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9.1 PURPOSE

The purpose of this Ordinance is to safeguard persons, protect property, prevent damage to the environment, and promote the public welfare by guiding, regulating and controlling the design, construction, use 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 unincorporated portions of the County.

It is the intention of this Ordinance that the delivery of sediment from sites affected by land disturbing activities is limited, as closely as practicable, to that which would have occurred if the land had been left in its natural undisturbed state. The following are particular concerns related to improper controls over soil erosion and sedimentation:

1. 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, the creation of recreational facilities;

2. 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;

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

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

5. 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; and,

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

9.2 DEFINITIONS (See Section 16 for definitions pertinent to this Section.)

9.3 GENERAL GUIDELINES

It is the objective of this Section to control soil erosion and sedimentation caused by development activities, including clearing, grading, stripping, excavating, and filling of land, in the unincorporated portions of the County. Measures taken to control soil erosion and offsite sediment runoff should be adequate to assure that sediment is not transported from the site by a storm event of ten-year frequency or less.

The following principles shall apply to all development activities within the County and to the preparation of the submissions required under Section 9.4 of this Ordinance:

1. 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.

2. Natural vegetation should be retained and protected wherever possible. Areas immediately adjacent to natural watercourses, lakes, ponds, and wetlands should be left undisturbed wherever possible. Temporary crossings of watercourses, when permitted, must include appropriate stabilization measures.

3. Special precautions should be taken to prevent damages resultant from any necessary development activity within or adjacent to any stream, lake, pond, or wetland. Preventive measures should reflect the sensitivity of these areas to erosion and sedimentation.

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

5. Sediment basins or traps, filter barriers, diversions, and any other appropriate sediment or runoff control measures should be installed prior to site clearing and grading and maintained to remove sediment from runoff waters from land undergoing development.

6. 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.

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

8. Provisions should be made to accommodate the increased runoff caused by changed soil and surface conditions during and after development. Drainage ways should be designed so that their final gradients and the resultant velocities and rates of discharge will not create additional erosion onsite or downstream.

9. Permanent vegetation and structures should be installed and functional as soon as practical during development. Native vegetation is preferred for developments near, or adjacent to high quality natural areas, wetlands, and streams.

10. Those areas being converted from agricultural purposes to other land uses should be vegetated with an appropriate protective cover prior to development.

11. All waste generated as a result of site development activity should be properly disposed of and should be prevented from being carried off the site by either wind or water.

12.  All construction sites should provide measures to prevent sediment from being tracked onto public or private roadways.

9.4 SITE DEVELOPMENT PERMIT

9.4-1 Permit Required

Except as otherwise provided in this Ordinance, no person shall commence or perform any clearing, grading, stripping, excavating, or filling of land without having first obtained a site development permit from the Engineering Division of the Will County Land Use Department. Failure to obtain a site development permit is a violation of this Ordinance.

9.4-2 Exceptions

The provisions of this Section shall not apply to any one of the following construction activities unless the property is in a floodplain. For the purposes of this Section, tennis courts, parking areas, in-ground swimming pools and other similar paved areas shall be considered accessory structures. If the construction activity meets any one of the following, it shall be considered an exception:

1. Clearing, grading, stripping, excavating or filing associated with the construction of a single-family residence on a site equal to or greater than five (5) acres.

2. Clearing, grading, stripping, excavating or filling associated with the construction of a single-family accessory structure on a site equal to or greater than two and one-half (2.5) acres provided that the structure is equal to or less than three thousand (3,000) square feet in area.

3. Clearing, grading, stripping, excavating or filling associated with the construction of an addition to an existing residential building or the construction of a single-family residential accessory structure. The footprint of either being equal to or less than one thousand (1,000) square feet in area.

4. Clearing, grading, stripping, excavating or filling associated with the Agricultural use of land, including the implementation of conservation practices included in a farm conservation plan approved by the Will/South Cook Soil and Water Conservation District, and including the construction of structures used for agricultural purposes.

5. Clearing, grading, stripping, excavating or filling associated with the installation, renovation, or replacement of a septic system to serve an existing dwelling or structure.

6. Excavation, fill, or any combination thereof which is equal to or less than one hundred (100) cubic yards in volume on a site less than two and one half (2.5) acres in size when structures are not involved and the proposed construction activity is not within twenty (20) feet of a property line.

7. Excavation, fill, or any combination thereof which is equal to or less than two hundred (200) cubic yards in volume on a site equal to or greater than two and one half (2.5) acres when structures are not involved and the proposed construction activity is not within twenty (20) feet of the property line.

8. Removal of plant cover equal to or less than five thousand (5,000) square feet in an area when structures are not involved.

9.4-3 Application for Permit

Application for a site development permit shall be made by the owner of the property or his/her authorized agent to the County of Will Land Use Department 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.

9.4-4 Submission

Each application for a site development permit shall be accompanied by the following information depending on use and bear the seal and signature of a registered Illinois Professional Engineer (P.E.):

1. Single-family residential and accessory structures including mobile homes shall require a Basic Drainage Plan (Site Plan) as defined by Section 401.0 of the Storm water Drainage and Detention Ordinance, and shall also include the following:

1. Location of silt fence, hay bales, and other erosion control measures and the note "Erosion Control to be applied per the latest edition of Illinois Procedures for Urban Soil Erosion and Sedimentation Control and the Illinois Urban Manual;"
2. Location of residence, other buildings, and planned accessory uses;
3. Elevation of proposed top of foundation and garage floor elevation;
4. Percent grade of driveways and swales;
5. Elevation of all top of foundations within one hundred (100) feet of site;
6. Plan scale and north arrow;
7. Benchmark description and datum;
8. Legal description of lot and Permanent Index Number (P.I.N.);
9. Easements;
10. Calculations to support ditch sizing, culvert sizing, and other design aspects;
11. A development plan of existing topography of the site and adjacent land within approximately one hundred (100) feet of the boundaries, drawn at no greater than one (1) foot contour intervals and clearly portraying the conformation and drainage pattern of the area; and,
12. The location of existing buildings, structures, utilities, streams, lakes, floodplains, wetlands and depressions, drainage facilities, vegetative cover, paved areas, and other significant natural or man-made features on the site and adjacent land within one hundred (100) feet of the boundary.

2. All site development permits not included in Section 9.4-4; #1 above shall require the following:

1. A general description of the predominant soil types on the site, their location, and their limitations for the proposed use;
2. Proposed use of the site, including present development and planned utilization; areas of clearing, stripping, grading, excavation and filling; proposed contours, finished grades, and street profiles; provisions for storm drainage, including storm sewers, swales, detention basins and any other measures to control the rate of runoff, with a drainage area map, indications of flow directions and computations; kinds and locations of utilities; and areas and acreages proposed to be paved, covered, sodded or seeded, vegetative stabilized, or left undisturbed;
3. A copy of the development plan on a computer diskette, compatible with the County’s Geographic Information System (GIS).
4. An erosion and sediment control plan showing all measures necessary to meet the objectives of this Ordinance throughout all phases of construction and permanently after completion of development of the site, including:

1. Location and description, including standard details, of all sediment control measures and design specifics of sediment basins and traps, including outlet details;
2. Location and description of all soil stabilization and erosion control measures, including seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, kind and quantity of mulching for both temporary and permanent vegetative control measures, and types of non-vegetative stabilization measures;
3. Location and description of all runoff control measures, including diversions, waterways, and outlets;
4. Location and description of methods to prevent tracking of sediment offsite, including construction entrance details, as appropriate;
5. Description of dust and traffic control measures;
6. Locations of stockpiles and description of stabilization methods;
7. Description of off-site fills or borrow volumes, locations, and methods of stabilization;
8. Provisions for maintenance of control measures, including type and frequency of maintenance, easements, and estimates of the cost of maintenance;
9. Identification (name, address, and telephone) of the person(s) or entity, which will have legal responsibility for maintenance of erosion control structures and measures during development and after development, is completed.

5. 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 installation of temporary sediment control measurers (including perimeter controls), clearing and grading, installation of temporary soil stabilization measures, installation of storm drainage, paving streets and parking areas, final grading and the establishment of permanent vegetative cover, and the removal of temporary measures.

It shall be the responsibility of the applicant to notify the County of any significant changes, which occur in the site development schedule after the initial erosion, and sediment control plan has been approved.

These submissions shall be prepared in accordance with the requirements of this Ordinance and the standards and requirements contained in the Illinois Urban Manual: A Technical Manual Designed for Urban Ecosystem Protection and Enhancement prepared in 1995 by the Natural Resources Conservation Service for the Illinois Environmental Protection Agency and the Illinois Procedures and Standards for Urban Soil Erosion and Sedimentation Control prepared by the Northeastern Illinois Soil Erosion and Sedimentation Control Steering Committee and adopted by the Will/South Cook Soil and Water Conservation District, which standards and requirements are hereby incorporated into this Ordinance by reference.

The Chief Subdivision Engineer may waive specific requirements for the content of submissions upon finding that the information submitted is in his/her best professional judgment sufficient to show that the work will comply with the objectives and principles of this Ordinance.

9.4-5 Guarantees

The applicant, except for individual residential lot owners, school districts, park districts, and township entities who apply for buildings permits, is required to file with the Chief Subdivision Engineer, payable to the County of Will, a letter of credit in an amount deemed sufficient by the Land Use Department to cover all costs for required drainage improvements, landscaping, maintenance of improvements and landscaping, and soil erosion and sediment control measures for such period as specified by the County, and engineering and inspection costs to cover the cost of failure or repair of improvements on the site.

9.4-6 Review and Approval

Each application for a site development permit shall be reviewed and acted upon according to the following procedures:

1. The Land Use Department will review each application for a site development permit to determine its conformance with the provisions of this Ordinance. The County may also refer any application to the Will/South Cook Soil and Water Conservation District/Natural Resources Conservation Service and/or any other local government or public agency within whose jurisdiction the site is located for review and comment. Within thirty (30) days after receiving an application, the Land Use Department shall in writing:

1. Approve the site development permit application if it is found to be in conformance with the provisions of this Ordinance, and issue the site development permit;
2. Approve the site development permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this Ordinance, and issue the site development permit subject to these conditions; or,
3. Disapprove the site development 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:

1. The development, including but not limited to subdivisions and planned unit development, has been approved by the County where applicable, or
2. Such site development permit is accompanied by or combined with a valid building permit issued by the County, or
3. The proposed earth moving is coordinated with any overall development program previously approved by the County for the area in which the site is situated;
4. All relevant local, federal and state permits (i.e., for floodplains and wetlands) have been received for the portion of the site subject to soil disturbance;
5. Proper zoning is obtained for the proposed use.

3. Failure of the Land Use Department to act on an original 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 Land Use Department 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 Land Use Department.

9.4-7 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 and eighty (180) days, or is not completed within one (1) year; except that the Land Use Department may, if the permittee presents satisfactory evidence that unusual difficulties have prevented work being commenced or completed with the specified time limits, grant a reasonable extension of time if written application is made before the expiration date of the permit. The Land Use Department may require modification of the erosion control plan to prevent any increase in erosion or offsite sediment runoff resulting from any extension.

9.4-8 Appeals

The applicant, or any person or agency which received notice of the filing of an application, may appeal the decision of the Land Use Department as provided in Section 9.4-6 to the Planning and Zoning Commission. Upon receipt of an appeal, the Planning and zoning Commission shall schedule and hold a public hearing, after giving fifteen (15) days notice thereof. The Planning and Zoning Commission shall render a decision within thirty (30) days after the hearing. Factors to be considered on review shall include, but need not be limited to:

1. The effects of the proposed development activities on the surface water flow to tributary and downstream lands;

2. Any comprehensive watershed management plans, or the use of any retention facilities;

3. Possible saturation of fill and unsupported cuts by water, both natural and domestic;

4. Runoff surface waters that produce erosion and silting of drainage ways;

5. 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,

6. Excessive and unnecessary scarring of the natural landscape through grading or removal of vegetation.

9.4-9 Retention of Plans

Plans, specifications, and reports for all site developments shall be retained in original form or on microfilm by the Land Use Department.

9.5 DESIGN AND OPERATION STANDARDS AND REQUIREMENTS