The purpose of this division is to diminish threats to public health and safety, protect property, prevent damage to the environment and promote public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any development or redevelopment or other activity that disturbs or breaks the topsoil or otherwise results in the movement of earth and/or changes the stormwater drainage pattern and/or stormwater flows from that which would have occurred if the land had been left in its natural state. This stormwater runoff and resulting soil erosion could result in the inundation of damageable properties, the erosion and destabilization of downstream channels, and the pollution of valuable stream and lake resources. One cause of increases in stormwater runoff quantity or rate and impairment of quality, and loss of valuable topsoil is the development or redevelopment of the land. This division is adopted to accomplish the following objectives:

(a)

To assure that development or redevelopment does not increase drainage or flood hazards, or create unstable conditions susceptible to soil erosion.

(b)

To protect new buildings and major improvements to buildings from flood damage due to increased stormwater runoff and soil erosion.

(c)

To protect human life and health from the hazards of increased flooding and soil erosion on a watershed basis.

(d)

To lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public facilities and utilities, correction of channel erosion problems, and flood rescue and relief operations caused by stormwater runoff and soil erosion quantities from development or redevelopment.

(e)

To protect, conserve and promote the orderly development of land and soil, water, air, animal and plant resources.

(f)

To preserve the natural hydrologic and hydraulic functions of watercourses and floodplains and to protect water quality and aquatic habitats.

(g)

To preserve the natural characteristics of stream corridors in order to manage flood and stormwater impact, improve water and groundwater quality, reduce soil erosion, protect aquatic and riparian habitats, maintain quality forest resources, provide recreational opportunities, provide aesthetic benefits, enhance community and economic development.

The St. Clair Coil and Water Conservation District and the City of Mascoutah hereby find as follows:

(a)

The soil types found in St. Clair County, Illinois are susceptible to erosion and, if left unprotected, could cause severe loss of soil with resultant damage to property, public safety, and the environment.

(b)

The topography of St. Clair County, Illinois contains areas with steep slopes upon which, if clearing of trees and/or inappropriate construction takes place, could result in severe erosion and slope stability problems which could result in damage to property.

(c)

Excessive quantities of soil may erode from areas undergoing development for certain non-agricultural uses including but not limited to the construction of dwelling units, commercial buildings and industrial plants, the building of roads and highways, the modification of stream channels and drainage ways, and the creation of recreational facilities.

(d)

The washing, blowing, and falling of eroded soil across and upon roadways endangers the health and safety of users thereof, by decreasing vision and reducing traction of road vehicles.

(e)

Soil erosion necessitates the costly repairing of gullies, washed-out fills, and embankments.

(f)

Sediment from soil erosion tends to clog sewers and ditches and to pollute and silt rivers, streams, lakes, sinkholes, wetlands, and reservoirs.

(g)

Sediment limits the use of water and waterways for most beneficial purposes, promotes the growth of undesirable aquatic weeds, destroys fish and other desirable aquatic life, and is costly and difficult to remove.

(h)

Sediment reduces the channel capacity of waterways and the storage capacity of floodplains and natural depressions, resulting in increased chances of flooding at risk to public health and safety.

(Sec. 8.1.2)

This Division is enacted in accordance with the Soil and Water Conservation Districts Act as found at 70 ILCS Sec. 405/1 et seq. and specifically pursuant to the authority specified in Section 23 of that Act entitled "Adoption of land use regulations" and codified at 70 ILCS Sec. 405/23.

(Sec. 8.1.3)

Except as otherwise provided in this division, no person shall commence any development or redevelopment activities without first obtaining a stormwater management and erosion control permit from the soil and water conservation district office. This division shall apply to all development and redevelopment in the incorporated portion of the city and to any subdivision within one and one-half miles of the city that is subject to subdivision plat approval by the city.

(Sec. 8.1.4)

The St. Clair County Soil and Water Conservation District's Stormwater Management and Erosion Control Regulations are hereby adopted by the city as the stormwater management and erosion control regulations for the city.

(Sec. 8.1.5)

No buildings shall be constructed within the designated floodway portion of any 100-year floodplain.

(Sec. 8.2.1)

Areas located in a 100-year floodplain and designated as part of the flood fringe may be developed provided that buildings are constructed at least one foot above the minimum flood elevation.

(Sec. 8.2.2)

Residential developments proposed over mined areas should acquire insurance for mine subsidence.

(Sec. 8.3.1)

Commercial and industrial developments should avoid lands located over mined areas. Such developments shall provide information on the possibility of mine subsidence to all tenants prior to leasing space in commercial or industrial buildings.

(Sec. 8.3.2)