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HomeMy WebLinkAboutOrdinances - MC-87-425 - 10/14/1987 - Add ch 28 soil and sediment controlORDINANCE NO. MC-87-425 AN ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. The Municipal Code, City of McHenry, Illinois, be and the same is hereby amended by adding thereto the following provisions pertaining to soil erosion and sedimentation control as and for Chapter 28 of said Code: Section 28-1 Findings: The City Council of the City of McHenry hereby finds that: 1. Excessive quantities of soil may erode from areas undergoing development for certain non-agricultural uses including but not limited to the construction of subdivision improvements pursuant to subdivision plans and specifications, dwelling units, commercial buildings and industrial plants, the building of roads and highways, and the creation of recreational facilities; 2. The washing, blowing, and falling of eroded soil across and upon roadways endangers the health and safety of users thereof by decreasing vision and reducing traction of road vehicles; 3. Soil erosion necessitates the costly repairing of gulleys, washed-out fills, and embankments; 4. Sediment from soil erosion tends to clog sewers and ditches and to pollute and silt rivers, streams, lakes and reservoirs; 5. Sediment limits the use of water and water -ways for most beneficial purposes, promotes the growth of undesirable aquatic weeds, destroys fish and other desirable aquatic life, and is costly and difficult to remove; and 6. Sediment reduces the channel capacity of waterways, resulting in increased chances of flooding at risk to public health and safety. Section 28-2 Purpose: The City Council 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 McHenry. Section 28-3 Definitions: For the purpose of this Ordinance, 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 Ordinance. CUBIC YARDS means the amount of material in excavation and/or fill measured by the method of "average end areas." 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 grading 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. PERMITEE means any person to whom a site development permit is issued. 2 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. 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. STRIPPING means any activity which removes the vegetative surface cover including tree removal, clearing, and storage or removal of top soil. SUPERINTENDENT OF PUBLIC WORKS means the officer of the City holding such title. VACANT means land on which there are no structures or only structures which are secondary to the use or maintenance of the land itself. CITY means the City of McHenry, McHenry County, Illinois. Section 28-4 General Principles. It is the objective of this ordinance to control soil erosion and sedimentation caused by development activities in the City. Measures taken to control erosion and sedimentation 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 ordinance. 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. 3 2. Natural vegetation should be retained and protected wherever possible. Areas immediately adjacent to natural watercourses should be left undisturbed wherever possible. 3. The smallest practical area of land should be exposed for the shortest practical time during development. 4. Sediment basins, debris basins, desilting basins, or silt traps or filters should be installed and maintained to remove sediment from run-off waters from land undergoing development. 5. 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. 6. In the design of erosion control facilities and practices, aesthetics and the requirements of continuing maintenance should be considered. 7. Provision should be made to accommodate the increased run-off caused by changed soil and surface conditions during and after development. Drainageways should be designed so that their final gradients and the resultant velocities of discharges will not create additional erosion. 8. Permanent vegetation and structures should be installed as soon as practical during development. Section 28-5 Site Development Permit Required. Except as otherwise provided in this ordinance, no person shall commence or perform any grading, stripping, excavating, or filling of land without having first obtained a site development permit from the Superintendent of Public Works of the City. Section 28-6 Exceptions to Permit Requirement. Although prior written notification of any site work shall be given to the Superintendent of Public Works by any person performing site work, a permit shall not be required for any of the following: 1. Development of a site less than 2 1/2 acres -for residential use, or of less than 2 1/2 acres for commercial or industrial use; provided that the person responsible for any such development shall implement necessary erosion and sedimentation control measures to satisfy the principles set forth in this Ordinance; 4 2. Agricultural use of land (regardless of zoning), including the implementation of conservation measures included in a farm conservation plan approved by the Soil and Water Conservation District, and including theconstruction of agricultural structures; 3. Installation, renovation, or replacement of a septic system to serve an existing dwelling or structure. Section 28-7 Application for Permit. Application for a site development permit shall be made by the owner of the property or his authorized agent to the Superintendent 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 of $ 25. too 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. Section 28-8 Accompanying Application for Permit. Each application for a site development permit shall be accompanied by the following information: 1. 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. 2. A development plan 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, water bodies, flood plains, drainage facilities, vegetative cover, paved areas, and other significant natural or man-made features on the site and adjacent land within approximately 100 feet of the boundary. 5 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 excavation, grading, and filling; proposed contours, finished grades, and street profiles; provisions for storm drainage, including the control of accelerated runoff, with a drainage area map and computations; kinds and locations of utilities; and areas and acreages proposed to be paved, covered, sodded or seeded, vegetatively stabilized, or left undistrubed. 3. An erosion and sedimentation control plan showing: a. A1.1 erosion and sedimentation control measures necessary to meet the objectives of this Ordinance throughout al-1 phases of construction and permanently after completion of development of the site. b. 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. C. Provisions for maintenance of control facilities, including easements, and estimates of the cost of maintenance. d. Identification of the person(s) or entity which will have legal responsibility for maintenance of erosion control structures and measures after development is completed. 4. 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 sediment control measures, installation of storm drainage, paving streets and parking areas, and establishment of permanent vegetative cover. M. These submissions shall be prepared in accordance with the standards and requirements contained in "Procedures and Standards for Soil Erosion and Sedimentation Control in Northeastern Illinois" prepared by the Northeastern Illinois Erosion and Sedimentation Control Steering Committee and adopted by the McHenry County Soil and Water Conservation District, which standards and requirements are on file in the Office of the City Clerk and hereby incorporated into this Ordinance by reference. The Superintendent of Public Works 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 Ordinance. Section 28-9 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, maintenance of improvements and landscaping 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 tocover the cost of failure or repair of improvements installed on the site. Section 28-10 Review and Approval. Each application for a site development permit shall be reviewed and acted upon according to the following procedures: 1. The Superintendent of Public Works will review each application for a site development permit to determine its conformance with the provisions of this Ordinance. The Superintendent of Public Works 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 (60) days after receiving an application, the Superintendent 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) disapprove the permit 7 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 development, 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 any overall development program previously approved by the City for the area in which the site is situated. 3. Failure of the Superintendent of Public Works to act on an original or revised application within sixty (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 Superintendent of Public Works and the applicant. Pending preparation and approval of a revised plan, development activities may be allowed to proceed in accordance with conditions established by the Superintendent of Public Works. Section 28-11 Appeals. The applicant, or any person or agency which received notice of the filing of the application, may appeal the decision •of the Superintendent of Public Works to the City Council. Such appeals shall be filed with the City Clerk in writing within ten (10) days after the applicant has received the decision of the Superintendent 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, 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 drainageways; 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. Section 28-12 Retention of Plans. Plans, specifications, and reports for all site developments shall be retained in original form or on microfilm by the Superintendent of Public Works. Section 28-13 Operation Standards and Requirements. All grading, stripping, excavating, and filling which is subject to the permit requirements of this Ordinance, and any grading, stripping, excavating and filling which is exempted from the permit requirement by Section 28-6 of this Ordinance, shall be subject to the applicable standards and requirements set forth herein. Section 28-14 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 Ordinance, (2) compliance or non-compliance with the provisions of that permit or with conditions attached to it by the Superintendent of Public Works, (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 Ordinance. Section 28-15 Handbook Adopted by Reference. The standards and specifications contained in "Procedures and Standards for Soil Erosion and Sedimentation Control in Northeastern Illinois," cited in Section 28-8 of this Ordinance are. hereby incorporated into this Ordinance and made a part hereof by reference for the purpose of deliniating procedures and methods of operation under site development and erosion and sedimentation control plans approved under this Ordinance. In the event of conflict between provisions of said manual and of this Ordinance, the Ordinance shall govern. Section 28-16 Inspection. The Superintendent of Public Works 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 Superintendent of Public Works shall be maintained at the site during progress of the work. 9 Section 28-17 Special Precautions. 1. If at any stage of the grading of any development site the Superintendent 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, watercourse or drainage structure, the Superintendent of Public Works may require, as a condition of allowing the work to be done, that such reasonable special precautions t 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 Superintendent 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 rains. Section 28-18 Amendment of Plans. Amendments of the site development or erosion and sedimentation control plans shall be submitted to the Superintendent 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 in writing by the Superintendent of Public Works. Section 28-19 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 hundred and eighty (180) days of the permit date, or is not completed by a date which shall be specified in the permit; except that the Superintendent 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. 1 0 Section 28-20 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 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. 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 Ordinance; 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 exemption shall be referred to the Superintendent of Public Works for review. The Superintendent of Public Works shall transmit its 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. Section 28-21 Stop -Work Order; Revocation of Permit. In the event any person holding a site development 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 1 1 the development site or so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Superintendent of Public Works may suspend or revoke the site development permit. 1. Suspension of a permit shall be by a written stop -work order issued by the Superintendent of Public Works 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. Such notice shall be served on the permittee at least five (5) 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. Section 28-22 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 Ordinance. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and 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, firm, corporation or entity shall be punished by a fine of not more than ($500) for each offense. In addition to any other penalty authorized by this section, any 1 2 person, firm, corporation or entity 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. Section 28-23 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. Section 28-24 Fees and Expenses to be Reimbursed to City by ermittee._ 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 surm, fr fc�y e t�iWIAUed Dollars ($100.00) per acre/Qnv3 v in t site development, with a minimum deposit of Two Hundred Dollars ($200.00) and a maximum deposit of Fifteen Hundred Dollars ($1,500.00). 3. 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. 1 3 S. 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 Three Hundred Dollars ($300.00), the City Clerk 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 to said Council, grant continuances in writing to said permittee in connection with said deposits. 11. The City Council may, in 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 sixty (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 1 4 retained personnel funds are on deposit pursuant to the requirements of the Subdivision Control Ordinance of the City in connection with any subdivision development. SECTION 2. All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 3. This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 4. This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form, as provided by law. PASSED this 14thday of October , 1987 AYES: Nolan, Serritella, Smith, Teta, Busse NAYS: Bolger, Lieder ABSTAINED: None ABSENT: McClatchey, Patterson NOT VOTING: APPROVED this 14th day of October ATTEST: -11, 11-1 0-- -d�t -/- - l r% n -7 1 5