwithstanding other conditions or provisions of the permit,
or the minimum standards set forth in this article, the permittee
is responsible for the prevention of damage to adjacent property.
No person shall grade on land in any manner or so close to the property
line as to endanger or damage any adjoining public street, sidewalk,
alley or any other public or private property without supporting and
protecting such property from settling, cracking, erosion, sedimentation
or other damage or personal injury which might result.
B.
Public ways. The permittee shall be responsible for the prompt removal
of and the correction of damages resulting from any soil, miscellaneous
debris or other materials washed, spilled, tracked, dumped or otherwise
deposited on public streets, highways, sidewalks or other public thoroughfares,
incident to the construction activity, or during transit to and from
the construction site.
The issuance of an erosion and sediment control permit shall
constitute an authorization to do only that work described in the
permit, or shown on the approved site plans and specifications, all
in strict compliance with the requirements of this article, unless
each and every modification or waiver is specifically listed and given
specific approval by the issuing authority.
The permittee, his/her agent, contractors and employees shall carry out the proposed work in accordance with the approved plans and specifications, and in compliance with all the requirements of the permit, including those documents referenced in § 134-8.
A.
In the event work does not conform to the permit or to the plans
and specifications or to any instructions of the issuing authority,
notice to comply shall be given to the permittee in writing. After
a notice to comply is given, in the determination of the issuing authority,
the permittee or his/her contractor shall be required to make the
corrections within the time period determined by the issuing authority.
If an imminent hazard exists, the issuing authority may require that
the corrective work begin immediately.
B.
If the issuing authority finds any existing conditions not as stated
in the application or approved plans, he/she may stop the work on
the entire project or any specified part thereof until a revised plan
is submitted conforming to the currently existing conditions.
C.
Failure of the permittee to comply with the directives of this section will constitute a violation pursuant to § 134-30, and will be considered a nuisance pursuant to the laws of Illinois, and the issuing authority may cancel the permit and proceed with the necessary restoration of the site at the expense of the owner. The owner will be billed for the expenses incurred by the issuing authority. Failure to pay will result in the issuing authority seeking recovery of costs and damages pursuant to the conditions set forth in § 134-30.
All changes or modifications to the approved erosion and sediment
control plans must adhere to the following conditions:
A.
All proposals to modify the approved plans must be submitted to the
Village official/Village Engineer for his/her approval. No grading
or any type of work in connection with any proposed modification shall
be without prior written approval of the issuing authority.
B.
When inspection of a site indicates that the approved erosion and
sediment control plan needs change, the change shall be in compliance
with the erosion and sediment control criteria contained in the Manual
of Standards. The Erosion Control Inspector may approve minor modifications
to approved erosion and sediment control plans in the field if documented
on a field inspection report. The modification shall be noted on the
approved plan, signed by the Inspector, and dated. A list of allowable
field modifications for use by field inspection personnel will be
kept in the Manual of Standards.
C.
The permittee shall submit requests for major revisions to approved
erosion and sediment control plans, such as the addition or deletion
of a sediment basin, to the Village Engineer. This includes revisions
due to plan and site discrepancies and inadequacies at controlling
erosion and sediment as revealed through inspection.
The contractor and/or their agents shall conduct a pre-construction
meeting on-site with the issuing authority on each site which has
an approved erosion and sediment control plan. After commencing initial
grading or land-disturbing activities, the permittee shall obtain
written inspection approvals (see attached inspection checklist[1]) by the issuing authority at the following stages in the
development of the site, or of each subdivision thereof:
A.
Upon completion of installation of perimeter erosion and sediment
controls, prior to proceeding with any other land disturbances or
grading. Other building or grading inspection approvals may not be
authorized until initial approval by the Erosion Control Inspector
is made.
B.
Upon completion of stripping, the stockpiling of topsoil, the construction
of temporary erosion and sediment control facilities, disposal of
all waste material and preparation of the ground and completion of
rough grading, but prior to placing topsoil, permanent drainage or
other site development improvements and ground covers.
C.
Upon completion of final grading, permanent drainage and erosion
control facilities, including established ground covers and planting,
and all other work of the permit. The issuing authority may require
additional inspections as may be deemed necessary. Work shall not
proceed beyond the stages outlined above until the Erosion Control
Inspector inspects the site and approves the work previously completed.
Requests for inspections shall be made at least 24 hours in advance
(exclusive of Saturdays, Sundays and holidays) of the time the inspection
is desired. Upon request for inspections, the issuing authority shall
perform the inspection within 48 hours of request. In making application
for a permit covered by this article, the applicant or the landowner
performing or allowing such work consents to the issuing authority
having the right to enter the site for the purpose of inspecting compliance
with the erosion and sediment control plan or for performing any work
necessary to bring the site into compliance with the erosion and sediment
control plan. This does not include consent to enter but does include
consent to inspect any area of the property where land-disturbing
activity is occurring or is thought to be planned as a site of land-disturbing
activity.
[1]
Editor's Note: The checklist is included as an attachment to this chapter.
The permittee shall submit written reports to the issuing authority
under the following circumstances, along with recommendations for
corrective measures, if deemed necessary and appropriate, with such
reports unless the recommendation requirement is waived by the issuing
authority:
A.
There are delays in obtaining materials, machinery, services or manpower
necessary to the implementation of the grading or erosion and sediment
control plan as scheduled.
B.
There are delays in land-disturbing or -filling activities or soil
storage.
C.
The work is not being done in conformance with the approved grading
or erosion and sediment control plans.
D.
There are any departures from the approved grading plan which may
affect implementation of the erosion and sediment control plans as
scheduled.
E.
There are any delays in the implementation of erosion and sediment
control plans.
F.
There are any other departures from implementation of the erosion
and sediment control plans.
On any property on which grading or other work has been done
pursuant to a permit granted under the provisions of this article,
the permittee or owner, their agent, contractor and employees shall,
at a minimum, daily inspect, maintain and repair all graded surfaces
and erosion control facilities, drainage structures or means and other
protective devices, plantings and ground cover installed while construction
is active. After construction is complete, the owner or their agent
shall continue to regularly inspect the vegetation until adequate
turf establishment or other suitable vegetative cover is established.
The issuing authority may require the posting of a surety bond
in a form approved by the Village Attorney when, in the judgment of
the issuing authority, the project provides potential for environmental
damage. The bond shall be in such form and amount as is necessary
to assure that the work, if not completed in accordance with the approved
plans and specifications, will be corrected. In lieu of a surety bond,
with the approval of the issuing authority, the applicant may file
a cash bond or instrument of credit that has been approved by the
Village Attorney in an amount equal to that which would be required
in the surety bond.
The issuing authority shall be responsible for the enforcement
of this article.
A.
The issuing authority may post a stop-work order for the entire project
or any specified part thereof if any of the following conditions exist:
B.
For the purposes of this section, a stop-work order is validly posted
by posting a copy of the stop-work order on the site of the land-disturbing
activity in reasonable proximity to a location where the land-disturbing
activity is taking place. Additionally, a copy of the order, in the
case of work for which there is a permit, shall be mailed by first
class mail, postage pre-paid, to the address listed by the permittee
on the permit. In the case of work for which there is no permit, a
copy of the order shall be mailed to the person listed as owner of
the property by the Village official on the homestead record, or if
none, to the taxpayer shown by the records of the Village official.
C.
If the permittee does not cease the activity or comply with the erosion
and sediment control plan or permit conditions within one day, the
issuing authority may revoke the permit.
D.
If the owner or land user where no permit has been issued does not
cease the land disturbance activity, the issuing authority may request
the Village Attorney to obtain injunctive relief.
E.
The issuing authority may retract the revocation.
F.
Ten days after posting a stop-work order, the issuing authority may issue a notice of intent to the permittee, owner or land user of the issuing authority's intent to perform work necessary to comply with this article. The issuing authority may go on the land and commence work after 14 days from issuing the notice of intent. The costs incurred by the issuing authority to perform this work shall be paid by the owner or permittee out of the bond referred to in § 134-29 of this article, to the extent that the amount is covered thereby, with the remainder being directly due and owing by the owner or permittee. In the event no permit was issued or no bond was posted, the cost, plus interest at the rated authorized by the issuing authority, plus a reasonable administrative fee shall be billed to the owner. If in any event the amount due is not paid, the Village Clerk shall enter the amount due on the tax roll and collect as a special assessment against the property using procedures for collecting the assessment, providing for the notice of assessment, hearing thereon and appeal as provided by the Illinois Compiled Statutes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
Compliance with the provisions of this article may also be enforced
by injunction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm, corporation or agency acting as principal,
agent, employee or otherwise, who or which fails to comply with the
provisions of this article shall be guilty of a misdemeanor and upon
conviction thereof shall be punishable by a fine of not less than
$100 and not more than $750, or by imprisonment for not more than
one year, or both, for each separate offense. Each day there is a
violation of any part of this article shall constitute a separate
offense.
Upon completion of the work, the issuing authority may require
a report (including as-built construction plans) from a civil engineer,
surveyor, architect or landscape architect certifying that all erosion
and sediment control devices have been completed in accordance with
the conditions of the permit and approved plans and specifications,
and with specific listing of all approved changes and modifications.
Upon receipt and approval of the final reports, if required by § 134-32, and/or upon otherwise determining that all work of the permit has been satisfactorily completed in conformance with this article, the issuing authority will issue a letter certifying completion.
