The Lowland Conservancy Overlay District is adopted by the Corporate Authority of the Village under the authority of the Village Home Rule Powers as set forth in article 7, section 6, of the 1970 Illinois Constitution. (Ord. 642, 12-3-1996)

This Chapter shall be known and may be cited as the VILLAGE OF MANHATTAN LOWLAND CONSERVANCY OVERLAY DISTRICT ORDINANCE. (Ord. 642, 12-3-1996)

It is the purpose and intent of this Chapter to promote the health, safety and general welfare of the present and future residents of the Village and downstream drainage areas by providing for the protection, preservation, proper maintenance, and use of the Village watercourses, lakes, ponds, flood plain and wetland areas. This Chapter is more specifically adopted:

   A.   To prevent flood damage by preserving storm and flood water storage capacity;

   B.   To maintain the normal hydrologic balance of streams, flood plains, ponds, lakes, wetlands, and ground water by storing and providing for infiltration of wet-period runoff in flood plains and wetlands, and releasing it slowly to the stream to maintain instream flow;

   C.   To manage storm water runoff and maintain natural runoff conveyance systems, and minimize the need for major storm sewer construction and drainageway modification;

   D.   To improve water quality, both by filtering and storing sediments and attached pollutants, nutrients, and organic compounds before they drain into streams or wetlands, and by maintaining the natural pollutant-assimilating capabilities of streams, flood plains and wetlands;

   E.   To protect shorelines and stream banks from soil erosion, using natural means and materials wherever possible;

   F.   To protect fish spawning, breeding, nursery and feeding grounds;

   G.   To protect wildlife habitat;

   H.   To preserve areas of special recreational, scenic, or scientific interest, including natural areas and habitats of endangered species;

   I.   To maintain and enhance the aesthetic qualities of developing areas; and

   J.   To encourage the continued economic growth and high quality of life of the Village which depends in part on an adequate quality of water, a pleasing natural environment, and recreational opportunities in proximity to the Village.

In order to achieve the purpose and intent of this Chapter, the Village hereby designates the Lowland Conservancy Overlay District which shall be considered as an overlay to the zoning districts created by the Village zoning ordinances as amended 1 . Any proposed development activity within the District must obtain a special use permit as approved by the governing body of the Village 2 . (Ord. 642, 12-3-1996)

   ARMORING: A form of channel modification which involves the placement of materials (concrete, riprap, bulkheads, etc.) within a stream channel or along a shoreline to protect property above streams, lakes and ponds from erosion and wave damage caused by wave action and stream flow.

   BULKHEAD: A retaining wall that protects property along water.

   CHANNEL: A natural or artificial watercourse or perceptible extent that periodically or continuously contains moving water, or which forms a connecting link between two (2) bodies of water. It has a definite bed and banks that serve to contain the water.

   CHANNEL MODIFICATION OR CHANNELIZATION: To alter a watercourse by changing the physical dimension or materials of the channel. Channel modification includes damming, riprapping (or other armoring), widening, deepening, straightening, relocating, lining and significant removal of bottom or woody vegetation. Channel modification does not include the clearing of debris or trash from the watercourse. Channelization is a severe form of channel modification involving a significant change in the channel cross section and typically involving relocation of the existing channel (e.g., straightening).

   CONTROL STRUCTURE: A structure designed to control the rate of storm water runoff that passes through the structure, given a specific upstream and downstream water surface elevation.

   CULVERT: A structure designed to carry drainage water or small streams below barriers such as roads, driveways, or railway embankments.

   DEPRESSIONAL AREA: Any area which is lower in elevation on all sides than surrounding properties (i.e., does not drain freely), or whose drainage is severely limited such as by a restrictive culvert. A depressional area will fill with water on occasion when runoff into it exceeds the rate of infiltration into underlying soil or exceeds the discharge through its controlled outlet. Large depressional areas may provide significant storm water or flood plain storage.

   DEVELOPMENT: The carrying out of any building, agricultural, or mining operation, or the making of any change in the use or appearance of land, and the dividing of land into two (2) or more parcels. The following activities or uses shall be taken, for the purposes of this Chapter, to involve "development" as defined herein:

   A.   Any construction, reconstruction, or alteration of a structure to occupy more or less ground area, or the on-site preparation for same;

   B.   Any change in the intensity of use of land, such as an increase in the number of dwelling units on land, or a material increase in the site coverage of businesses, manufacturing establishments, offices, and dwelling units, including mobile homes, campers, and recreational vehicles, on land;

   C.   Any agricultural use of land including, but not limited to, the use of land in horticulture, floriculture, forestry, dairy, livestock, poultry, beekeeping, pisciculture, and all forms of farm products and farm production;

   D.   The commencement of drilling, except to obtain soil samples, or the commencement of mining, filling, excavation, dredging, grading or other alterations of the topography;

   E.   Demolition of a structure or redevelopment of a site;

   F.   Clearing of land as an adjunct of construction for agricultural, private residential, commercial or industrial use;

   G.   Deposit of refuse, solid or liquid waste, or fill on a parcel of land, or the storage of materials;

   H.   Construction, excavation, or fill operations relating to the creation or modification of any road, street, parking facility or any drainage canal, or to the installation of utilities or any other grading activity that alters the existing topography;

   I.   Construction or erection of dams, levees, walls, fences, bridges or culverts; and

   J.   Any other activity that might change the direction, height, or velocity of flood or surface waters.

   DISTRICT: The "Lowland Conservancy Overlay District" as defined in subsection 4-13-6-1 of this Chapter.

   EROSION: The general process whereby soils are moved by flowing water or wave action.

   FILTERED VIEW: The maintenance or establishment of woody vegetation of sufficient density to screen developments from a stream or wetland, to provide for streambank stabilization and erosion control, to serve as an aid to infiltration of surface runoff, and to provide cover to shade the water. The vegetation need not be so dense as to completely block the view. Filtered view means no clear cutting.

   FLOOD PLAIN: That land adjacent to a body of water with ground surface elevations at or below the 100-year frequency flood elevation.

   FLOODWAY: That portion of the flood plain (sometimes referred to as the base flood plain or special flood hazard area) required to store and convey the base flood. The floodway is the 100-year floodway as designated and regulated by the Illinois Department of Transportation/Division of Water Resources. The remainder of the flood plain which is outside the regulatory floodway is referred to as the flood fringe or floodway fringe.

   HYDRAULIC CHARACTERISTICS: The features of a watercourse which determine its water conveyance capacity. These features include, but are not limited to: size and configuration of the cross section of the watercourse and floodway; texture and roughness of materials along the watercourse; alignment of watercourse; gradient of watercourse; amount and type of vegetation within the watercourse; and size, configuration, and other characteristics of structures within the watercourse. In low-lying areas the characteristics of the overbank area also determine water conveyance capacity.

   LAKE OR POND: Any inland waterbody, fed by spring or surface water flow.

   LOT: An area of land, with defined boundaries, that is designated in official assessor's records as being one parcel.

   NATURAL (In Reference To Watercourses): Those stream channels, grassed waterways and swales formed by the existing surface topography of the earth prior to changes made by unnatural causes. A natural stream tends to follow a meandering path; its flood plain is not constrained by levees; the area near the bank has not been cleared, mowed or cultivated; the stream flows over soil and geologic materials typical of the area with no alteration of the course or cross section of the stream caused by filling or excavating.

   ORDINARY HIGH-WATER MARK (OHWM): The point on the bank or shore, up to which the presence and action of surface water is so continuous so as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics.

   QUALIFIED PROFESSIONAL: A person trained in one or more of the disciplines of biology, geology, soil science, engineering, or hydrology whose training and experience ensure a competent analysis and assessment of stream, lake, pond and wetland conditions and impacts.

   REGISTERED PROFESSIONAL ENGINEER: A professional engineer registered under the provisions of "The Illinois Professional Engineering Act" and any act amendatory thereof.

   RETENTION/DETENTION FACILITY: A facility that provides for storage of storm water runoff and controlled release of this runoff during and after a flood or storm.

   RUNOFF: The portion of precipitation on the land that is not absorbed by the soil or plant material and which runs off the land.

   SEDIMENTATION: The processes that deposit soils, debris, and other materials either on other ground surfaces or in water bodies or watercourses.

   SETBACK: The horizontal distance between any portion of a structure or any development activity and the ordinary high- water mark of a perennial or intermittent stream, the ordinary high-water mark of a lake or pond, or the edge of a wetland, measured from the structure's or development's closest point to the ordinary high-water mark, or edge.

   STREAM: A body of running water flowing continuously or intermittently in a channel on or below the surface of the ground. 7.5 minute topographic maps of the U.S. Geological Survey are one reference for identifying perennial and intermittent streams. For purposes of this Chapter, the term "stream" does not include storm sewers.

   STRUCTURE: Anything that is constructed, erected or moved to or from any premises which is located above, on, or below the ground including, but not limited to, tents, camper trailers, and recreation vehicles are not considered structures when used less than one hundred eighty (180) days per year and located landward of the minimum setback provided as a natural vegetation strip.

   VEGETATION: All plant growth, especially trees, shrubs, mosses, and grasses.

   WATERCOURSE: Any river, stream, creek, brook, branch, natural or artificial depression, ponded area, slough, gulch, draw, ditch, channel, conduit, culvert, swale, grass waterway, gully, ravine, wash, or natural or manmade drainageway, which has a definite channel, bed and banks, in or into which storm water runoff and flood water flow either regularly or intermittently.

   WETLAND: Those transitional lands between terrestrial and aquatic system where the water table is usually at or near the surface or the land is covered by shallow water. Classification of areas as wetlands shall follow the Classification of Wetlands and Deepwater Habitats of the United States as published by the U.S. Fish and Wildlife Service (FWS/OBS-79/31). (Ord. 642, 12-3-1996)

   A.   Request For Permit: To ensure that proposed development activity can be carried out in a manner which is compatible and harmonious with the natural amenities of the Lowland Conservancy Overlay District and with surrounding land uses, a request for a special use permit for such development activity must be submitted for approval by the governing body of the Village.

No special use permit shall be issued unless the Village finds that:

      1.   The development will not detrimentally affect or destroy natural features such as ponds, streams, wetlands, and forested areas, nor impair their natural functions, but will preserve and incorporate such features into the development's site;

      2.   The location of natural features and the site's topography have been considered in the designing and siting of all physical improvements;

      3.   Adequate assurances have been received that the clearing of the site of topsoil, trees, and other natural features will not occur before the commencement of building operations; only those areas approved for the placement of physical improvements may be cleared;

      4.   The development will not reduce the natural retention storage capacity of any watercourse, nor increase the magnitude and volume of flooding at other locations; and that in addition, the development will not increase stream velocities; and

      5.   The soil and subsoil conditions are suitable for excavation and site preparation, and the drainage is designed to prevent erosion and environmentally deleterious surface runoff.

There shall be no development, including the immediate or future clearing or removal of natural ground cover and/or trees, within the Lowland Conservancy Overlay District for any purpose, unless a special use permit is granted subject to the provisions of this Chapter or the provisions of the Village Zoning Ordinance.

Dumping, filling, mining, excavating, dredging, or transferring of any earth material within the District is prohibited unless a special use permit is granted.

No ponds or impoundments shall be created nor other alterations or improvements shall be allowed in the District for recreational uses, storm water management, flood control, agricultural uses or as scenic features unless a special use permit is granted.

   B.   Application For Permit: Application for a special use permit shall be made by the owner of the property, or his/her authorized agent, to the Village 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. 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.

   C.   Submissions: Each application for a special use permit shall be accompanied by the following information as specified in the Chapter sections cited:

 

Where a proposed development activity is less than two and one-half (21/2) acres in area the corporate authority, upon recommendation of the Village Engineer, may waive or simplify any or all of the submission requirements 1 provided that the person responsible for any such development shall implement necessary protection measures to satisfy the purpose and intent set forth in Section 4-13-3 of this Chapter 2 .

   D.   Bonds: The applicant may be required to file with the Village a faithful performance bond or bonds, letter of credit, or other improvement security satisfactory to the Village Attorney, in an amount deemed sufficient by the Village to cover all costs of improvements, landscaping, for such period as specified by the Village, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.

   E.   Review And Approval: Each application for a special use permit shall be reviewed and acted upon according to the following procedures:

      1.   The Village will review each application for a special use permit to determine its conformance with the provisions of this Chapter. The Village may also refer any application to any other local government or public agency within whose jurisdiction the site is located for review and comments. Within sixty (60) days after receiving an application, the Village 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 special use permit shall be issued for an intended development site unless:

         a.   The development, including, but not limited to, subdivisions and planned unit developments, has been approved by the Village where applicable; or

         b.   Such permit is accompanied by or combined with a valid building permit issued by the Village; or

         c.   The proposed development is coordinated with any overall development program previously approved by the Village for the area in which the site is situated.

      3.   Failure of the Village to act on an original or revised application within thirty (30) 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 Village and the applicant. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the Village.

   F.   Permit Exceptions: The provisions of this Chapter shall not apply to:

      1.   Emergency work necessary to preserve life or property; when emergency work is performed under this Section, the person performing it shall report the pertinent facts relating to the work to the corporate authority within ten (10) days after commencement of the work and shall thereafter obtain a special use permit and shall perform such work as may be determined by the agency to be reasonably necessary to correct any impairment to the watercourse, lake, pond, flood plain or wetland 3 ;

      2.   Work consisting of the operation, repair, or maintenance of any lawful use of land existing on the date of adoption of this Chapter;

      3.   Lands adjacent to farm ditches if:

         a.   Such lands are not adjacent to a natural stream or river; or

         b.   Those parts of such drainage ditches adjacent to such lands were not streams before ditching; or

         c.   Such lands are maintained in agricultural uses without buildings and structures.

Where farm ditches are found to contribute to adverse environmental impacts or hazards to persons or property, the Village may include designated farm ditches in the District. The Village may also require that linings, bulkheads, dikes and culverts be removed to mitigate hazards, or that other mitigative measures be taken, such as the maintenance of a natural vegetation buffer strip.

   G.   Effect On Other Permits: The granting of a special use permit under the provisions herein shall in no way affect the owner's responsibility to obtain the approval required by any other statute, ordinance, or regulation of any state agency or subdivision thereof, or to meet other Village ordinances and regulations. Where State and/or Federal permits are required, a special use permit will not be issued until they are obtained. (Ord. 642, 12-3-1996)

This Chapter applies to development in or near streams, lakes, ponds and wetlands within the Village. Streams, lakes, and ponds (including intermittent streams) are those which are shown on the United States Department of the Interior Geological Survey (USGS) 7.5 minute quadrangle maps and those additional streams, lakes, and ponds delineated on maps adopted as part of this Chapter. Those maps are hereby made a part of this Chapter, and two (2) copies thereof shall remain on file in the office of the Village Administrator for public inspection. Within the jurisdiction of the Village, those waterbodies and watercourses that are named and are subject to the provisions of this Chapter are Wilson Creek, Prairie Creek and Jackson Creek. Wetlands are those designated in the U.S. Fish and Wildlife Service/Illinois Department of Conservation wetland inventory and those additional wetlands delineated on maps adopted as part of this Chapter.

If new drainage courses, lakes, ponds or wetlands are created as part of a development, the requirements for setbacks and uses within setbacks, and the criteria for watercourse relocation and minor modification shall apply. The District shall be amended as appropriate to include these areas. (Ord. 642, 12-3-1996)

The Lowland Conservancy Overlay District shall be considered as an overlay to the zoning districts created by the Village Zoning Ordinance as amended. In addition to the requirements of this Chapter, applicants for a special use permit within the District shall meet all requirements of the underlying zoning districts. In the event of a conflict between the overlay district requirements and the underlying zoning district requirements, the most restrictive requirements prevail. (Ord. 642, 12-3-1996)

The procedures, standards and requirements contained in this Chapter shall apply to all lots within wetlands and streams, and all lots lying wholly or in part:

   A.   Within the Special Flood Hazard Area (SFHA) designated by the Federal Emergency Management Agency (FEMA); or

   B.   Within one hundred feet (100') of the ordinary high-water mark (OHWM) of a perennial stream or intermittent stream, the ordinary high-water mark of a lake or pond, or the edge of a wetland; or

   C.   Within depressional areas serving as flood plain or storm water storage areas, as designated on the Lowland Conservancy District Map.

The District is designated on a map labeled "Lowland Conservancy Overlay District Map", which is made to be part of this Chapter and which has the same force and effect as if all the notations, references, and descriptions shown thereon were set forth or described herein. Designated areas are attached as Exhibit "B" 1 and additional areas may be approved from time to time and be made exhibits hereto. (Ord. 642, 12-3-1996)

   A.   Absolutely no development activity (except as provided below) may occur within the minimum setback which is defined as one hundred feet (100') from the ordinary high-water mark of streams, lakes and ponds, or the edge of wetlands, or within a designated depressional area. In no case shall the setback be less than the boundary of the 100-year floodway as defined by FEMA. These setback requirements do not apply to a stream in a culvert unless the stream is taken out of the culvert as part of development activity. If a culvert functions as a low-flow culvert, where water is intended to periodically flow over it, the setback requirements apply.

   B.   The following development activities may be permitted, subject to issuance of a special use permit, within the minimum setback areas only if, as a practical matter, they cannot be located outside the setback area. Such development activities will only be approved based upon a report, prepared by a qualified professional, which demonstrates that they will not adversely affect water quality; destroy, damage or disrupt significant habitat area; adversely affect drainage and/or storm water retention capabilities; adversely affect flood conveyance and storage; lead to unstable earth conditions, create erosion hazards, or be materially detrimental to any other property in the area of the subject property or to the Village as a whole, including the loss of open space or scenic vistas:

      1.   Minor improvements such as walkways, benches, comfort stations, informational displays, directional signs, foot bridges, observation decks, and docks;

      2.   The maintenance, repair, replacement, and reconstruction of existing highways and bridges, electrical transmission and telecommunications lines, poles, and towers; and

      3.   The establishment and development of public and private parks and recreation areas, outdoor education areas, historic natural and scientific areas, game refuges, fish and wildlife improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps.

   C.   Review of the proposed development activity within the minimum setback area will consider the following:

      1.   Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches, or the development of park shelters or similar structures is allowed. The development and maintenance of roads, parking lots and other impervious surfaces necessary for permitted uses are allowed only on a very limited basis, and where no alternate location outside of the setback area is available.

      2.   Land surface modification within the minimum setback shall be permitted for the development of storm water drainage swales between the developed area of the site (including a storm water detention facility on the site) and a stream, lake or pond, or wetland. Detention basins within the setback are generally discouraged, unless it can be shown that resultant modifications will not impair water quality, habitat, or flood storage functions.

      3.   No filling or excavating within wetlands is permitted except to install piers for the limited development or walkways and observation decks. Walkways and observation decks should avoid high quality wetland areas, and should not adversely affect natural areas designated in the Illinois Natural Areas Inventory or the habitat of rare or endangered species.

      4.   Wetland area occupied by the development of decks and walkways must be mitigated by an equal area of wetland habitat improvement.

      5.   Modification of degraded wetlands for purposes of storm water management is permitted where the quality of the wetland is improved and total wetland acreage is preserved. Where such modification is permitted, wetlands shall be protected from the effects of increased storm water runoff by measures such as detention or sedimentation basins, vegetated swales and buffer strips, and sediment and erosion control measures on adjacent developments. The direct entry of storm sewers into wetlands shall be avoided.

   D.   Environmental impact analysis of wetland modification may be required in accordance with Section 4-13-8 of this Chapter.

   E.   An applicant for a special use permit 1 must stabilize areas left exposed after land surface modification with vegetation normally associated with that stream or wetland. The planting of native riparian vegetation is recommended as the preferred stabilization measure. Other techniques should be used only when and where vegetation fails to control erosion. The preferred alternative is riprap, using natural rock materials where practicable, installed on eroding bank areas in a manner that provides interstitial space for vegetative growth and habitat for macroinvertebrates and other stream organisms. Linings of the stream channel bottom is not permitted.

   F.   The applicant shall minimize access to the applicant's proposed development activity within all or part of the Lowland Conservancy Overlay District where such access could adversely affect the stream, lake, pond, wetland, or related environmentally sensitive areas. (Ord. 642, 12-3-1996)

   A.   A site development plan must be prepared for any proposed development within, or partly within, the Lowland Conservancy Overlay District and must indicate:

      1.   Dimension and area of parcel, showing also the vicinity of the site in sufficient detail to enable easy location, in the field, of the site for which the special use permit is sought, and including the boundary line, underlying zoning, a legend, a scale, and a north arrow. (This requirement may be satisfied by the submission of a separate vicinity map.);

      2.   Location of any existing and proposed structures;

      3.   Location of existing or proposed on-site sewage systems or private water supply systems;

      4.   Location of any perennial or intermittent stream, lake or pond, and its ordinary high-water mark;

      5.   Location and landward limit of all wetlands;

      6.   Location of setback lines as defined in this Chapter;

      7.   Location of the 100-year floodway;

      8.   Location of existing or future access roads;

      9.   Specifications and dimensions of stream, wetland or other water areas proposed for alterations;

      10.   Cross sections and calculations indicating any changes in flood storage volumes; and

      11.   Such other information as reasonably requested by (local government name).

   B.   The applicant shall present evidence, prepared by a qualified professional, that demonstrates that the proposed development activity will not endanger health and safety, including danger from the obstruction or diversion of flood flow. The developer shall also show, by submitting appropriate calculations and resource inventories, that the proposed development activity will not substantially reduce natural flood water storage capacity, destroy valuable habitat for aquatic or other flora and fauna, adversely affect water quality or ground water resources, increase storm water runoff velocity so that water levels on other lands are substantially raised or the danger from flooding increased, or adversely impact any other natural stream, flood plain, or wetland functions, and is otherwise consistent with the intent of this Chapter. (Ord. 642, 12-3-1996)

The site proposed for development shall be investigated to determine the soil and geologic characteristics, including soil erosion potential. A report, prepared by a licensed professional engineer, geoscientist, or soil scientist experienced in the practice of geologic and soil mechanics, shall be submitted with every application for land development within the Lowland Conservancy Overlay District. This report shall include a description of soil type and stability of surface and subsurface conditions. Any area which the investigation indicates as being subject to geologic or soil hazards shall not be subjected to development, unless the engineer or soil scientist can demonstrate conclusively that these hazards can be overcome. (Ord. 642, 12-3-1996)

A drainage control plan that describes the hydraulic characteristics of on-site and nearby watercourses as well as the proposed drainage plan, prepared by a registered professional engineer experienced in hydrology and hydraulics, shall be submitted with each application for land development within the Lowland Conservancy Overlay District. Unless otherwise noted, the following restrictions, requirements and standards shall apply to all development within the Lowland Conservancy Overlay District:

   A.   Natural open channel drainageways shall be preserved; and

   B.   Runoff from areas of concentrated impervious cover (e.g., roofs, driveways, streets, patios, etc.) shall be collected and transported to a drainageway (preferably a natural drainageway) with sufficient capacity to accept the discharge without undue erosion or detrimental impact. Vegetated drainage swales, are preferred over conveyances constructed of concrete or other manufactured materials.

The drainage control plan shall identify appropriate measures, such as recharge basins and detention/retention basins, which will limit the quantitative and qualitative effects of storm water runoff to predevelopment conditions. (Ord. 642, 12-3-1996)

This Section applies to the extent that grading and excavation and erosion control plans, which satisfy the following requirements, are not already required by a jurisdiction.

   A.   A site grading and excavation plan, prepared by a registered professional engineer, trained and experienced in civil engineering, shall be submitted with each application for a special use permit and shall include the following:

      1.   Details of the existing terrain and drainage pattern with one foot (1') contours;

      2.   Proposed site contours at one foot (1') intervals;

      3.   Dimensions, elevation and contours of grading, excavation and fill;

      4.   A description of methods to be employed in disposing of soil and other material that is removed from allowable grading and excavation sites, including location of the disposal site if on the property;

      5.   A schedule showing when each stage of the project will be completed, including the total area of soil surface to be disturbed during each stage, and estimated starting and completion dates. The schedule shall be prepared so as to limit, to the shortest possible period, the time soil is exposed and unprotected. In no case shall the existing natural vegetation be destroyed, removed or disturbed more than fifteen (15) days prior to initiation of the improvements; and

      6.   A detailed description of the revegetation and stabilization methods to be employed, to be prepared in conjunction with the landscape plan per Section 4-13-6-8 of this Chapter. This description should include locations of erosion control measures such as sedimentation basins, straw bales, diversion swales, etc.

The grading and excavation plan must be consistent with all the provisions of this Chapter.

   B.   Unless otherwise provided in this Chapter, the following restrictions, requirements and standards shall apply to all development within the District:

      1.   Every effort shall be made to develop the site in such a manner so as to minimize the alteration of the natural topography;

      2.   No grading, filling, cleaning, clearing, terracing or excavation of any kind shall be initiated until final engineering plans are approved and the special use permit is granted by the Village; and

      3.   The depositing of any excavation, grading or clearing material within a stream, lake, pond or wetland area (i.e., within the District) shall be prohibited.

In addition to locating all site improvements on the subject property to minimize adverse impacts on the stream, lake, pond, or wetland, the applicant shall install a berm, curb, or other physical barrier during construction, and following completion of the project, where necessary, to prevent direct runoff and erosion from any modified land surface into a stream, lake, pond, or wetland. All parking and vehicle circulation areas should be located as far as possible from a stream, lake, pond, or wetland.

   C.   The Village may limit development activity in or near a stream, lake, pond, or wetland to specific months, and to a maximum number of continuous days or hours, in order to minimize adverse impacts. Also, the Village may require that equipment be operated from only one side of a stream, lake, or pond in order to minimize bank disruption. Other development techniques, conditions, and restrictions may be required in order to minimize adverse impacts on streams, lakes, ponds or wetlands, and on any related areas not subject to development activity. (Ord. 642, 12-3-1996)

   A.   To minimize erosion, stabilize the streambank, protect water quality, maintain water temperature at natural levels, preserve fish and wildlife habitat, to screen manmade structures, and also to preserve aesthetic values of the natural watercourse and wetland areas, a natural vegetation strip shall be maintained along with edge of the stream, lake, pond, or wetland. The natural vegetation strip shall extend landward a minimum of twenty five feet (25') from the ordinary high-water mark of a perennial or intermittent stream, lake or pond and the edge of a wetland.

Within the natural vegetation strip, trees and shrubs may be selectively pruned or removed for harvest of merchantable timber, to achieve a filtered view of the waterbody from the principal structure and for reasonable private access to the stream, lake, pond, or wetland. Said pruning and removal activities shall ensure that a live root system stays intact to provide for streambank stabilization and erosion control.

   B.   A landscape plan, prepared by a professional landscape architect, shall be submitted with each special use permit application for development activity within the Lowland Conservancy Overlay District and contain the following:

      1.   A plan describing the existing vegetative cover of the property and showing those areas where the vegetation will be removed as part of the proposed construction; and

      2.   A plan describing the proposed revegetation of disturbed areas specifying the materials to be used.

The vegetation must be planned in such a way that access for stream maintenance purposes shall not be prevented. (Ord. 642, 12-3-1996)

   A.   Relocations And Modifications Through Special Use Permit: Watercourse relocation or modification is generally not permitted because these activities are not usually consistent with the purposes of this Chapter. Under certain circumstances, relocation and minor modification may be permitted through a special use permit where certain problems can be mitigated by relocation and/or minor modification, specifically when:

      1.   Off-site hydrologic conditions are causing erosion, flooding and related problems; or

      2.   On-site soil and geologic conditions are resulting in unstable conditions that pose hazards to life, health, and existing structures or property; or

      3.   The quality of previously modified or relocated streams can be improved through restoration; or

      4.   Officially adopted storm water management plans call for placement of detention or retention facilities in a stream; or

      5.   Public utilities, including sanitary sewers, pipelines, and roadways require stream crossing or relocation where there are not practical alternatives.

Modification or watercourses as a convenience for site design purposes is not permitted.

   B.   Conditions And Restrictions For Permitting Stream Modification: Stream modification, when permitted, is subject to the following conditions and restrictions:

      1.   Water quality, habitat and other natural functions must be significantly improved by the modification; no significant habitat area may be destroyed;

      2.   The amount of flow and velocity of a stream is not to be increased or decreased as the stream enters or leaves a subject property, unless this reflects an improvement over previous conditions in terms of reduced flooding, reduced erosion, or enhanced low-flow conditions;

      3.   Prior to diverting water into a new channel, a qualified professional approved by the Village shall inspect the stream modification, and issue a written report to the Village that the modified stream complies with the requirements in subsection C of this Section; and

      4.   Stream channel enlargement, or other modifications that would increase conveyance, shall not be permitted if the intended purpose is to accommodate development activities in the flood plain.

   C.   Required Content: Stream relocation may be permitted in accordance with a stream relocation plan which provides for:

      1.   The creation of a natural meander pattern, pools, riffles, and substrate;

      2.   The formation of gentle side slopes (at least 3 feet horizontally per 1 foot vertically), including installation of erosion control features;

      3.   The utilization of natural materials wherever possible;

      4.   The planting of vegetation normally associated with streams, including primarily native riparian vegetation;

      5.   The creation of spawning and nesting areas wherever appropriate;

      6.   The reestablishment of the fish population wherever appropriate;

      7.   The restoration of water flow characteristics compatible with fish habitat areas, wherever appropriate;

      8.   The filling and revegetation of the prior channel;

      9.   A proposed phasing plan, specifying time of year for all project phases;

      10.   Plans for sediment and erosion control; and

      11.   Establishment of a low-flow channel which reflects the conditions of a natural stream.

   D.   Criteria For Permitting Armoring Of Channels And Banks: Armoring in the form of bulkheads, riprap or other materials or devices is not permitted except in accordance with the following:

      1.   Significant erosion cannot be prevented in any other way and the use of vegetation and gradual bank slopes has not sufficiently stabilized the shoreline or bank;

      2.   The bulkhead or other device is not placed within a wetland, or between a wetland and a lake or pond;

      3.   The bulkhead, riprap or other device will minimize the transmittal of wave energy or currents to other properties; and

      4.   The change in the horizontal or vertical configuration of the land must be kept to a minimum.

Where permission to install bulkheads or other armoring devices is requested as part of the special use permit application, documentation and certification pertaining to the items above must be submitted.

   E.   Criteria For The Use Of Culverts: Culverts are not permitted in streams except in accordance with the following:

      1.   Where a culvert is necessary for creating access to a property; use of culverts as a convenience, in order to facilitate general site design, is not to be considered;

      2.   The culvert must allow passage of fish inhabiting the stream, and accommodate the 100-year flood event without increasing upstream flooding, except where a restricting culvert is desirable as part of an overall storm and flood water management plan;

      3.   The culvert must be maintained free of debris and sediment to allow free passage of water, and if applicable, fish; and

      4.   The stream bottom should not be significantly widened for the placement of a culvert as this increases siltation; if multiple culverts must be installed, one culvert should be at the level of the bottom of the stream and the others at or above normal water elevation.

   F.   Criteria For On-Stream Impoundments: Impoundment of streams is not permitted except in accordance with the following:

      1.   The impoundment is determined to be in the public interest by providing regional storm water detention, flood control, or public recreation;

      2.   The impoundment will not prevent the upstream migration of indigenous fish species;

      3.   A nonpoint source control plan has been implemented in the upstream watershed to control the effects of sediment runoff as well as minimize the input of nutrients, oil and grease, metals, and other pollutants;

      4.   Impoundments without permanent low-flow pools are preferred except where a permanent pool is necessary to achieve the intended benefits of the impoundment (e.g., recreation or water quality mitigation); and

      5.   Impoundment design shall include gradual bank slopes, appropriate bank stabilization measures, and a presedimentation basin. (Ord. 642, 12-3-1996)

The Village may ask an applicant to submit a report prepared by a qualified professional, and approved by the Village, in order to assess the potential impact of proposed development on a lake, stream or wetland and associated environmentally sensitive areas, including loss of flood storage potential, loss of habitat, changes in species diversity and quantity, impacts on water quality, increases in human intrusion, and impacts on associated streams, lakes, ponds, wetlands or downstream areas. (Ord. 642, 12-3-1996)

The applicant shall grant an access easement for stream maintenance purposes to the Village over twenty five feet (25') parallel to the stream bank. (Ord. 642, 12-3-1996)

Nonconforming uses shall conform to the requirements of Chapter 8 of this Title. (Ord. 642, 12-3-1996)

   A.   The Board of Appeals shall conform to the requirements of Section 4-12-1-2 of this Title.

   B.   Variances shall conform to the requirements of Section 4-12-3 of this Title.

   C.   Appeals shall conform to the requirements of Section 4-12-4 of this Title. (Ord. 642, 12-3-1996)

The Village may require the posting of a bond or surety to ensure compliance with any aspect of this Chapter. (Ord. 642, 12-3-1996)

Prior to issuance of a construction permit, the applicant shall enter into an agreement with the Village which runs with the property, in a form acceptable to the Village for any damage resulting from development activity on the subject property which is related to the physical condition of the stream or wetland. (Ord. 642, 12-3-1996)

Every section, provision, or part of this Chapter is declared separable from every other section, provision, or part; and if any section, provision, or part thereof shall be held invalid, it shall not affect any other section, provision, or part. (Ord. 642, 12-3-1996)

The requirements of this Chapter apply to all platted and unplatted lands within the jurisdiction of Village. (Ord. 642, 12-3-1996)

Authority for administration of this Chapter resides with the Zoning Administrator. Appeals regarding decisions of the Zoning Administrator in granting special permits shall be made according to the provisions of subsection 4-13-11C of this Chapter.

   A.   Stop-Work Order; Revocation Of Permit: In the event any person holding a special use permit pursuant to this Chapter violates the terms of the permit, or carries on-site development in such a manner so as to materially and 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 Village may suspend or revoke the special use permit.

      1.   Suspension of a permit shall be by a written stop-work order issued by the Village 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 Board of Appeals, at which the conditions of subsection A2 of this Section can be met.

      2.   No special use permit shall be permanently suspended or revoked until a hearing is held by the Board of Appeals. 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; and

         b.   The time when and place where such hearing will be held. 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/her behalf. At the conclusion of the hearing the Board of Appeals shall determine whether the permit shall be suspended or revoked. (Ord. 642, 12-3-1996)

No person shall undertake or continue any development activity 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 shall be punished by a fine as established in section 1-4-1 of this code for each offense. In addition to any other penalty authorized by this section, any person 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. 642, 12-3-1996; amd. Ord. 1061, 4-20-2010)