Chapter 13
LAND DISTURBING ACTIVITIESlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41522
4-13-1: PREAMBLE AND GENERAL PROVISIONS:
4-13-2: STATUTORY CONSTRUCTION:
4-13-3: GRADING PERMITS:
4-13-4: PERMIT APPLICATION PROCEDURES:
4-13-5: GRADING PERMIT FEES:
4-13-6: PERMIT DURATION:
4-13-7: PERMIT DENIAL:
4-13-8: ASSIGNMENT OF PERMIT:
4-13-9: PERMITTEE'S DUTIES:
4-13-10: SITE INSPECTIONS:
4-13-11: SUSPENSION OR REVOCATION OF PERMIT:
4-13-12: HAZARDS:
4-13-13: VIOLATIONS:

4-13-1: PREAMBLE AND GENERAL PROVISIONS:linklink


(A) Preamble: The purpose of this chapter is to protect existing land grades, contours, drainage patterns and water quality from adverse consequences caused by land disturbing activities such as digging, excavating, grading and filling, as well as from alteration of existing vegetation. This chapter sets forth the procedures for the issuance, implementation and enforcement of grading permits.


(B) Definitions: When used in this chapter, the following words shall mean:

APPLICANT: Any person, corporation, partnership, association of any type, public agency or any other legal entity who submits an application to the village for a grading permit pursuant to this chapter.

AS GRADED: The surface conditions upon completion of grading activities.

CIVIL ENGINEER: A professional engineer registered in the state of Illinois.

EARTH MATERIAL: Any rock, soil, fill and/or combination thereof.

EROSION: The wearing away of the ground surface as a result of the movement of wind, water and/or ice.

GRADE: The vertical location of the ground surface.

   Existing Grade: The grade prior to any land disturbing activities governed by this chapter.

   Finish Grade: The final grade of the site which conforms to the approved plan.

   Rough Grade: The stage at which the grade conforms (within .3") to the approved plan.

GRADING PERMIT: That permit required for any "land disturbing activity" as defined herein.

IEPA: Illinois environmental protection agency.

LAND DISTURBING ACTIVITY: Any activity that alters the existing drainage flow including, but not limited to, grading, filling, digging, or excavating earth material, construction or demolition of buildings and structures, as well as alteration to, or removal of, existing vegetation.

PERMITTEE: The applicant in whose name a grading permit is issued pursuant to this chapter and his/her agents, employees and others acting under his/her direction.

SITE: The parcel(s), or portion thereof, of real property upon which land disturbing activities are to be conducted.

SITE GRADING PLAN: The delineation of measures designed to protect existing land grades, contours, drainage patterns and water quality from adverse consequences caused by land disturbing activities.

SOIL: Naturally occurring deposits overlying bedrock.

VILLAGE: The village of Riverside, Cook County, state of Illinois.

VILLAGE ENGINEER: The village engineer of the village of Riverside and duly authorized designees responsible for the administration and control of grading activities in the village. (Ord. 2514, 12-20-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41522#s376709
4-13-2: STATUTORY CONSTRUCTION:linklink


(A) Other Laws: Neither this section, nor any administrative decision made pursuant hereto, shall be construed to:

1. Exempt the site owner or permittee from procuring or complying with any other required permit;

2. Relieve the site owner or permittee from legal responsibility for any damage, loss or injury caused as a result of any land disturbing activity, whether permitted or not, under this section; or

3. Limit the right of any person to initiate any action, at law or in equity, for redress, relief or damages caused by activities regulated by this chapter.


(B) Severability And Validity: If any portion, subsection, sentence, clause, phrase, or other language contained in this chapter, or its application to any person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof.


(C) Cumulative Enforcement Procedures: The procedures for enforcement of the requirements and regulations as set forth in this chapter are cumulative and not exclusive. (Ord. 2514, 12-20-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41522#s376710
4-13-3: GRADING PERMITS:linklink


(A) General Requirement: No person may fill, store or dispose of earth materials; alter an existing land grade, contour or drainage pattern; or perform any other land disturbing activity without first obtaining a grading permit pursuant to this section.


(B) Specific Projects Requiring A Permit: Projects that require a grading permit include, but are not limited to:

1. Construction of new homes or buildings;

2. Construction of new garages or auxiliary structures with a footprint of four hundred (400) square feet or more;

3. Installation of inground swimming pools;

4. Construction of an addition to an existing structure that adds four hundred (400) square feet or more to the existing structure's footprint;

5. Landscaping that changes the grade of the site such that existing drainage flows will be altered;

6. Any construction or landscaping activity which adds ten percent (10%) or more to the impervious surfaces of a lot (for purposes of calculating the impervious surfaces, semipervious surfaces shall be counted as impervious based upon a proportional contribution to runoff as determined by generally accepted engineering practices and standards);

7. Land disturbing activity proposed in a floodplain as established by the federal emergency management agency (FEMA);

8. Any land disturbing activity over an area greater than or equal to one acre; and

9. Demolition of any building or structure.


(C) Exemptions: Projects that, in the determination of the village engineer, do not alter an existing grade, contour or drainage flow will not be subject to the permitting requirements herein, including, but not limited to, the following:

1. Raised decks which do not significantly decrease infiltration;

2. Fences;

3. Tree removal and planting;

4. Replacement of garages or auxiliary buildings with structures of the same footprint and at the same location;

5. Landscaping or gardening that does not change the grade of the site. (Ord. 2514, 12-20-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41522#s376711
4-13-4: PERMIT APPLICATION PROCEDURES:linklink


(A) Information Required: No request for a grading permit shall be reviewed until the following items have been submitted to the village:

1. Application form;

2. Permit fee;

3. If required, two (2) copies of the proposed site grading plan.


(B) Grading Permit Application Form: The applicant shall submit the grading permit application form supplied by the village and provide the following information:

1. Address and permanent index number (PIN) of the site;

2. Name, address and telephone number of the applicant(s);

3. Name, address and telephone number of all contractors, subcontractors or other persons performing the activities at the site;

4. Description and schematic depiction of the project; and

5. Signature(s) of the owner(s) of the site.


(C) Site Grading Plan:

1. Application Review: Upon submittal of a complete application form and grading permit fee, the village engineer will determine whether a site grading plan will be necessary, and if so, the level of plan detail that will be required taking into account and balancing the available resources against the potential risk and potential damage to adjacent property or public rights of way caused by possible water runoff, erosion, sedimentation or drainage. The site grading plan required by the village engineer shall contain only those elements reasonably necessary to identify and remedy the potential risks and potential damage identified during application review.

2. Plan Detail: The site grading plan may include one or more (but need not include all) of the following:

(a) Name, address and telephone number of the civil engineer(s) responsible for the preparation of the site grading plan;

(b) Legend;

(c) Scale of drawing;

(d) Site address;

(e) Existing and proposed topography of the entire site taken at one foot (1') contour intervals;

(f) Contour intervals that extend a minimum of twenty five feet (25') off site or a distance sufficient to show on and off site drainage;

(g) Site property lines and all drainage easements on, under or across the site;

(h) Location and representation of all existing natural drainage and runoff patterns, swales and flows, as well as manmade drainage facilities, and all proposed natural and manmade drainage facilities, including all surface and subsurface drainage devices, walls, cribbing, curbs, and dams on or within fifty feet (50') of the site;

(i) Delineation of the drainage area and the drainage area served by all existing down spouts, footing drains and sump pump discharges, and disposition of discharge thereforth;

(j) Location of the proposed areas of excavation, fill, storage and disposal of earth materials;

(k) Location and identification of existing vegetation, new vegetation to be placed on the site and vegetation to be removed from the site;

(l) Location of any existing and proposed buildings and structures including top of foundation, garage slab and elevations of proposed finished grade at all significant points around the proposed building or structure, including window wells, patios and swimming pools;

(m) Impervious surface area calculation;

(n) Delineation of the measures that will be used to control surface erosion and runoff from the site after all buildings and structures and permanent improvements have been erected on the site;

(o) Elevation and description of the bench mark utilized for the site grading plan. Federal emergency management administration datum should be used for all properties located either entirely or partially in the regulatory floodplain;

(p) Three (3) to five (5) representative cross sections for each side yard between a neighboring residence and proposed construction. Cross sections shall extend between the top of foundation (T/F) of the proposed residence to the T/F of the existing residence;

(q) Locations of all manholes, utility structures, fire hydrants, streetlights, curbs, sidewalks, transformers, junction boxes and pads/pedestals located in the public right of way, or in any easements on the subject property;

(r) Certification that the proposed project will not result in drainage, erosion or runoff which adversely impacts adjacent properties or the public rights of way;

(s) The applicant may be required to provide notice of the land disturbing activities to any adjacent property owner in the form to be provided by the village.

3. Submittal Of Site Grading Plan: The site grading plan shall be prepared and stamped by a civil engineer and drawn to a scale of one inch equals twenty feet (1" = 20'). The plan shall be submitted on paper which measures eleven inches by seventeen inches (11" x 17"). With the prior approval of the village engineer, for certain large or multiparcel projects, the plan may be on paper which is twenty four inches by thirty six inches (24" x 36"). Two (2) copies of the site grading plan shall be submitted to the village engineer.


(D) Submission Of Additional Data: The village engineer shall review all documentation submitted pursuant to this section and, if deemed necessary to evaluate potential adverse consequences from the proposed land disturbing activity, the village engineer has the authority to request additional data, clarification, or correction of data already submitted.

1. Interim Measures: To the extent the village engineer determines that the runoff, erosion, sedimentation or drainage expected to occur while the project is ongoing, and before final grading, will adversely impact adjacent properties or public rights of way, the site grading plan shall also include:

(a) Additional detail regarding the intended interim on site storage, placement, fill and disposal of earth materials; and

(b) A specific plan to eliminate the adverse impacts identified, including, but not limited to, interim soil stabilization devices and proposed measures for erosion and sedimentation control. All such proposed measures shall be based upon the standards and requirements contained in the latest edition of the "Illinois Urban Manual", compiled by the IEPA and the United States department of agriculture, natural resource conservation service.

2. Demolition: Where demolition of existing structures on a site is intended, yet permanent improvements will not be constructed thereon within sixty (60) days from the date of demolition, delineation of measures to control runoff, erosion and sedimentation as required by this section must be provided.

3. Final Grading: To the extent the village engineer determines that the proposed final grade, land contour or drainage pattern will, upon project completion, adversely impact adjacent properties or the public rights of way, the site grading plan shall also include:

(a) Data regarding the classification, distribution, strength, and erodability of existing soils;

(b) Data regarding the nature, distribution, strength and erodability of earth materials, if any are to be placed on the site;

(c) Level of water table;

(d) Plans for permanent soil stabilization upon project completion;

(e) Design criteria for corrective measures, when necessary; and

(f) Alternate proposal for final grading that will eliminate the identified adverse impacts.

4. As Graded: Upon final completion of the work, the village engineer may require an as graded plan which would include the following:

(a) Approved site grading plan;

(b) Existing grade surface elevations;

(c) Finish grade surface elevations;

(d) Lot drainage patterns; and

(e) Locations and elevations of all surface and subsurface drainage facilities. (Ord. 2514, 12-20-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41522#s376712
4-13-5: GRADING PERMIT FEES:linklink

The application fee for grading permits shall be one hundred dollars ($100.00). If additional data is submitted pursuant to subsection 4-13-4(D) of this chapter, an additional twenty five dollar ($25.00) fee will be required.

Professional fees in the amount of the village's out of pocket costs relative to the grading plan review shall be reimbursement to the village in conformance with subsection 4-1-4(I) of this title. (Ord. 2877, 7-16-2015)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41522#s376713
4-13-6: PERMIT DURATION:linklink


(A) Grading permits shall be valid until such time as there has been inspection and approval of final grading or for eighteen (18) months, whichever is shorter.


(B) Any request for an extension of a grading permit must be submitted in writing to the village engineer and must detail the reasons for said request. Upon good cause shown, the village engineer may grant an extension.


(C) An additional fee of twenty five dollars ($25.00) shall be paid prior to the extension of any grading permit. (Ord. 2514, 12-20-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41522#s376714
4-13-7: PERMIT DENIAL:linklink


(A) Standard: If, in the determination of the village engineer, the proposed work will unreasonably divert surface water onto adjacent properties or the public rights of way; materially alter existing drainage patterns so as to adversely impact adjacent properties or the public rights of way; unreasonably increase or concentrate runoff of stormwater onto adjacent properties or the public rights of way; or cause some similar material adverse impact and the applicant fails to submit proposed measures that would eliminate the identified adverse impacts, then the request for a grading permit shall be denied.


(B) Right To Appeal: If a grading permit is denied pursuant to this section or an extension is denied pursuant to subsection 4-13-6(B) of this chapter, the applicant may, no later than thirty (30) days from the date of said denial, appeal the decision to the village manager.


(C) Appeal To Board Of Trustees:

1. An appeal to the board of trustees from any decision of the village manager made pursuant to this section may be initiated by one or more persons or entities, including a unit of local government, aggrieved by the decision.

2. An appeal shall be filed no later than thirty (30) days after the date of the contested decision. The request for an appeal shall be filed in writing with the village manager. The appeal shall state with particularity the following:

(a) The name of the party requesting the appeal and that party's interest in the matter;

(b) The common address of the site;

(c) A statement setting forth the reasons for the appeal; and

(d) The specific relief being sought.

Upon the timely filing of an appeal, the village manager shall transmit to the board of trustees all the papers constituting the record upon which the action appealed from was taken.

3. The board of trustees shall consider the appeal at a regular or special meeting. The board shall affirm, reverse, or modify the decision.

4. The decision of the village manager shall not be modified unless the board finds by clear and convincing evidence that the village manager made an error in the application or interpretation of the terms of this chapter, or of other related policies adopted by the village, and the burden of proof shall be on the party filing said appeal. The decision of the village manager shall not be reversed or modified except by a majority vote of the members of the board present and voting. (Ord. 2514, 12-20-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41522#s376715
4-13-8: ASSIGNMENT OF PERMIT:linklink

A grading permit issued pursuant to this section may be assigned under the following conditions:


(A) Prior to the assignment, the permittee notifies the village engineer of the proposed assignment; and


(B) The proposed assignee:

1. Submits a new application form;

2. Agrees to all conditions and duties imposed by the existing grading permit and site grading plan, including any modifications thereto; and

3. Assumes full legal responsibility for all work performed prior to the date of the assignment. (Ord. 2514, 12-20-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41522#s376716
4-13-9: PERMITTEE'S DUTIES:linklink


(A) Upon the issuance of a grading permit, the permittee shall:

1. Maintain a copy of the grading permit and site grading plan at the site and available for public inspection during working hours; and

2. Post the grading permit placard at the site at least forty eight (48) hours prior to the initiation of any land disturbing activity.


(B) At all times during the implementation of the site grading plan, the permittee shall:

1. Be in conformity with the grading permit;

2. Notify the village engineer within forty eight (48) hours of:

(a) The initiation of the work at the site;

(b) The installation of all erosion control devices; and

(c) The readiness of the site for final inspection, including, but not limited to, finished grading, installation of drainage devices and final erosion control measures.


(C) Permittee shall stop work immediately and notify the village engineer if site conditions arise that preclude conformance of the work to the approved site grading plan.

1. Said notice shall identify the site conditions that preclude compliance with the site grading plan and delineate any and all revisions, modifications and/or additions thereby required to the site grading plan.

2. The village engineer shall review all documentation submitted pursuant to subsection (C)1 of this section and may require permittee to further clarify, revise or supplement the proposed site grading plan modifications prior to resuming any work at the site. (Ord. 2514, 12-20-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41522#s376717
4-13-10: SITE INSPECTIONS:linklink

The village engineer may inspect a site as necessary to determine compliance with, and to effectuate the purposes of, this chapter including, but not limited to, the following circumstances:


(A) Upon receipt of notice given pursuant to section 4-13-8 of this chapter;


(B) To verify completion of any modifications required as a result of changed site conditions;


(C) During and following any rainfall; and


(D) Upon receipt of notice that site conditions pose a health or safety risk. (Ord. 2514, 12-20-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41522#s376718
4-13-11: SUSPENSION OR REVOCATION OF PERMIT:linklink


(A) The village engineer shall issue a stop work order and suspend the grading permit when:

1. It is determined that the grading permit was issued in error on the basis of incorrect information supplied, or in violation of any ordinance, regulation or provision of this code;

2. Permittee fails to comply with any of the duties set forth in this chapter; or

3. Inspection by the village engineer reveals that the work is not in conformance with the site grading plan, or required modifications thereto.


(B) The village engineer may revoke any grading permit if the permittee fails or refuses, after suspension of the grading permit and receipt of a stop work order, to cease work at the site. (Ord. 2514, 12-20-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41522#s376719
4-13-12: HAZARDS:linklink


(A) Notwithstanding any permitting under this section, whenever the village engineer determines that any existing excavation, embankment, fill or land contour on private property is a serious health hazard or materially adversely affects the safety, use or stability of adjacent property, a public way or drainage channel, the owner of said property shall, upon receipt of written notice from the village engineer and within the period specified therein, abate or eliminate any such hazard as requested by the village engineer.


(B) If the owner and/or permittee fails to abate the hazard within the time specified, the village may take such action as is necessary to abate the hazard in order to protect the public health and safety. (Ord. 2514, 12-20-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41522#s376720
4-13-13: VIOLATIONS:linklink


(A) Failure To Obtain A Permit: It shall be unlawful for any person to initiate or engage in any land disturbing activity prior to obtaining a grading permit as required herein.


(B) Refusal To Comply: It shall be unlawful for any permittee to continue work on a site after suspension or revocation of the grading permit or after receipt of a stop work order otherwise issued by the village.


(C) Fines And Penalties: Any person who violates the provisions of this section shall be guilty of a violation punishable by a fine of not less than two hundred dollars ($200.00) and not more than seven hundred fifty dollars ($750.00) for each offense. A separate offense shall be deemed committed for each day that an offense continues. (Ord. 2514, 12-20-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41522#s376721