A.   Protect people and property against damage or destruction caused by accelerated erosion resulting from development and construction activities in or around bluffs and ravines.

B.   Protect bluffs and ravines against unnecessary damage or destruction caused by certain development and construction activities.

C.   Maintain proper water runoff in order to decrease the effects of erosion on bluffs and ravines.

D.   Minimize the disruption or alteration of natural drainage occurring in or around bluffs and ravines.

E.   Protect the property values of properties on which bluffs and ravines are located.

F.   Preserve and enhance the physical and aesthetic qualities of bluffs and ravines by, among other things, minimizing the disruption or damage to existing vegetation. (Ord. 99-9, 3-8-1999)

A.   Ravines: Except as otherwise expressly provided in subsection C of this section, no principal structure or building, no accessory structure or building that requires the issuance of a building permit pursuant to this code, and no driveway shall be erected or altered on any lot so as to place any portion of any such building, structure, or driveway within ten feet (10') from any top ravine edge.

B.   Bluffs:

1.   Principal Structures And Buildings: Except as otherwise expressly provided in subsection C of this section, no principal structure or building or driveway shall be erected or altered on any lot so as to place any portion of any such building, structure, or driveway within forty feet (40') from any top bluff edge.

2.   Small Accessory Structures And Buildings: Except as otherwise expressly provided in subsection C of this section, no accessory structure or building that is equal to or less than four hundred forty (440) square feet in area and that requires the issuance of a building permit pursuant to this code shall be erected or altered on any lot so as to place any portion of any such building or structure within ten feet (10') from any top bluff edge.

3.   Large Accessory Structures And Buildings: Except as otherwise expressly provided in subsection C of this section, no accessory structure or building that is greater than four hundred forty (440) square feet in area and that requires the issuance of a building permit pursuant to this code shall be erected or altered on any lot so as to place any portion of any such building or structure closer to any top bluff edge than ten feet (10'), plus an additional 0.053 feet for every one foot (1') that the accessory structure or building exceeds four hundred forty (440) square feet in area.

C.   Exceptions:

1.   Nonimpervious And Other Improvements: Notwithstanding the setback requirements in subsections A and B of this section, any nonimpervious improvement including, without limitation, a paver patio, and any other improvement that does not require the issuance of a building permit pursuant to this code, including, without limitation, a swing set or similar apparatus, may be located up to but no further than the top ravine edge of a ravine or the top bluff edge of a bluff, as the case may be; provided, however, that such improvement does not, as determined in advance by the village engineer, adversely affect stormwater drainage or unnecessarily accelerate erosion of the bluff or ravine or otherwise create a hazardous condition or public nuisance.

2.   Swimming Pools: Notwithstanding the setback requirements in subsections A and B of this section:

a.   No swimming pool shall be located within twenty feet (20') from any top ravine edge; and

b.   No swimming pool shall be located within forty feet (40') from any top bluff edge. (Ord. 99-9, 3-8-1999; amd. Ord. 99-15, 5-24-1999)

A.   General Prohibition: Except as expressly permitted pursuant to subsection B of this section, no principal or accessory building or structure, no permanent fence, and no other at grade improvement of any kind shall be constructed, placed, or maintained in any bluff or ravine.

B.   Permitted Structures: Notwithstanding the general prohibition set forth in subsection A of this section, the following improvements may be permitted in a bluff or ravine in accordance with the regulations of this subsection and the other applicable regulations of this chapter, provided such improvement would not, as determined in advance by the village engineer, adversely affect stormwater drainage, or unnecessarily accelerate erosion of the bluff or ravine, or otherwise create a hazardous condition or public nuisance:

1.   Paths And Steps At Grade: Paths and steps at grade of no greater than six feet (6') in width shall be allowed in any bluff or in any ravine.

2.   Decks:

a.   Ravines: Decks and other similarly elevated structures shall be allowed to extend over the top ravine edge of a ravine; provided, however, that no pier foundations or supports shall be placed or maintained on or beyond the top ravine edge.

b.   Bluffs: Decks and other similarly elevated structures shall be allowed to extend over the top bluff edge of a bluff and to be located in a bluff.

3.   Benches: Benches shall be allowed to be located or maintained within a bluff or ravine.

4.   Stairs: Stairs and associated landings shall be permitted in any ravine or bluff that is located on bluff/ravine property that is at least one and one-half (1.5) acres.

5.   Electric Lift Systems: An electric lift system, and associated equipment and appurtenances thereto, shall be permitted on a bluff upon the issuance of a special use permit pursuant to subsection 10-2C-3 of this title; provided, however, that: a) only one electric lift system may be permitted on a property; and b) as a condition of issuance of the special use permit, the owner agrees in writing to permit the Village to inspect the electric lift system at least once a year to confirm that the electric lift system complies with all applicable provisions of this code and the special use permit. (Ord. 2016-17, 6-27-2016; amd. Ord. 2022-38, 12-12-2022)

A.   General Prohibition: Except as expressly permitted pursuant to subsection B of this section, no construction activities, including, without limitation, grading, excavating, filling, terracing, or stockpiling or dumping of excavated material, shall be permitted in any bluff or ravine protection area.

B.   Permitted Construction Activities: Notwithstanding the general prohibition set forth in subsection A of this section, the following construction activities shall be permitted in a bluff or ravine protection area, with the prior approval of the village engineer and in accordance with the following regulations and other applicable regulations of this chapter:

1.   Erosion control and slope stabilization activities.

2.   Public utility and other public improvement projects.

3.   Drainage improvements that are necessary to prevent or mitigate erosion.

4.   General maintenance and landscaping, including the removal of diseased, dead, or damaged trees.

5.   Action necessary to remediate an unstable or unsecure slope that poses an imminent danger to persons or property.

6.   The construction of an electric lift system on a bluff in accordance with section 10-12-4 of this chapter.

C.   Protection Standards: All construction activities permitted pursuant to this subsection shall be performed in a manner: 1) to cause the least possible disruption of the natural features of a bluff or ravine protection area; and 2) to be consistent with the purposes and intent of this chapter as expressed in section 10-12-1 of this chapter. Specifically, during any such permitted construction activities, natural drainage shall be maintained to the maximum extent possible. Runoff from impervious surfaces shall be conveyed to existing storm sewers, wherever possible, or, if approved by the village engineer, channeled into the bluff or ravine in a manner to minimize the impact or damage to the bluff or ravine protection area. (Ord. 99-9, 3-8-1999; amd. Ord. 2016-17, 6-27-2016)

A.   Plat Of Survey Required: Unless otherwise waived by the village engineer, any application for a building permit for any construction activity on any bluff/ravine property shall include a plat of survey prepared within one year of the date of application for the subject permit. The plat shall be sealed by a licensed surveyor and shall include, at a minimum, the following elements and information:

1.   The lot lines of the bluff/ravine property;

2.   The curvilinear line defining the top ravine edge or top bluff edge, or both, as the case may be (see section 10-13-1, illustrations 15A and 15B of this title);

3.   The total square footage of the bluff/ravine property along with supporting calculations;

4.   The location of all existing improvements on the bluff/ravine property in relation to the top ravine edge or the top bluff edge, or both, as the case may be;

5.   The location of all proposed new improvements in relation to the top ravine edge or the top bluff edge, or both, as the case may be, clearly distinguished from existing improvements (see section 10-13-1, illustrations 15A and 15B of this title);

6.   The existing and proposed grades;

7.   The existing and proposed top of foundation elevations, using the same elevation data as used for site grades;

8.   Bench mark with elevation and location clearly defined;

9.   The location of all existing and proposed utility lines, including storm drainage facilities; and

10.   A demonstration of the ways in which the applicant will ensure that all construction activities are in compliance with this chapter and that all such activities will be performed in a manner: a) to cause the least possible disruption of the natural features of a bluff or ravine protection area; and b) to be consistent with the purpose and intent of this chapter as expressed in section 10-12-1 of this chapter.

B.   Fencing: A temporary fence shall be erected along a line that is ten feet (10') from the top ravine edge or top bluff edge, or both, as the case may be, during any development or construction activity on bluff/ravine property. For any construction activity that is permitted pursuant to this chapter to be within said ten foot (10') area, such fencing as the village engineer shall determine is necessary to prevent adverse impacts on the ravine or bluff, or both, as the case may be, shall be required. Any such fence shall be removed upon completion of the development or construction activity.

C.   Grading And Restoration: Upon completion of any development or construction activity on bluff/ravine property, appropriate grading and restoration work shall be performed, as required by the village engineer, in order to ensure protection of the bluff and ravine protection areas. (Ord. 99-9, 3-8-1999)

A.   Filling And Dumping Prohibited: No garbage, construction debris, or landscaping materials shall be dumped or filled in any bluff or ravine protection area.

B.   Drainage: Measures shall be required to control stormwater runoff from structures and other improved surfaces on bluff/ravine properties. Wherever feasible, such runoff shall be collected and carried to municipal storm drainage facilities located away from ravines and bluffs. If discharge directly into municipal storm drainage facilities is not feasible, drainage shall be collected and discharged directly into the base of the ravine or bluff channel via continuous, nonperforated drain lines designed to collect stormwater runoff prior to the runoff reaching the ravine or bluff area. Such drainage lines shall be buried on the slopes of the ravine or bluff, and required excavations shall be located to minimize damage to trees and the slope of the ravine or bluff. In no event shall the point source discharge of water be allowed on or near any side of any ravine or bluff. A complete site drainage plan shall be required as part of the site plan submittal required pursuant to subsection 10-12-6A of this chapter.

C.   Vegetation: Native vegetation shall be maintained to the greatest extent possible within all bluff and ravine protection areas. Section 10-13-1 of this title, illustration 16, provides a nonexclusive list of native vegetation that bluff/ravine property owners are encouraged to utilize within all bluff and ravine protection areas. (Ord. 99-9, 3-8-1999)

A.   Damage Or Destruction:

1.   If all or any part of any structure, building, or any other type of at grade improvement that is, as of March 9, 1999, nonconforming with regard to the provisions of this chapter, is damaged, destroyed, or torn down by any means, whether or not within the control of the owner thereof, then the particular type of structure, building, or improvement may be repaired, restored, rehabilitated, or rebuilt; provided, however, that no such repair, restoration, rehabilitation, or rebuilding shall be made that would create any new nonconformity or that would increase the degree of any nonconformity existing prior to such damage, destruction, or tear down, as provided in subsection B of this section.

2.   Notwithstanding subsection A1 of this section, all such repairs, restorations, rehabilitations, and rebuilding shall be in strict conformity with the applicable zoning district regulations and with the regulations of this chapter unless a building permit is obtained and restoration is actually begun within one year after the date of such damage, destruction, or tear down and is diligently pursued to completion.

B.   Horizontal Extension; Change In Type Of Structure: For purposes of this section, the horizontal extension of a nonconforming structure, or the change in the type of structure, shall be construed to increase the degree of the existing nonconformity of the structure unless such horizontal extension or such change in the type of structure conforms to all applicable zoning regulations including the regulations set forth in this chapter. (Ord. 99-15, 5-24-1999)