For the purposes of this Chapter of the Village Code, certain terms herein are defined as stated herein:

BUILDING PERMIT: A permit issued by the Village for the construction, erection or alteration of a structure or building.

CERTIFY or CERTIFICATION: 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.

CUBIC YARDS: The amount of material in excavation and/or fill measured by the method of "average end 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 a person or persons, to another 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.

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

PARCEL: All contiguous land in one ownership.

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.

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 formed as a single unified operation.

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

SITE DEVELOPMENT PERMIT: A permit issued by the Village of Posen 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 top soil.

VACANT: Land on which there are no structures or only structures which are secondary to the use or maintenance of the land itself.

VILLAGE: The Village of Posen, Cook County, Illinois.

VILLAGE BOARD: The Village President and Board of Trustees of the Village of Posen.

VILLAGE PLAN COMMISSION or PLAN COMMISSION: The Plan Commission of the Village of Posen.

It is the objective of this Chapter to control soil erosion and sedimentation caused by development activities in the Village. Measures taken to control erosion and sedimentation should be adequate to assure that sediment is not transported from the site by a storm event of ten (10) year frequency or less. The following principles shall apply to all development activities within the Village and to the preparation of the submissions required under Section 11-15-3 of this Chapter.

   (A)   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.

   (B)   Natural vegetation should be retained and protected wherever possible. Areas immediately adjacent to natural watercourses should be left undisturbed wherever possible.

   (C)   The smallest practical area of land should be exposed for the shortest practical time during development.

   (D)   Sediment basins, debris basins, desilting basins, or silt traps or filters should be installed and maintained to remove sediment from run-off waters from land undergoing development.

   (E)   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.

   (F)   In the design of erosion control facilities and practices, aesthetics and the requirements of continuing maintenance should be considered.

   (G)   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.

   (H)   Permanent vegetation and structures should be installed as soon as practical during development.

   (A)   Permit Required: Except as otherwise provided in this Chapter, no person shall commence or perform any grading, stripping, excavating or filling of land without having first obtained a site development permit from the Village President and Board of Trustees of the Village.

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

      1.   Development of a site of less than five (5) acres for residential use, or of less than two and one-half (21/2) acres for commercial or industrial use; provided, that the person responsible for any such development shall implement necessary erosion and sedimentation control measures to satisfy the principles set forth in Section 11-15-2 of this Chapter;

      2.   Excavation below final grade for the basement and footings of a single-family residence and appurtenant structures on a site in excess of five (5) acres for which a building permit has been issued by the Village;

      3.   Agricultural use of land, including the implementation of conservation measures included in a farm conservation plan;

      4.   Removal of a septic system.

   (C)   Application for Permit: Application for a site development permit shall be made by the owner of the property or the owner's authorized agent to the Village Board 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 one hundred fifty dollars ($150.00). 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.

   (D)   Submissions: 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 scale.

      2.   A development plan of the site showing:

         (a)   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.

         (b)   The location of existing buildings, structures, utilities, water bodies, flood plains, 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.

         (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 excavation, grading and filling; proposed contours, furnished grades and street profiles; provisions for storm drainage, including the control of accelerated run-off, with a drainage area map 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:

         (a)   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.

         (b)   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.

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

         (d)   Identification of the person(s) or entity which will have legal responsibility for maintenance of erosion control structures and measures 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 and temporary sediment control measures, installation of storm drainage, paving streets and parking areas, and establishment of permanent vegetative cover.

These submissions shall be prepared in accordance with the standards and requirements contained in "Procedures and Standards for Soil Erosion and Sedimentation Control in Northeastern Illinois", prepared by the Northeastern Illinois Erosion and Sedimentation Control Steering Committee and adopted by the Will-Cook Soil and Water Conservation District, which standards and requirements are hereby incorporated into this Ordinance by reference.

The Village Board may waive specific requirements for the content of submissions upon finding that the information submitted is sufficient to show that the work will comply with the objectives and principles of this Chapter.

   (E)   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 Board in an amount deemed sufficient by the Village Board to cover all costs of improvements, landscaping, maintenance of improvements and landscaping, for such period as specified by the Village Board, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.

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

      1.   The Village Board will review each application for a site development permit to determine its conformance with the provisions of this Chapter. The Village Board may also refer any application to the Will-Cook 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 Village Board 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:

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

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

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

      3.   Failure of the Village Board to act on an original or revised application within sixty (60) 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 Board 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 Board.

   (G)   Appeals: The applicant, or any person or agency which received notice of the filing of the application, may appeal the decision of the Village Board as recited in subsection 11-15-3(F) of this Chapter, to the Village Plan Commission. Upon receipt of an appeal, which (a) shall be made within sixty days after the date of decision of the Village Board; and (b) shall be accompanied by a two hundred dollar ($200.00) appeal filing fee, the Plan Commission shall schedule and hold a public hearing after fifteen (15) days' notice thereof. The Plan Commission shall submit a decision within thirty (30) days after the hearing. Factors to be considered for review 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; run-off 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. The decision of the Plan Commission shall affirm or reverse the decision of the Village Board.

   (H)   Retention of Plans: Plans, specifications and reports for all site developments shall be retained in original form or on microfilm by the Village Board.

   (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 of paragraph 11-15-3(B)1 of this Chapter, shall be subject to the applicable standards and requirements set forth in this Section.

   (B)   Responsibility: The permittee shall not be relieved of responsibility for damage to persons or property otherwise imposed by law, and the Village or its officers or agents will not be liable for such damage by:

      1.   The issuance of a permit under this Chapter;

      2.   Compliance with the provisions of that permit or with conditions attached to it by the Village Board;

      3.   Failure of the Village officials to observe or recognize hazardous or unsightly conditions;

      4.   Failure of the Village officials to recommend denial of or to deny a permit; or

      5.   Exemptions from the permit requirements of this Chapter.

   (C)   Handbook Adopted by Reference: The standards and specifications contained in "Procedures and Standards for Soil Erosion and Sedimentation Control in Illinois", cited in subsection 11-15-3(D), are hereby incorporated into this Section 11-15-4 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 11-15-3. In the event of conflict between provisions of said manual and of this Chapter, this Chapter shall govern.

   (D)   Inspection: The Village Building Inspector will make inspections as hereinafter required on behalf of the Village Board 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 stamp of approval of the Village Board shall be maintained at the site during progress of the work. In order to obtain inspections, the permittee shall notify the Village Building Inspector at least two (2) working days before the completion of:

      1.   Stripping and clearing;

      2.   Rough grading;

      3.   Final grading; and/or

      4.   Final landscaping.

If stripping, clearing, grading and/or landscaping 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. If an inspection is not made and notification of the results given within five (5) working days after notice is received by the Village Building Inspector from the permittee, the permittee may continue work at his own risk, without presuming acceptance by the Village. Notification of the results of the inspection shall be given in writing at the site.

   (E)   Special Precautions:

      1.   If at any stage of the grading of any development site the Village Board 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 Village Board 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 recommendations of a registered soils engineer and/or engineering geologist which may be made requirements for further work.

      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 Village Board 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.

   (F)   Amendment of Plans: Major amendments of the site development or erosion and sedimentation control plans shall be submitted to the Village Board 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 Village Board by written authorization to the permittee.

   (G)   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 eighty (180) days, or is not completed by a date which shall be specified in the permit; except that the Village Board 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.

   (A)   Exceptions: The Posen Plan Commission 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. In order for the petition to be granted, it shall be necessary that the Plan Commission find all of the following facts with respect to the land referred to in the petition:

         (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;

         (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 Village Board for review. The Village Board shall transmit its recommendations to the Plan Commission which shall review such recommendations prior to granting or denying the exception.

      3.   The Plan Commission shall hold a public hearing on each application for exception within thirty (30) days after receiving application, in the manner provided with respect to appeals. After public hearing, the Plan Commission 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.

   (B)   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 injurious to property or improvements in the neighborhood, the Village Board may suspend or revoke the site development permit.

      1.   Suspension of a permit shall be by a written stop-work order issued by the Village Board and delivered to the permittee or his agent or to 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 Plan Commission at which the conditions of paragraph 2 herein can be met.

      2.   No site development permit shall be permanently suspended or revoked until a hearing is held by the Plan Commission. 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 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 behalf. At the conclusion of the hearing, the Plan Commission shall determine whether the permit shall be suspended or revoked.

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 a misdemeanor. 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 pay the expense of such restoration. (Ord. 82-11, 6-8-82)