The purpose of this chapter is to safeguard persons, protect property, prevent damage to the environment and promote the public welfare by guiding, regulating and controlling the use of pesticides and herbicides, the design, the construction, uses 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 Charleston side channel watershed. (Ord. 93-O-14, 3-2-1993)

CUBIC YARDS: The amount of material in excavation and/or fill measured by the method of "average and areas".

EXCAVATION: 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: The vertical location of the existing ground surface prior to excavation or filling.

FILL: Any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man and/or equipment to a new location and shall include the conditions resulting therefrom.

FINAL GRADE: The vertical location of the ground or pavement surface after the grading work is completed in accordance with the site development plan.

GRADING: Excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.

HERBICIDE: Any chemical or chemical compound used for the control or removal of vegetation.

LOGGING: The cutting and removal of trees for commercial sale.

NATURAL DRAINAGE: Channels formed in the existing surface topography of the earth prior to changes made by unnatural causes.

PERMITTEE: Any person to whom a site development permit is issued.

PERSON: 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.

PESTICIDES: Any chemical or chemical compound used for the extermination or control of insects, vermin, etc.

REMOVAL: Cutting vegetation to the ground or stumps, complete extraction, or killing by spraying.

SITE: A lot or parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.

SITE DEVELOPMENT: Altering terrain and/or vegetation and constructing improvements.

SITE DEVELOPMENT PERMIT: 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: Any activity which removes the vegetative surface cover, including tree removal, clearing, and storage or removal of topsoil. (Ord. 93-O-14, 3-2-1993)

   A.   Permit Required: Except as otherwise provided in this chapter, no person shall commence or perform any grading, stripping, excavating, or filling of land, cut trees (logging), use any type of pesticide or herbicide, and replace, install, or renovate any existing septic system without having first obtained a site development permit from the building and zoning department of the city.

   B.   Exceptions: A permit shall not be required for any of the following:

      1.   Soil disturbing agricultural land use; provided, that the affected area is participating in conservation practices approved by the soil and water conservation district.

      2.   The use of herbicides, pesticides (including termite control chemicals) and lawn care products. The exception will occur when the above substances are used on: a) a previously developed site; or b) as part of agricultural practices. Provided, that the user adheres to all federal and state rules and regulations governing the use of said substances and has submitted to the city a Charleston side channel reservoir watershed toxic substances tracking card.

   C.   Application For Permit; Fee: Application for a site development permit shall be made by the owner of the property or their authorized agent to the community development director, or their designee, on a form furnished for that purpose. Each application shall have 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. Each application shall be signed by a licensed professional engineer and shall be accompanied by a filing fee of twenty five dollars ($25.00). Each application shall include certification that any chemical application, land clearing, construction or development involving the movement of earth shall be in accordance with the plans approved upon issuance of the permit.

   D.   Submissions:

      1.   Each application for a site development permit shall include the following information:

         a.   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.

         b.   A development plan of the site showing:

            (1)   Existing topography of the site and adjacent land within approximately one hundred feet (100') of the boundaries, drawn at no greater than two foot (2') contour intervals and clearly portraying the conformation and drainage pattern of the area, at a scale of not less than one inch equals fifty feet (1" = 50'), except in the case of sites larger than fifty (50) acres, in which case, the plan shall be to a scale of not less than one inch equals one hundred feet (1" = 100').

            (2)   The location of existing buildings, structures, utilities, water bodies, floodplains, drainage facilities, vegetative cover, paved areas and other significant natural or manmade features on the site and adjacent land within approximately one hundred feet (100') of the boundary.

            (3)   A general description of the predominant soil types on the site, their location and their limitations for the proposed use.

            (4)   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 chemically treated, logged, paved, covered, sodded or seeded, vegetatively stabilized or left undisturbed.

         c.   An erosion and sedimentation control plan showing:

            (1)   All erosion and sedimentation control measures necessary to meet the objectives of this chapter throughout all phases of construction and permanently after completion of development of the site.

            (2)   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.

            (3)   Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.

            (4)   Identification of the person(s) or entity which shall have legal responsibilities for maintenance of erosion control structures and measures after development is completed.

         d.   The proposed phasing of development of the site, including stripping and clearing, rough grading and construction, and final grading of landscaping. Phasing shall identify the expected date on which clearing, chemical treatment or logging shall begin, the estimated duration of exposure of cleared areas, and the sequence of clearing, chemical treatment and/or logging, and the installation of temporary sediment control measures, installation of storm drainage, paving streets and parking areas, and establishment of permanent vegetative cover.

      2.   These submissions shall be prepared in accordance with the standards and requirements contained in "Procedures And Standards For Urban Soil Erosion And Sedimentation Control In Illinois", prepared by the Northeastern Illinois soil erosion and sedimentation control steering committee and adopted by the county soil and water conservation district, which standards and requirements are hereby incorporated into this chapter by reference.

      3.   The city may waive specific requirements for the content of submissions upon finding that the information submitted is sufficient to show that the work shall comply with the objectives and principles of this chapter.

   E.   Bonds: The applicant shall be required to file with the city a faithful performance bond or bonds, letter of credit, or other improvement security satisfactory to the city attorney in an amount deemed sufficient by the city to cover all costs of improvements, landscaping, maintenance of improvements and landscaping, and chemical cleanups for such period as specified by the city, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site. This subsection may be waived by the city engineer in the case of minimal property disturbance.

   F.   Review And Approval: Each application for a site development permit shall be reviewed and acted upon according to the following procedures:

      1.   The city shall review each application for a site development permit to determine its conformance with the provisions of this chapter. For major projects affecting the county soil and water conservation district, Illinois department of conservation (division of forestry), and/or other local government or public agencies within whose jurisdiction the site is located, the city shall refer said applications to said governmental entity for input, review and comment. Said governmental entity shall provide input, review and comment, and said input, review and comment shall be advisory in nature and not binding upon the city. It shall be the sole discretion of the community development director, or their designee, as to what constitutes a “major project”. Within a reasonable time after receiving an application, the city 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 a proposed 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, logging, and use of herbicides, pesticides and other chemicals is coordinated with any overall development program previously approved by the city for the area in which the site is situated, provided all of the new rules and regulations are met in the previously approved program.

   G.   Appeals: The applicant, or any person or agency which received notice of the filing of the application, may appeal the decision of the city to board of zoning appeals and planning. Upon receipt of an appeal, board of zoning appeals and planning shall schedule and hold a public hearing. Notice of not more than thirty (30) days and not less than fifteen (15) days shall be given. Said notice shall be published in the legal notice section of the local newspaper. The board of zoning appeals and planning shall render a decision within thirty (30) days after the conclusion of the hearing. Factors to be considered on review shall include, but need not be limited to:

      1.   The effects of the proposed development on the surface water flow to tributary and downstream lands, any comprehensive watershed management plans, or the use of any retention facilities;

      2.   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 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;

      6.   Logging which would contribute to the erosion of soil; and

      7.   Chemical use which may leach into the waterways and reservoir of the city whereby adversely effecting the potable drinking water of the city.

   H.   Retention Of Plans: Plans, specifications and reports for all site developments shall be retained in original form or on microfilm by the city. (Ord. 93-O-14, 3-2-1993; amd. Ord. 2025-O-5, 2-18-2025)

   A.   Applicability: All grading, stripping, excavating and filling, which is subject to the permit requirements of this chapter, and any grading, stripping, excavating and filling which is exempted from the permit requirements by subsection 10-11-3B1 of this chapter, shall be subject to the applicable standards and requirements set forth in this chapter.

   B.   Handbook Adopted By Reference: The standards and specifications contained in "Procedures And Standards For Urban Soil Erosion And Sedimentation Control In Illinois", cited in paragraph D of article IV, are hereby incorporated into this section 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 section 10-11-3 of this chapter. In the event of conflict between provisions of said manual and of this chapter, this chapter shall govern.

   C.   Inspections:

      1.   The city shall make inspections as hereinafter required and shall either approve that portion of work completed or shall notify the permittee wherein the work fails to comply with the site development or erosion, sedimentation, logging or chemical use control plan as approved. Plans for grading, stripping, excavating, filling work, logging and/or chemical treatment bearing the stamp of approval of the city shall be maintained at the site during the progress of the work. In order to obtain inspections, the permittee shall notify the city at least two (2) working days before the completion of:

         a.   Start of work.

         b.   Stripping and clearing.

         c.   Rough grading.

         d.   Final grading.

         e.   Final landscaping.

         f.   Final chemical application.

      2.   If stripping, clearing, grading, logging or chemical applications are to be done in phases or areas, the permittee shall give notice and request inspection at the completion of each of the above work stages in each phase or area. Results of inspections shall be given within a reasonable time. The permittee may continue work at the permittee's own risk with the permission of the city engineer prior to written results of the inspection being available.

   D.   Special Precautions:

      1.   If, at any stage of the grading of any development site, the city 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 city may require, as a condition of allowing the work to be done, that such reasonable special precautions to be taken as is considered advisable to avoid the likelihood of such peril. "Special precautions" may include, but shall not be limited to, a more level exposed slope, construction of additional drainage facilities, berms, terracing, compaction or cribbing, installation of plant materials for erosion control and recommendations of a registered soils engineer and/or engineering geologist which may make requirements for further work. (Costs inure to the developer.)

      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 community development director, or their designee, may specify the time of starting grading and time of completion or may require that the operations be conducted in specified stages so as to ensure completion of protective measures or devices prior to the advent of seasonal rains.

   E.   Amendment Of Plans: Major amendments of the site development or erosion, sedimentation, logging or chemical control plans shall be submitted to the city and shall be processed and approved or disapproved in the same manner as the original plans. Field modifications of a minor nature may be authorized by the community development director, or their designee, by written authorization to the permittee.

   A.   Authority: The board of zoning appeals and planning may, in accordance with the procedures of this section, authorize exceptions to any of the requirements and regulations set forth in this chapter.

   B.   Application For Exception: 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. Said petition shall be filed with the site development permit application. In order for the petition to be granted, it shall be necessary that the board of zoning appeals and planning find all of the following facts with respect to the land referred to in the petition:

      1.   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;

      2.   That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant; and

      3.   That the granting of the exception shall not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.

   C.   Review And Recommendation: Each application for an exception shall be referred to the staff of the city for review. The city shall transmit its recommendations to the board of zoning appeals and planning, which shall review such recommendations prior to granting or denying the exception.

   D.   Hearing And Decision: The board of zoning appeals and planning shall hold a public hearing on each application for exception, within forty five (45) days after receiving application, in the manner provided with respect to appeals 1 . After public hearing, the board of zoning appeals and planning 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, or it may take such other action as appropriate. (Ord. 93-O-14, 3-2-1993)

   A.   Revocation Or Suspension Authorized: 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 city may suspend or revoke the site development permit.

   B.   Stop Work Order: Suspension of a permit shall be by a written stop work order issued by the community development director, or their designee, and delivered to the permittee or their 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 board of zoning appeals and planning at which the conditions of subsection C of this section can be met.

   C.   Notice Requirements:

      1.   No site development permit shall be permanently suspended or revoked until a hearing is held by the board of zoning appeals and planning. Written notice of such hearing shall be served on the permittee, either personally or by registered mail, and shall state:

         a.   The grounds for complaint or reasons for suspension or revocation, in clear and concise language.

         b.   The time when and place where such hearing shall be held.

      2.   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 board of zoning appeals and planning shall determine whether the permit shall be suspended or revoked. (Ord. 93-O-14, 3-2-1993; amd. Ord. 2025-O-5, 2-18-2025)

No person shall construct, enlarge, alter, repair or maintain any grading, excavation or fill, or cause the same to be done, contrary to or in violation of any terms of this chapter. Any person violating any of the provisions of this chapter shall be deemed guilty of an ordinance violation, 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, partnership or corporation shall be punished by a fine of not more than five hundred dollars ($500.00) for each offense. In addition to any other penalty authorized by this section, any person, partnership or corporation convicted of violating any of the provisions of this 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. (Ord. 93-O-14, 3-2-1993)