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HomeMy WebLinkAboutOrdinances - MC-08-950 - 01/21/2008 - REPEALS AND RECODIFY MC CH 28 TO 18.50 SOIL EROSIOOrdinance No. MC- 08-950 An Ordinance providing for updates to Chapter 28 of the City of McHenry Municipal Code. BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois as follows: SECTION 1: That Chapter 28 Soil Erosion and Sedimentation Control of the City of McHenry Municipal Code is hereby repealed and replaced with the following: MUNICIPAL CODE CHAPTER 18.50 MC-93-601— 9/20/93 SOIL EROSION AND SEDIMENTATION CONTROL Sec. 18.50-1. 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 City for the construction, erection or alteration of a structure or building. CERTIFY or CERTIFICATION means formally attesting that the specific inspections and tests where required have been performed, and that such tests comply with the applicable requirements of this Chapter. CLEARING means any activity which removes vegetative ground cover. CUBIC YARDS means the amount of material in excavation and/or fill measured by the method of "average end areas." DIRECTOR OF PUBLIC WORKS means the officer of the City holding such title. EXCAVATION means any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, 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 material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man to a new location and shall include the conditions resulting therefrom. FINAL GRADE means the vertical location of the ground or pavement surface after the work is completed in accordance with the site development plan. GRADING means excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill. NATURAL DRAINAGE means channels formed in the existing surface topography of the earth prior to changes made by unnatural causes. PARCEL means all contiguous land in one ownership. PERMITTEE means any person to whom a site development permit is issued. PERSON means any individual, firm or corporation, public or private, the State of Illinois and its agencies or political subdivisions, and 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, and hauling away and/or disposal of all vegetative materials. 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 and constructing improvements. SITE DEVELOPMENT PERMIT means a permit issued by the City for the construction or alteration of ground improvements and structures for the control of erosion, runoff and grading. STREAM means any river, creek, brook, branch, flowage, ravine, or natural or man-made drainageway which has a definite bed and banks or shoreline, in or into which surface or groundwater flows, either perennially or intermittently. STRIPPING means any activity which removes the vegetative surface cover including tree removal, clearing, and storage or removal of top soil. VACANT means land on which there are no structures or only structures which are secondary to the use or maintenance of the land itself. WETLAND means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Sec. 18.50-2. General principles. It is the objective of this Chapter to control soil erosion and sedimentation caused by development activities including clearing, grading, stripping, excavating, and filling of land in the City. Measures taken to control soil erosion and offsite sediment runoff should be adequate to assure that sediment is not transported from the site by a storm event of ten-year frequency or less. The following principles shall apply to all development activities within the City and to the preparation of the submissions required under this Chapter. 1. Development should 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. 2. 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, when permitted, must include appropriate stabilization measures. 3. Special precautions should be taken to prevent damages resultant from any necessary development activity within or adjacent to any stream, lake, pond or wetland. Preventive measures should reflect the sensitivity of the areas to erosion and sedimentation. 4. The smallest practical area of land should be exposed for the shortest practical time during development. 5. Sediment basins or traps, filter barriers, diversions, and any other appropriate sediment or runoff control measures should be installed prior to site clearing and grading and maintained to remove sediment from run-off waters from land undergoing development. 6. The selection of erosion and sedimentation control measures should 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. 7. In the design of erosion control facilities and practices, aesthetics and the requirements of continuing maintenance should be considered. 8. Provision should be made to accommodate the increased run-off caused by changed soil and surface conditions during and after development. Drainage ways should be designed so that their final gradients and the resultant velocities of discharges will not create additional erosion. 9. Permanent vegetation and structures should be installed and functional as soon as practical during development. 10. Those areas being converted from agricultural purposes to other land uses should be vegetated with an appropriate protective cover prior to development. 11. All waste generated as a result of site development activity should be properly disposed of and should be prevented from being carried off the site by either wind or water. 12. All construction sites should provide measures to prevent sediment from being tracked onto roadways. Sec. 18.50-3. Site development permit required. Except as otherwise provided in this Chapter, no person shall commence or perform any clearing, grading, stripping, excavating, or filling of land which meets the following provisions without having first obtained a site development permit from the Director of Public Works of the City.. Any land disturbing activity that will affect an area in excess of 5,000 square feet; or 2. Any land disturbing activity that will affect an area in excess of 500 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. Sec. 18.50-4. Exceptions to permit requirement. Although prior written notification of any site work shall be given to the Director of Public Works by any person performing site work, a permit shall not be required for any of the following: Development of a site of one acre or less for residential use, or of one acre or less for commercial or industrial use; 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 this Chapter; 2. Excavation below final grade for the foundation of a single family residence and appurtenant structures on a site one acre or less for which a building permit has been issued by the City; 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 this Chapter; Agricultural use of land; 4. Installation, renovation, or replacement of a septic system to serve an existing dwelling or structure. Sec. 18.50-5. Application for permit. Application for a site development permit shall be made by the owner of the property or his authorized agent to the Director of Community Development 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 of $37.50. 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. Sec. 18.50-6. Accompanying application for permit. Each application for a site development permit shall be accompanied by the following information: 1. A Certificate of Insurance in the amount of $1,000,000 General Liability naming the City of McHenry as additionally insured. 2. A vicinity map in sufficient detail to enable easy location in the field of the site for which the permit is sought, and including the boundary line and approximate acreage of the site, existing zoning, and a legend and scale. A development plan with a maximum size of 24" by 36" of the site showing: a. Existing topography of the site and adjacent land within approximately 100 feet of the boundaries, drawn at no greater than two -foot contour intervals and clearly portraying the conformation and drainage pattern of the area. b. The location of existing buildings, structures, utilities, streams, lakes, flood plains, wetlands and depressions, drainage facilities, vegetative cover, paved areas, and other significant natural or man --made features on the site and adjacent land within 100 feet of the boundary. c. A general description of the predominant soil types on the site, their location, and their limitations for the proposed use. d. Proposed use of the site, including present development and planned utilization; areas of clearing, stripping, excavation, grading, and filling; proposed contours, finished grades including conveniently accessible bench marks on the site, and street profiles; provisions for storm drainage, including storm sewers, swales, detention basins and any other measures to control the rate of runoff, with a drainage area map indicating flow direction and computations; kinds and locations of utilities; and areas and acreages proposed to be paved, covered, sodded or seeded, vegetatively stabilized, or left undisturbed. 4. An erosion and sedimentation control plan showing all measures necessary to meet the objectives of this Chapter throughout all phases of construction and permanently after completion of development of the site, including: a. Location and description, including standard details, of all sediment control measures and design specifics of sediment basins and traps, including outlet details. b. Location and description of all soil stabilization and erosion control measures, including seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures and types of non -vegetative stabilization measures. c. Location and description of all runoff control measures, including diversions and outlets. d. Location and description of methods to prevent sediment off site, including construction entrance details. e. Description of dust and traffic control measures. f. Location of stockpiles and description of stabilization methods. g. Description of off -site fill or borrow volumes, locations, and methods of stabilization h. Provisions for maintenance of control measures, including type and frequency of maintenance, including easements, and estimates of the cost of maintenance i. Identification (name, address, and telephone) of the person(s) or entity which will have legal responsibility for maintenance of erosion control structures and measures during development and after development is completed. The proposed phasing of development of the site, including stripping and clearing, rough grading and construction, and final grading and landscaping. Phasing should identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and the sequence of clearing, installation of temporary soil stabilization measures, clearing and grading, installation of storm drainage, final grading, and the establishment of permanent vegetative cover and removal of temporary measures. The applicant shall notify the City of site development schedule changes after plan approval. These submissions shall be prepared in accordance with the standards and requirements of this ordinance and the standards and requirements contained in "Illinois Procedures and Standards for Urban Soil Erosion and Sedimentation Control" prepared by the Northeastern Illinois Erosion and Sedimentation Control Steering Committee and adopted by the McHenry County Soil and Water Conservation District, and Standards and Specifications for Soil Erosion and Sediment Control published by the Illinois Environmental Protection Agency which standards and requirements are on file in the Office of the City Engineer and hereby incorporated into this Chapter by reference. The Director of Community Development may waive specific requirements for the content of submissions upon finding that the information submitted is sufficient to show that the work will comply with the objectives and principles of this Chapter. Sec. 18.50-7. Bonds The applicant shall file with the City a faithful performance bond or bonds, letter of credit, or other improvement security in a form satisfactory to the City Attorney and in an amount deemed sufficient by the City Engineer to cover all costs of improvements, landscaping, and maintenance of improvements, and landscaping and soil erosion and sediment control measures for a period of one year after the installation thereof or for such other period that the City Engineer may determine and specify, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site. See. 18.50-8. Review and approval. Each application for a site development permit shall be reviewed and acted upon according to the following procedures: (1) The Director of Community Development will review each application for a site development permit to determine its conformance with the provisions of this Chapter. The Director of Community Development may also refer any application to the City Engineer, the McHenry 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 sixty 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 Chapter, and issue the permit; or (b) approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this Chapter, and issue the permit subject to these conditions; or (c) disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission. (2) No site development 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 where applicable, or (b) Such permit is accompanied by or combined with a valid building permit issued by the City, or (c) The proposed earth moving is coordinated with an overall development program previously approved by the City for the area in which the site is situated, and (d) All relevant federal and state permits have been received for the portion of the site subject to soil disturbance. See. 18.50-9. 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 Community Development to the City Council. Such appeals shall be filed with the City Clerk in writing within ten days after the applicant has received the decision of the Director and the appeal shall specify the decision from which the appeal is taken and the basis and reasons for the appeal. Factors to be considered on appeal shall include, but need not be limited to: (1) the effects of the proposed development activities on the surface water flow to tributary and downstream lands and any comprehensive watershed management plans; (2) the use of any retention facilities; possible saturation of fill and unsupported cuts by water, both natural and domestic; (3) runoff surface waters that produce erosion and silting of drainageways; (4) 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; (5) excessive and unnecessary scarring of the natural landscape through grading or removal of vegetation. Sec. 18.50-10. Operation standards and requirements. All clearing, grading, stripping, excavating, and filling which is subject to the permit requirements of this Chapter, shall be subject to the applicable standards and requirements set forth herein. Sec. 18.50-11. Permittee's responsibility; City immunity. The permittee is not relieved of responsibility for damage to persons or property otherwise imposed by law, and the City, its officers, agents, servants and employees shall not be liable for such damage, by: (1) the issuance of a permit under this Chapter; (2) compliance or non-compliance with the provisions of that permit or with conditions attached to it by the Director of Community Development; (3) failure to observe or recognize hazardous or unsightly conditions; (4) failure to recommend denial of or to deny a permit; or (5) exemptions from the permit requirements of this Chapter. Sec. 18.50-12. Site Design Requirements. A. On -site sediment control measures, as specified by the following criteria, shall be constructed and functional prior to initiating clearing, grading, stripping, excavating or fill activities on the site. 1. For disturbed areas draining less than 1 acre, filter barriers (including filter fences, straw bales, or equivalent control measures) shall be constructed to control all offsite runoff as specified in the referenced handbooks. Vegetated filter strips, with a minimum width of 25 feet, may be used as an alternative only where runoff in sheet flow is expected. 2. For disturbed areas draining more than 1 but less than 5 acres, a sediment trap or equivalent control measure shall be constructed at the downslope point of the disturbed area. For disturbed areas draining more than 5 acres, a sediment basin or equivalent control measure shall be constructed at the downslope point of the disturbed area. 4. Sediment basin and sediment trap designs shall provide for both detention storage and sediment storage and shall be composed of equal volumes of "wet" detention storage and "dry" detention storage and each shall be sized for the 2-year, 24-hour runoff from the site under maximum runoff conditions during construction. The release rate of the basin shall be that rate required to achieve minimum detention times of at least 10 hours. The elevation of the outlet structure shall be placed such that it only drains the dry detention storage. 5. The sediment storage shall be sized to store the estimated sediment load generated from the site over the duration of the construction period with a minimum storage equivalent to the volume of sediment generated in one year. For construction periods exceeding 1 year, the 1-year sediment load and a sediment removal schedule may be substituted. B. Stormwater conveyance channels, including ditches, swales, and diversions, and the outlets of all channels and pipes shall be designed and constructed to withstand the expected flow velocity from the 10-year frequency storm without erosion. All constructed or modified channels shall be stabilized within 48 hours, consistent with the following standards: For grades up to 4 percent, seeding in combination with mulch, erosion blanket, or an equivalent control measure shall be applied. Sod or erosion blanket or mat shall be applied to the bottom of the channel. 2. For grades of 4 to 8 percent, permanent ditch checks and sod or an equivalent control measure shall be applied in the channel. 3. For grades greater than 8 percent, rock, riprap, or an equivalent control measure shall be applied, or the grade shall be effectively reduced using drop structures. C. Disturbed areas shall be stabilized with temporary or permanent measures within 7 calendar days following the end of active disturbance, or re -disturbance, consistent with the following criteria: Appropriate temporary or permanent stabilization measures shall include seeding, mulching, sodding, and/or non -vegetative measures. 2. Areas having slopes greater than 12 percent shall be stabilized with sod, mat or blanket in combination with seeding, or equivalent. D. Land disturbance activities in stream channels shall be avoided, where possible. If disturbance activities are unavoidable, the following requirements shall be met 1. Construction vehicles shall be kept out of the stream channel to the maximum extent practicable. Where construction crossings are necessary, temporary crossings shall be constructed of non -erosive material, such as riprap or gravel. 2. The time and area of disturbance of stream channels shall be kept to a minimum. The stream channel, including bed and banks, shall be re -stabilized within 48 hours after channel disturbance is completed, interrupted, or stopped. 3. Whenever channel relocation is necessary, the new channel shall be constructed and fully stabilized before flow is diverted. E. Storm sewer inlets and culverts shall be protected by sediment traps or filter barriers meeting accepted design standards and specifications. F. Soil storage piles containing more than 10 cubic yards of material shall not be located with a downslope drainage length of less than 25 feet to a roadway or drainage channel. Filter barriers, including straw bales, filter fence, or equivalent, shall be installed immediately on the downslope side of the piles. G. If dewatering devices are used, discharge locations shall be protected from erosion. All pumped discharges shall be routed through appropriately designed sediment traps or basins, or equivalent. H. Each site shall have a graveled (or equivalent) entrance road, access drive, and parking area of sufficient length and width to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by shoveling or street cleaning (not flushing) before the end of each workday and transported to a controlled sediment disposal area. I. All temporary and permanent erosion and sediment control practices must be maintained and repaired as needed to assure effective performance of their intended function. All temporary erosion and sediment control measures shall be disposed of within 30 days after final site stabilization is achieved with permanent soil stabilization measures. Trapped sediment and other disturbed soils resulting from the disposition of temporary measures should be permanently stabilized to prevent further erosion and sedimentation. Sec. 18.50-13. Handbooks adopted by reference. The standards and specifications contained in "Standards and Specifications for Soil Erosion and Sedimentation Control" and "Illinois Procedures and Standards for Urban Soil Erosion and Sedimentation Control" cited in Section 18.50-6 of this Chapter are hereby incorporated into this Chapter 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 this Chapter. In the event of conflict between provisions of said manual and of this Chapter, this Chapter shall govern. Sec. 18.50-14. 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 or subsequent land owner during the period of land disturbance and development of the site in a satisfactory manner to ensure adequate performance. Construction sites greater than 5 acres must also comply with the maintenance provisions of the required National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit. Sec. 18.50-15. Inspection. The Director of Community Development shall make inspections, or shall cause them to be made, 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. Plans for grading, stripping, excavating, and filling work bearing the signature of the Director of Community Development shall be maintained at the site during progress of the work. The permittee shall give notice and request inspection at the completion of each of the work stages in the plan including: installation of sediment and runoff control measures prior to other earth disturbance or grading; after stripping and clearing: after rough grading; after final grading; after seeding and landscaping; after final stabilization and landscaping; prior to removal of sediment controls. Sec. 18.50-16. Special precautions. 1. If at any stage of the grading of any development site the Director of Community Development 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, watercourse or drainage structure, the Director of Community Development may require, as a condition of allowing the work to be done, that such reasonable special precautions 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 the recommendations of the City Engineer. 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 Community Development 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 rains. Sec. 18.50-17. Amendment of plans. Major amendments of the site development or erosion and sedimentation control plans shall be submitted to the Director of Community Development 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 in writing by the Director of Community Development. Sec. 18.50-18. 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 180 days of the permit date, or is not completed by a date which shall be specified in the permit; except that the Director of Community Development 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. Sec. 18.50-19. Exceptions from requirements and regulations. The City Council may, in accordance with the following procedures, authorize exceptions to any of the requirements and regulations set forth in this Chapter: 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. No petition shall be granted unless the City Council expressly finds: 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 it is impossible or impractical for the applicant to comply with all of the requirements of this Chapter; and, 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. The Director of Public Works shall transmit his recommendations to the City Council, which shall review such recommendations prior to granting or denying the exception. 3. The City Council shall hold a public hearing on each application for exception. After public hearing, the City Council 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. Sec. 18.50-20. Stop -work order; revocation of permit. In the event any person holding a site development permit pursuant to this Chapter 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 site development permit. Suspension of a permit shall be by a written stop -work order issued by the Director of Community Development and delivered to the permittee or his agent or the person performing the work. The stop -work order shall be effective immediately, shall state the specific violations cited, and shall state the conditions under which work may be resumed. A stop -work order shall remain in effect until the next regularly scheduled meeting of the City Council at which the conditions of sub -paragraph 2 below can be met. 2. No site development permit shall be permanently suspended or revoked until a hearing is held by the City Council. Written notice of such hearing shall be served on the permittee, either personally or by registered or certified mail, and shall state: a. The grounds or reasons for suspension or revocation; b. The date, time and place of such hearing. 3. Such notice shall be served on the permittee at least five days prior to the date set for the hearing. At such hearing, the permittee shall be given an opportunity to be heard and may call witnesses and present evidence on his behalf. At the conclusion of the hearing the City Council shall determine whether the permit shall be suspended or revoked. Sec. 18.50-21. Violations and penalties. No person, firm, corporation or entity 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 Chapter. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this Chapter is committed, continued, or permitted shall constitute a separate offense. Upon conviction of any such violation, such person, firm, corporation or entity shall be punished by a fine of not less than $25.00 nor more than $500.00 for each offense. In addition to any other penalty authorized by this section, any person, firm, corporation or entity convicted of violating any of the provisions of this Chapter 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. Sec. 18.50-22. Separability. The provisions and sections of this Chapter shall be deemed to be separable, and the invalidity of any portion of this Chapter shall not affect the validity of the remainder. Sec. 18.50-23. Fees and expenses to be reimbursed to City by Permittee. Permittees shall pay and reimburse the City for any and all Council and Administrative expenses and costs, and for any and all fees, salaries or compensations incurred and charged to the City by retained personnel of the City in connection with planning, reviewing, evaluating, advising, approving, implementing or enforcing any site development application or permit by the City. 1. Retained personnel shall be defined as any engineer, attorney, planner, economist, or other technical, professional or other expert paid and retained by said City to assist or advise said City, directly and indirectly, in planning, reviewing, evaluating, advising, approving, implementing or enforcing any site development application or permit by said City. 2. The permittee shall deposit with the City into a specified account, the following amounts to be used toward defraying expenses and fees of its retained personnel: The sum of $100.00 per acre or fraction thereof, involved in the site development, with a minimum deposit of $200.00 and a maximum deposit of $1,500.00. An acre for the purposes of this Subsection 2 aforesaid shall be defined as that measurement of land that is the dimension of an acre notwithstanding any roads, buildings or other physical structures or obstacles located on, within or adjacent to said measurement. 4. All proceedings and work in connection with such application shall be stayed until said sum so designated is deposited with the City as aforesaid. 5. Any statement or bill submitted to the City by the retained personnel shall segregate and identify the charges and fees incurred directly or indirectly connected with said site development. A duplicate statement shall be forwarded to said permittee at the time said charges and fees are withdrawn from said specified amount. 6. At any time the balance of the specified amount reaches $300.00, the Finance Director may demand from the permittee a sum of money, that, in addition to the balance in said specified amount, shall equal the amount originally required hereunder or such lesser fraction thereof that the City Council might, in such cases, determine. 7. All proceedings and work, with regard to such site development shall be stopped until said subsequent demands for payment of fees shall be deposited in said specified account. 8. Any demand or subsequent demand of the City Clerk, not deposited by the permittee within six months of the date of said demand shall terminate and render null and void the proposed site development plan. 9. All retained personnel funds required to be deposited by the permittee shall be deposited by the City into a specified account and shall be held in the name of the City. 10. The City Council may, for good cause shown by the permittee in writing, grant continuances in writing to said permittee in connection with said deposits. 11. The City Council may, at their discretion and upon written resolution, waive the requirements of this section. 12. Upon the presentment of the final statement of the retained personnel and within 60 days of the approval of the work done pursuant to said permit, any balance remaining in the specified account, excluding any interest, shall be returned and repaid to the permittee. Any interest that may be earned in connection with said deposit shall be retained by the City. 13. The aforesaid retained personnel deposit shall not be required during the time that any retained personnel funds are on deposit pursuant to the requirements of the Subdivision Control and Development Ordinance of the City in connection with any subdivision development." SECTION 2. If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed and approved this 21" day of January, 2008. Voting Aye: SANTI, GLAB, SCHAEFER, MURGATROYD, WI,MMER, PETERSON, CONDON Voting Nay: NONE Not Voting: NONE Absent: NONE Abstain: NONE APPROVED: 57 Mayor (SEAL) ATTEST: