HomeMy WebLinkAboutOrdinances - MC-93-601 - 09/15/1993 - Ch 29 Soil erosionORDINANCE NO. MC-93-601
AND ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY
COUNTY, ILLINOIS as follows:
SECTION 1. Chapter 28 of the Municipal Code, City of McHenry, is
hereby amended to read as follows:
"CHAPTER 28
SOIL EROSION AND SEDIMENTATION CONTROL
Sec. 28-1. 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 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.
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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.
PERSON means any individual, firm or corporation, public or
private, the State of Illinois and its agencies or policital
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.
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. 28-2. 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.
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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. Drainageways 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.
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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. 28-3. 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.
1. 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. 28-4. 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:
1. Development of a site of one (1) acre or less for residential
use, or of one (1) 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 (1)
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;
3. Agricultural use of land;
4. Installation, renovation, or replacement of a septic system
to serve an existing dwelling or structure.
Sec. 28-5. 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 Public
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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 $25.00. 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. 28-6. 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 :kale.
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, 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, 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.
3. 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:
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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.
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 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 Public
for the content of
information submitted
will comply with the
Chapter.
Sec. 28-7. Bonds
Works may waive specific requirements
submissions upon finding that the
is sufficient to show that the work
objectives and principles of this
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.
Sec. 28-8. 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 Public Works will review each application for
a site development permit to determine its conformance with
the provisions of this Chapter. The Director 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
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; (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:
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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 any
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.
Sec. 28-9. 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
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 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, 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.
Sec. 28-10. 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. 28-11. 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 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 Chapter.
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Sec. 28-12. 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 alterantive 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.
3. 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 constructee 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:
1. 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.
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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 redisturbance, consistent with the following
criteria:
1. 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
seeindg, 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 restabilized 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.
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H. Each site shall have graveled (or equivalent.) entrance roads,
access drives, and parking areas 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.
J. 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. 28-13. 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 28-6 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. 28-14. 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. 28-15. Inspection.
The Director 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 Director of Public Works 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
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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. 28-16. Special precautions.
1. If at any stage of the grading of any development site the
Director of Public Works determines by inspection that the nature of the
site is such that further work authorized by an existing permit is likely
to imperil any property, public way, stream, lake, wetland, watercourse or
drainage structure, the Director of Public Works may require, as a
condition of allowing the work to be done, that such reasonable special
precautions 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 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.
Sec. 28-17. Amendment of plans.
Major amendments 'of the site development or erosion and sedimentation
control plans shall be submitted to the Director of Public Works and shall
be processed and approved or disapproved in the same manner as the
original plans. Field modifications of a minor nature may be authorized
in writing by the Director of Public Works.
Sec. 28-18. 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 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 Director of
Public Works may, if the permittee presents satisfactory evidence that
unusual difficulties have prevented work being commenced or completed
within the specified time limits, grant a reasonable extension of time if
written application is made before the expiration date of the permit.
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Sec. 28-19. 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. 28-20. 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.
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1. Suspension of a permit shall be by a written stop -work order
issued by the Director 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.
Sec. 28-21. 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 Twenty Five Dollars ($25.00) nor more than Five
Hundred Dollars ($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. 28-22. 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. 28-23. 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
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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 One Hundred Dollars ($100.00) per acre or
fraction thereof, involved in the 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.
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 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.
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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 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. Any person, firm or corporation violating any provision
of this ordinance shall be fined not less than. Twenty -Five Dollars
($25.00) nor more than Five Hundred Dollars ($500.00) for each offense
committed on each day during, or on which, a violation occurs or continues.
SECTION 3. 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 4. This ordinance shall be published in pamphlet form by and
under the authority of the corporate authorities of the City of McHenry,
Illinois.
SECTION 5. This ordinance shall be in full force and effect from and
after its passage, approval and publication as provided by law.
PASSED and APPROVED this 15th day of September, 1993.
AYES: Baird. Lawson. Bates. Locke. Bolger
NAYS: None
ABSENT: None
NOT VOTING: None
ABSTAINED: None
ATTEST:
City Clerk
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Mayor