G11-94 CITY OF ELGIN
ORDINANCE NO. G11-94
AN ORDINANCE
PROVIDING FOR THE REGULATION OF SOIL EROSION
AND SEDIMENTATION CONTROL
e"k ADOPTED BY THE
CITY COUNCIL OF THE
CITY OF ELGIN
ON THIS 23RD DAY OF MARCH, 1994
Published in pamphlet form by
authority of the City Council of
the City of Elgin, Kane and Cook
Counties, Illinois, on this
e`` 24th day of March, 1994 .
STATE OF ILLINOIS
ss .
COUNTY OF KANE )
CERTIFICATE
I, Dolonna Mecum, certify that I am the duly appointed
and acting municipal clerk of the City of Elgin, Cook and Kane
Counties, Illinois .
I further certify that on March 23, 1994, the
Corporate Authorities of such municipality passed and approved
Ordinance No. G11-94, entitled An Ordinance Providing for the
Regulation of Soil Erosion and Sedimentation Control, which
provided by its terms that it should be published in pamphlet
form.
The pamphlet form of Ordinance No. G11-94, including
the Ordinance and a cover sheet thereof, was prepared, and a
copy of such Ordinance was posted in the municipal building,
commencing on March 24, 1994, and continuing for at least ten
days thereafter. Copies of such Ordinance were also available
for public inspection upon request in the office of the
municipal clerk.
DATED at Elgin, Illinois, on March 24, 1994 .
Municipal Clerk
(SEAL)
Ordinance No. G11-94
AN ORDINANCE
PROVIDING FOR THE REGULATION OF SOIL EROSION AND
SEDIMENTATION CONTROL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS :
Section 1 . That Title 21 of the Elgin Municipal Code,
1976 , as amended, be and is hereby further amended by adding
Chapter 21 .20 entitled "Soil Erosion and Sedimentation Control"
to read as follows:
CHAPTER 21.20
SOIL EROSION AND SEDIMENTATION CONTROL
Sections :
21 . 20 . 010 General Regulations
21 . 20 . 020 Definitions
21 .20 . 030 Plan and Permit
21 .20 . 040 Design Standards and Requirements
fek 21 .20 . 050 Construction Procedures and Requirements
21 .20 . 060 Fee, Bonds, Appeals, Exceptions, Suspension,
Separability and Inclusivity
21 .20 . 070 Exhibits
21.20.010 GENERAL REGULATIONS
A. Authority.
This ordinance is adopted under the authority of the City
of Elgin.
B. Findings and Purpose.
1 . The City of Elgin finds as follows :
a. That excessive quantities of soil are eroding
from areas that are 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
and dredging of stream channels and drainageways,
and the creation of recreational facilities;
b. That 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;
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c. That said soil erosion necessitates the costly
repairing of gullies, wash-out fills, roadway
ditches and embankments.
d. That said sediment from said soil erosion tends
to clog sewers, ditches, and other drainage
improvements, and to pollute and silt the
wetlands, rivers, streams, lakes, ponds, and
reservoirs;
e. That said sediment limits the use of water and
waterways for most beneficial purposes, by
promoting the growth of undesirable aquatic
weeds, destroying the habitat for fish and other
desirable aquatic life, and that said sediment is
costly and difficult to remove; and
f. That said sediment reduces the channel capacity
of waterways and the storage capacity of
floodplains and natural depressions, resulting in
increased chances of flooding and unnecessary
risk to public health and safety.
2 . The City of Elgin therefore declares that the purpose
of this ordinance is to safeguard person, protect
property, prevent damage to the environment, and to
promote the public welfare, by guiding and regulating
the design, construction, quality and use of materials
and maintenance of any development or other activity
which disturbs or breaks the topsoil or otherwise
results in the movement of earth on land situated in
the county. It is the intent of this ordinance that
the delivery of sediment from sites affected by land
disturbing activities be limited, as closely as
practicable, to that which would have occurred if land
had been left in its natural undisturbed state.
C. Applicability of Ordinance.
This ordinance applies to land disturbing and land
developing activities on lands within the boundaries and
jurisdiction of the City of Elgin.
D. General Criteria and Standards.
The following general principles shall apply to any
movement of earth and a site development plan and the granting
of a permit for the execution of said site development plan as
herein provided:
1 . Development criteria and standards :
a. Site development shall be related to the
topography and soils of the site so as to create
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the least potential for erosion. Areas of steep
slopes where excavations and fills may be
required shall be avoided wherever possible, and
natural contours shall be followed as closely as
possible.
b. Natural vegetation shall be retained and
protected wherever possible.
c. Areas within or immediately adjacent to natural
watercourses, streams, lakes, ponds, and wetlands
shall be left undisturbed, wherever possible.
Temporary crossings of water courses, when
permitted, must include appropriate stabilization
and sediment control measures .
d. All activities on the site shall be conducted on
the smallest practical area of land, in a logical
and phased sequence to minimize the area of bare
soil exposed at any one time.
e. Sediment basins or traps, diversions, filter
barriers, forebays and any other appropriate
measures shall be installed prior to beginning
land disturbing activity and maintained to remove
sediment from runoff waters from land undergoing
development.
f. The selection of erosion and sediment control
measures shall 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,
g. Provide for aesthetics and continual operation
and maintenance in the design of all erosion
control facilities and practices .
h. Provisions shall be made to accommodate the
increased run-off caused by changed soil and
surface conditions during and after development.
Drainageways and other erosion control facilities
shall be designed so that their final gradients
and the resultant velocities and rates of
discharge will not create additional erosion
on-site or downstream.
i . Temporary vegetation or, where appropriate,
mulching or other nonviable cover shall be used
to protect areas exposed during development.
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j . Permanent vegetation and structures shall be
installed and functional as soon as practical
during development.
k. Those areas being converted from agricultural
purposes to other land uses shall be vegetated
with an appropriate protective cover prior to
development.
1 . All waste generated as a result of site
development activity shall be properly disposed
of and shall be prevented from being carried
off-site by either wind or water.
m. Each site shall contain measures to prevent
sediment from being tracked onto public or
private roadways . Included with these measures
shall be the prevention and removal of any
material tracked on the roadways .
21.20.020 DEFINITIONS
For the purposes of this ordinance certain terms used
herein are defined as set forth below:
P A. Agricultural Land Use: The use of land for planting,
growing, cultivating and harvesting of crops for food and
fiber, horticultural or human use or livestock consumption
and pasturing or yarding of livestock.
B. Applicant: Any person, partnership, corporation, public or
private, the state and its agencies or political
subdivisions, the United States of America, its agencies
and instrumentalities, and any agent, servant, officer or
employees of any of the foregoing.
C. Building permit: A permit issued by the City for
construction, erection, or alteration of a structure or
building.
D. Certify or certification: Formally attesting that the
specific inspections and test where required have been
performed, and that such tests comply with the applicable
requirements of this ordinance.
E. City: City of Elgin, Illinois
F. Clearing: The act of denuding a site of its vegetative
cover by either manual, chemical, or mechanical means .
G. County: Kane County, Illinois .
H. Dredging: The act by which objects or earth material is
removed from the bed of a body of water including but not
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limited to excavating or deepening of streams, channels,
ditches, lakes and ponds, and the building of levees.
I . Engineer, Design: A professional engineer, licensed as
such in Illinois, responsible for the design of site
improvement plans and specifications for a project or
subdivision.
J. Erosion: The detachment and movement of soil, sediment or
rock fragments by water, wind, ice, or gravity.
K. Excavating: The act by which organic matter, soil, earth,
sand, gravel, rock or any similar material is cut into,
dug, quarried, uncovered, removed, displaced or relocated
and shall include the conditions resulting therefrom.
L. Existing Drainage Pattern: The path formed by stormwater
and subsurface runoff on the surface topography of the
earth prior to proposed changes .
M. Existing Grade: The vertical location of the existing
ground surface prior to excavating or filling.
N. Filling: The act by which soil, earth, sand, gravel, rock,
eimk or any other material is deposited, placed, replaced,
pushed, dumped, pulled, transported or moved by man to a
new location and shall include the conditions resulting
therefrom.
0. Final Grade: The vertical location of the ground or
pavement surface after the grading work is completed in
accordance with the site development plan.
P. Grading: Excavating or filling or any combination thereof
and shall include the conditions resulting from any
excavating or filling.
Q. Land Disturbing Activity: Clearing, dredging, grading,
stripping, filling, excavating or any combination thereof .
R. Land Surveyor: A licensed professional surveyor of
Illinois .
S. Permittee: The applicant to whom a site development permit
is issued.
T. Removal: The cutting, clearing and extraction of
vegetation to the ground or stumps .
U. Runoff: The rainfall, snow melt, or irrigation water
flowing over the ground surface.
V. Sediment: Mineral or organic solid material in suspension
or being transported or moved from its site of origin by
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/11''
wind, water, gravity, or ice and which has come to rest
wither on the earth' s surface or in a body of water.
W. Site: The entire area included in the legal description of
the land on which the land disturbing or land development
activity is proposed in the permit application.
X. Site Development: Any man-made change of the land surface
including removing and clearing vegetative cover, dredging,
excavating, filling, grading and any other land disturbing
activity,
Y. Site Development Permit: A permit issued by the city which
allows the permittee to begin construction or installation
of land modifications .
Z . Site Development Plan: A plan that shows the locations,
types and implementation of erosion and runoff control
measures, and/or grading of lands for the construction of
buildings or structures or necessary improvements .
AA. Soil: The surface accumulation of sand, silt, clay, and
humus derived from loses and the weathering and breakdown
of the underlying bedrock and glacial debris .
BB. Stream: Any river, creek, brook, branch, flowage, ravine,
or natural or man-made drainageway which has a defined bed
and banks or shoreline, in or into which surface or
groundwater flows, either perennially or intermittently.
CC. Stripping: Any activity which disturbs the vegtative
surface cover including tree removal, clearing, and storage
or removal of topsoil .
DD. Waste: Various materials removed from the site prior to
the modification of the site including, but not limited to
vegetative surface cover, excess soil, tree trunks, limbs
and roots, demolition debris from buildings, roads, and
underground facilities .
EE. Wetlands: Areas that are inundated or saturated by surface
water or groundwater at a frequency and duration sufficient
to support, and that under normal circumstances do support
a prevalence of vegetation typically adapted for life in
saturated soil conditions .
21.20.030 PLAN AND PERMIT.
A. Permit Required.
, ft. 1 . A site development permit shall be obtained from the
City, where development falls under any one or more of
the following provision, unless such development is
exempted therefrom by paragraph 3 of this subsection:
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a. Any land disturbing activity that will affect an
area in excess of 5, 000 square feet;
b. Any land disturbing activity within 100 feet of a
lake, pond, river, stream, and wetland;
c. Excavating, dredging and filling or any
combination thereof, that will exceed 250 cubic
yards .
2 . The site development permit must be obtained by all
person, partnership, or corporation, government agency
and school district within the City, before land is
cleared, graded, dredged, stripped, excavated, filled,
transported, or otherwise disturbed by the movement of
earth for purposes including, but not limited to the
following:
a. Construction of buildings;
b. Construction of subdivisions;
c. Construction of lakes and ponds;
d. Mining of minerals, including sand and gravel,
e. Development of golf courses, and
f. Construction of roads and streets .
3 . A site development permit shall not be required for
any of the following provided that the person,
partnership or corporation, government agency or
school district responsible for any such development
shall implement necessary soil erosion and sediment
control measures to satisfy the principles set forth
in sections 21 .20. 010(D) and 21 .20 . 070 of this chapter:
a. Excavations below final grade for the basement
and footings of a single-family residence, septic
systems, drain fields, tanks, vaults, tunnels,
swimming pools, or cellars for which a building
permit has been issued by the City.
b. The construction, enlargement, relocation or
reconstruction of streets, highways, roads, or
bridges or any work performed within right-of-way
for which approval and/or a permit has been
issued by the Illinois Department of
Transportation and/or county engineer.
c. Farming or other agricultural operations upon
property zoned for farming or agricultural
purposes and uses as follows :
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( 1) The construction of sod waterways,
(2) The construction of terraces,
( 3) The construction of surface water diversions,
(4) The construction of grade stabilization
structures, and
(5) The tilling of the soil .
Agricultural areas should conform to responsible
soil erosion and sediment control management practices
as specified by the United States Department of
Agricultural (USDA) and standards established by the
USDA - Soil Conservation Service (SCS) , St. Charles
Field Office Technical Guide.
d. Tilling of the soil for fire protection purposes .
B. Application.
1 . No site development permit shall be issued until the
applicant submits a site development application and
plan, and appropriate fee together with other
submissions required by this ordinance.
2 . Each application for a site development permit shall
be made by the owner of the property or authorized
agent to the City Engineer on a form furnished for
that purpose. When a land disturbing activity is
proposed as a part of a building permit, the
application may be combined on one plan, in the number
of copies required by the City Engineer, showing both
building plans and site development plans . In such
instances, a professional engineer or land surveyor
shall certify as to the accuracy of the existing and
proposed grading.
C. Submissions
Each application shall be accompanied by the following
information:
1 . Legend, scale, north arrow, project name, vicinity
sketch, acreage of site, and name address, phone
number of owner(s) , developer(s) and engineer(s) .
2 . Existing and proposed topography at minimum two (2 )
foot contours extending one hundred ( 100) feet beyond
site boundaries . The City Engineer may require one
( 1) foot contours and additional spot elevations, for
flat areas, and areas within floodplains or
drainageways, etc. Areas with slopes greater than four
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percent (4%) shall be highlighted on the existing
topography by shading.
3 . Predominant soil types and existing vegetative cover
from actual field identification.
4 . Existing and proposed road ditches, drainageways,
field tiles, storm drains, culverts, outfalls, and
stockpiles .
5 . Location of existing and proposed buildings,
structures, utilities, water bodies, floodplains,
wetlands, trees and shrubs, drainage facilities, paved
areas, right-of-way, easements and any other
significant natural and man-made features on the site
and adjacent land within one hundred ( 100) feet of the
site boundary.
6 . Septic area designation, where required.
7 . Limits of disturbance by clearing, grading, dredging,
excavating, filling, trenching, etc.
8 . Delineate areas of permanent and temporary
e•. stabilization. Include seeding mixtures and rates, sod
specifications and method of anchoring, method of
seedbed preparation, expected seeding dates, type and
rate of fertilizer and lime application, and type and
recommended method of mulching for both temporary and
permanent vegetative control measures, and types of
non-vegetative stabilization measures .
9 . Location of all proposed sediment control measures .
10. Design specifications of all runoff control measures,
including sediment basins and traps, diversions,
forebays, waterways, and outlets .
11 . Standard details of all sediment control measures,
including computations for sediment basin and trap
efficiencies and runoff volumes .
12 . Design specifications to prevent tracking of soil off
site from the land disturbing activity, including
temporary gravel surfaced staging areas and access
driveway.
13 . Location of stockpile(s) and recommended method of
stabilization.
em 14 . Off-site waste or borrow quantities, location, and
recommended methods of stabilization.
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15 . Phasing of development site including:
a. Clearing and stripping,
b. Rough grading and underground construction,
c . Paving and final grading, and
d. Landscaping.
Phasing should identify the areas of the site being
disturbed and sequence of disturbance, the expected
date in which clearing of each area will begin, the
estimated duration of exposure of cleared areas, the
sequence of installation and removal of temporary
sediment control measures, installation of storm
drainage, paving streets and parking areas,
establishment of temporary and permanent vegetative
cover, and any other phases important to the project.
16 . Engineer' s opinion of probable cost for stabilization,
erosion and sediment control measures and maintenance.
e 17 . Name, address, and phone number of the person who will
have legal responsibility for maintenance of erosion
control structures and measures during development
until site is stabilized.
18 . The submittal should be prepared in accordance with
the standards and requirements contained in the
following publications and which should also be
referenced to on the plans :
a. "Procedures and Standards for Soil Erosion and
Sedimentation Control in Northeastern Illinois"
(Revised July 1988) prepared by the Northeastern
Illinois Erosion and Sedimentation Control
Steering Committee;
b. "Standards and Specifications for Soil Erosion
and Sediment Control" ( 1087) prepared by the
Illinois Environmental Protection Agency;
c. Standard specifications for "Road and Bridge
Construction" , latest edition, prepared by the
Illinois Department of Transportation.
The City 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 ordinance.
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D. Review and Acceptance.
Each application for a site development permit shall be
reviewed and acted upon according to the following procedures :
1 . The City will review each application for a site
development permit to determine its conformance with
the provisions of this ordinance. The City may also
refer any application to any other government or
public agency within whose jurisdiction the site is
located for review and comment. Within thirty ( 30)
days after receiving an application, the City Engineer
shall in writing:
a. Accept the permit application if it is found to
be in conformance with the provisions of this
ordinance and issue the permit; or
b. Accept the permit application subject to such
reasonable conditions as may be necessary to
secure substantially the objectives of this
ordinance and issue the permit subject to these
conditions; or
fow c . Disapprove the permit application indicating the
deficiencies and the procedures for submitting a
revised application and/or submittal .
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 developments, has
been bound by the City to be acceptable for
construction, or
b. Such permit is accompanied by or combined with a
valid building permit issued by the City, or
c. The proposed earth moving is coordinated with an
overall development program previously approved
by the City for the area in which the site is
situated; and
d. All relevant local, county, state, federal
permits ( i .e. : floodplains, floodways, utility
construction and wetlands) have been received for
that portion of the site subject to a site
development permit.
3 . Failure of the City to act on an original or revised
application within sixty (60) days of receipt shall
authorize the applicant to proceed in accordance with
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the plans as filed unless such time is extended by
agreement between the City and the applicant. Pending
preparation and approval of revised plans, development
activities shall be allowed to proceed in accordance
with conditions established by the City.
E. Expiration of Permit.
A site development permit shall expire and become null and
void if the work authorized by such permit has not been
commenced within one hundred and eighty ( 180) days, or is not
completed by a date which shall be specified in the permit;
except, when the permit holder presents satisfactory evidence
that unusual difficulties have prevented work from being
commenced or completed within the specified time limits; then
the City Engineer grant a reasonable extension of time if
written application is made ten ( 10) business days before the
expiration date of the permit. The City may require modification
to the site development plan to prevent any increase in erosion
or off-site sediment runoff resulting from any extension.
F. Responsibility.
The permittee shall not be relieved of responsibility for
damage to persons or property otherwise imposed by law, and the
City or its officers or agents will not be made liable for such
damage, by
1 . The issuance of a permit under this ordinance,
2 . Compliance with the provisions of that permit or with
conditions attached to it by the City,
3 . Failure of City officials to observe or recognize
hazardous or unsightly conditions,
4 . Failure of City officials to recommend denial of or to
deny a permit, or
5 . Exemptions from the permit requirements of this
ordinance.
G. Storage of Plans .
Plans, specifications and reports for all site developments
shall be retained in original form or on microfilm by the City
Engineer.
H. Applicability.
(` The requirements of this section shall not be applicable to
any site application filed prior to the effective date of this
ordinance.
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21.20.040 DESIGN STANDARDS AND REQUIREMENTS.
A. Erosion and Other Pollutant Control Requirements .
1 . For disturbed areas draining less than one ( 1) acre,
filter barriers (including rock check dams, filter
fences, straw bales, or equivalent control measures)
shall be constructed to control all runoff from the
site as specified in referenced handbooks . Vegetative
filter strips, with a minimum width of twenty-five
(25) feet, may be used as an alternative only where
runoff in sheet flow is expected.
2 . For disturbed areas draining more than one ( 1) but
less than five (5) acres, a sediment trap or
equivalent control measure shall be constructed at the
down slope point of the disturbed area.
3 . For disturbed areas draining more than five (5) acres,
a sediment basin or equivalent control measure shall
be constructed at the down slope point of the
disturbed area.
4 . Sediment traps, barriers and basins shall be
constructed and functional prior to initiating land
disturbing activity. Earthen structures such as dams,
dikes, and diversions must be seeded and mulched
within seven (7) days of installation.
5 . Sediment basin and sediment trap designs shall provide
for both detention storage and sediment storage. The
detention storage shall be composed of equal volumes
of "wet" detention storage and "dry" detention storage
and each shall be sized for the two (2) year,
twenty-four (24) hour runoff from the site under
maximum runoff conditions during construction. The
release rate of the basin shall be the rate required
to achieve minimum detention times of at least ten
( 10) hours . The elevation of the outlet structure
shall be placed such that it only drains the dry
detention storage and the outlet discharges at a
stable location.
6 . The sediment storage shall be sized to store the
estimated sediment load generated from the site over
the duration of the construction period with a minimum
storage equivalent to the volume of sediment generated
in one ( 1) year. For construction periods exceeding
one ( 1) year, the one ( 1) year sediment load and
tow sediment removal schedule may be substituted.
7 . Stormwater conveyance channels, including ditches,
swales, and diversions, and the outlets of all
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channels and pipes shall be designed and constructed
to withstand the expected flow velocity from the
design storm without erosion. All constructed or
modified channels shall be stabilized within
forty-eight (48) hours, with the following standards :
a. For grades up to four percent (4%) , seeding in
combination with mulch, erosion blanket or mat,
or an equivalent control measure shall be
applied. Sod or erosion blanket or mat shall be
applied to the bottom of the channel .
b. For grades of four to eight percent (4% to 8%) ,
sod or an equivalent control measure shall be
applied in the channel .
c. For grades greater than eight percent (8%) , rock
riprap or an equivalent control measure shall be
applied, or the grade shall be effectively
reduced using drop structures or rock ditch
checks .
8 . Disturbed areas shall be stabilized with temporary or
permanent measures within seven ( 7) calendar days
following the end of active disturbance, consistent
with the following criteria:
a. Appropriate temporary or permanent stabilization
measures shall include seeding, mulching,
sodding, and/or non-vegetative measures .
b. Areas having slopes of greater than twelve
percent ( 12%) shall be stabilized with sod,
erosion blanket or mat in combination with
seeding, or equivalent.
9 . Land disturbing activities in stream channels shall be
avoided, where possible. If disturbance activities
are unavoidable, the following requirements shall be
met:
a. Construction vehicles shall be kept out of the
stream channel to the maximum extent practicable.
Where construction crossings are necessary,
temporary crossings shall be constructed of
non-erosive material, such as riprap or gravel .
b. The time and area of disturbance of stream
channels shall be kept to a minimum. The stream
channel, including bed and banks, shall be
r' stabilized within forty-eight (48) hours after
channel disturbance is completed, interrupted, or
stopped.
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c. Whenever channel relocation is necessary, the new
channel shall. be constructed and fully stabilized
before flow is diverted.
10 . Storm sewer inlets and culverts shall be protected by
sediment traps or filter barriers meeting accepted
design standards and specifications .
11 . Soil storage piles containing more than ten ( 10) cubic
yards of material shall not be located with a down
slope drainage length of less than twenty-five (25)
feet to a roadway, drainage channel or water body.
Filter barriers, including filter fence, straw bales
or equivalent, shall be installed immediately on the
down slope side at the base of the piles . If remaining
for more than fifteen ( 15) days, they shall be
stabilized by vegetative cover, mulching, or other
means .
12 . If dewatering devices are used, discharge locations
shall be protected from erosion. All pumped discharges
shall be routed through appropriately designed
sediment traps or basins, or equivalent.
eft 13 . Each site shall have graveled (or equivalent) entrance
roads, access drives and parking areas of sufficient
width and length to prevent sediment from being
tracked onto public or private roadways . Any sediment
reaching a public or private road shall be removed by
street cleaning (not flushing) before the end of each
workday and transported to a controlled sediment
disposal area.
14 . All temporary and permanent erosion and sediment
control practices must be maintained and repaired as
needed to assure effective performance of their
intended function.
15 . All temporary erosion and sediment control measures
shall be disposed of within thirty (30) days after
final site stabilization is achieved with permanent
soil stabilization measures . Trapped sediment and
other disturbed soils resulting from the disposition
of temporary measures should be permanently stabilized
to prevent further erosion and sedimentation.
B. Standards Adopted by Reference.
The submissions shall be prepared in accordance with the
standards and specifications contained in the following
publications :
1 . "Procedures and Standards for Urban Soil Erosion and
Sedimentation Control in Illinois" (Revised July 1988)
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prepared by The Urban Committee of the Association of
Illinois Soil and Water Conservation Districts" .
2 . "Standards and Specifications for Soil Erosion and
Sediment Control" ( 1987) prepared by the Illinois
Environmental Protection Agency.
3 . "Standard Specifications for Road and Bridge
Construction" , Latest edition prepared by the Illinois
Department of Transportation.
These publications are hereby incorporated into this
ordinance and made a part hereof by reference, for the purpose
of exemplifying the considerations and factors which should
enter into the preparation of a site development plan. In the
event of conflict between provisions of said manuals and of this
ordinance, the more restrictive provisions shall govern.
C. Applicability of Provisions .
The requirements of this section shall not be applicable to
any site application filed prior to the effective date of this
ordinance.
few 21.20.050 CONSTRUCTION PROCEDURES AND REQUIREMENTS.
A. Applicability.
All land disturbing activity not specifically exempted by
the provisions of this ordinance shall be subject to the
applicable standards and requirements set forth in this
ordinance.
B. Maintenance of Control Measures .
All soil erosion and sediment control measures necessary to
meet the requirements of this ordinance shall be maintained
periodically in accordance with acceptable schedule by the
applicant or subsequent landowner during the period of land
disturbance and development of the site in a satisfactory manner
to ensure adequate performance.
C. Construction Observations .
The City and/or designated project engineer shall observe
and inform the applicant of deficiencies for that portion of
work that fails to comply with the site development plan as
approved. Where it is found by observation that conditions are
not substantially as stated or shown in said plan, the City
Engineer may stop further work until a revised site development
ernh plan conforming to the existing conditions is found to be
acceptable to the City.
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Observations shall be in accordance with the following
schedule, and the permittee shall notify the City Engineer at
least two (2) working days before said observation is to be made:
1 . Prior to proceeding with any land disturbance and upon
completion of installation of sediment and runoff
control measures (including perimeter controls and
diversions) ,
2 . After stripping and clearing,
3 . After rough grading,
4 . After final grading,
5 . After seeding and landscaping deadlines, and
6 . After final stabilization and landscaping, prior to
removal of sediment controls .
If land disturbing activities are to be done in phases or
areas, the permittee shall give notice and request construction
observation at completion of each of the above work stages in
each phase or area. If an observation is not made and
notification of the results given within ten ( 10) working days
after notice is received by the City from the permittee, the
permittee may continue work at their own risk, without presuming
acceptance by the city. Notification of the results of the
inspection shall be given in writing at the site.
D. Special Precautions .
1 . If at any stage of site development the City Engineer
determines by construction observation that the nature
of the site is such that further work as authorized by
an existing permit is likely to imperil any property,
public way, watercourse, stream, lake, wetland, or
drainage structure, the City Engineer, shall advise
and may require as a condition of allowing the work to
continue, that certain 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, specifying a
more level exposed slope; construction of additional
erosion control or drainage facilities, berms,
terracing, compaction, or cribbing; installation of
plant materials for erosion control; and
recommendations of a soils engineer, engineering
geologist or biologist may be made part of the
requirements for further work.
2 . Where it appears that storm damage may result because
the grading on the development site is not adequate,
work may be stopped and the permittee required to
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install temporary structures or take such measures as
may be required to protect adjoining property or the
public safety. On large developments or where unusual
site conditions prevail, the City Engineer, may
specify the time of 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 .
E. Retention of Plans and Permit.
Site development plans bearing the approval of the City
Engineer, shall be maintained on the site during the progress of
the work. The permittee shall post the permit issued in a
location visible during construction.
F. Amendment of Plans .
Major amendments of the site development plans shall be
submitted to the City Engineer and shall be processed and
accepted or disapproved in the same manner as the original
plans . Field modifications of a minor nature may be authorized
by the City Engineer, by written authorization to the permittee.
21.20.060 FEES, BONDS, APPEALS, EXCEPTIONS, SUSPENSION,
REVOCATION, NUISANCES, VIOLATIONS AND PENALTIES,
SEPARABILITY AND INCLUSIVITY.
A. Fees .
Filing fees for site development permits and services shall
be set from time to time by the City Council as shown in Exhibit
"A" .
B. Bonds .
The owner or his agent will be required to file with the
City Engineer a performance bond, letter of credit or other
improvement security satisfactory to the City, in the amount of
one hundred and ten percent ( 110%) of the design engineer' s
opinion of cost or other amount deemed sufficient by the City
Engineer. This is to cover all the costs of improvements,
landscaping, maintenance of improvements and landscaping, soil
erosion and sediment control measures, and construction
engineering and construction observation costs for a period
equal to the estimated time to complete the work as specified
under the site development permit. The performance bond or
letter-of-credit shall contain language which states that the
bond cannot expire without the City receiving written notice, by
certified mail, 60 days prior to the expiration date.
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C. Exceptions .
The City Engineer may, in accordance with the following
procedures, authorize exceptions to any of the requirements and
regulations set forth in this ordinance.
1 . Requests for any exception shall be made by the
applicant of a site development permit, stating fully
the grounds of the exception and the facts relied upon
by the applicant. Such requests shall be filed with
the site development permit application. In order for
the exception to be granted, it shall be necessary
that the City Engineer find all of the following facts
with respect to the land referred to in the exception
request:
a. That the land of record is of such shape or size
or is affected by such physical conditions or is
subject to such title limitations that it is
impossible or impractical for the applicant to
comply with all of the requirements of this
ordinance;
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 request for an exception shall be referred to the
City Engineer who in turn shall review such
recommendations prior to granting or denying the
exception.
D. Appeals from Permit Issuance or Denial .
The City Engineer' s decision regarding any site development
application is considered final .
E. Suspension or Revocation of Permit.
In the event any permittee holding a site development
permit pursuant to this ordinance violates the terms of the
permit, or carries on site development in such a manner as to
adversely affect the health, welfare, or safety of persons
residing or working in the area of the development site or so as
to be materially detrimental to the public welfare or injurious
to property or improvements in the area, the City Engineer may
suspend or revoke the site development permit.
Suspension of a permit shall be a written stop-work order
issued by the City Engineer and delivered to the permittee or
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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 will remain in effect
until the applicant can demonstrate that all conditions of the
above stop work order have been corrected to the satisfaction of
the City Engineer.
F. Nuisances .
This ordinance shall not be construed as authorizing any
person, partnership, corporation, government agency or school
district to maintain a private or public nuisance upon their
property, and compliance with the provisions of this ordinance
shall not be a defense in any action to abate such nuisance.
G. Violations and Penalties .
No person, partnership, corporation, government agency or
school district shall perform any land disturbing activities, or
cause the same to be done, contrary to or in violation of any
terms of this ordinance. Any person, partnership, corporation,
government agency or school district violating any of the
provisions of this ordinance shall be deemed guilty of a
eft misdemeanor, and each day during which any violation of any of
the provisions of this ordinance is committed, continued, or
permitted shall constitute a separate offense. Upon conviction
of any such violation, such person, partnership, corporation,
government agency or school district shall be punished by a fine
not more than one thousand dollars ( $1,000 . 00) for each offense.
Each day shall be construed as an separate offense. In addition
to any other penalty authorized by this section, any person,
partnership, corporation, government agency or school district
convicted of violating any of the provisions of this ordinance
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.
H. Separability.
The provisions and sections of this ordinance shall be
deemed to be separable, and the invalidity of any portion of
this ordinance shall not affect the validity of the remainder.
J. Inclusivity.
This ordinance shall be enforced in conjunction with other
City ordinances as appropriate. Other City ordinances, if
requiring the use of this ordinance, shall do so including this
ordinance.
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21.20.070 EXHIBITS
Exhibit "A"
SOIL EROSION AND SEDIMENT CONTROL ORDINANCE
FEES
A. Filing fees for site development permits and services shall
be as follows:
1 . Less than one acre of disturbance $100 . 00
2 . One to five acres of disturbance $150 . 00
3 . Disturbed areas of more than five acres $200. 00
B. Re-examination fees shall be as follow:
1 . Less than one ( 1) acre - where the first site
development plan is rejected due to inadequate or
unacceptable design, and additional fee of fifty
dollars ($50 . 00) shall be paid before a second review
tek is made. Where a site development plan is rejected a
second time due to inadequate or unacceptable design,
an additional fee of seventy-five dollars ($75 . 00)
shall be paid before the third review or each
succeeding review is made.
2 . One ( 1) to five (5) acres - where the first site
development plan is rejected due to inadequate or
unacceptable design, and additional fee of seventy-
five dollars ($75 . 00) shall be paid before a second
review is made. Where a site development plan is
rejected a second time due to inadequate or
unacceptable design, an additional fee of one hundred
dollars ($100 . 00) shall be paid before the third
review or each succeeding review is made.
3 . Areas of more than five (5) acres - where the first
site development plan is rejected due to inadequate or
unacceptable design, and additional fee of one hundred
dollars ($100. 00) shall be paid before a second review
is made. Where a site development plan is rejected a
second time due to inadequate or unacceptable design,
an additional fee of one hundred twenty-five dollars
($125 . 00) shall be paid before the third review or
each succeeding review is made.
Section 2 . The Elgin Municipal Code, 1976, as amended, be
and is further amended by deleting Chapter 18 . 40 entitled
"Erosion and Sedimentation Control" .
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Section 2 . That Elgin Municipal Code, 1976, as amended, be
and is further amended by deleting Chapter 18 .40 entitled
"Erosion and Sedimentation Control" .
Section 3 . That Title 21 entitled "Flood Hazard Areas" be
and is hereby renamed "Stormwater Management" .
Section 4 . That Title 21 entitled "Flood Hazard Areas" be
and is hereby redesignated as Chapter 21 . 10 .
Section 5 . That all ordinances or part of ordinances in
conflict with the provisions of this ordinance be and are hereby
repealed.
Section 6 . That this ordinance shall be in full force and
effect ten days after its passage and publication in the manner
provided by law.
GeorgeanDeVoorde, Mayor
Presented: March 23, 1994
Passed: March 23, 1994
Omnibus Vote: Yeas 7 Nays 0
Recorded: March 24, 1994
Published: March 24 , 1994
Attest:
Dolonna Mecum, City Clerk
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