O-03-27VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-03-27
AN ORDINANCE ADOPTING ARTICLE 10, SITE GRADING
AND DRAINAGE, OF CHAPTER 6, BUILDING, OF THE
MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
WHEREAS, the construction of buildings, structures and impervious surfaces, including
excavation, earthmoving and grading activities associated therewith, can unreasonably increase
the burden of stormwater drainage upon adjacent and neighboring property by decreasing the
amount of pervious surface area or by failing to provide proper and sufficient means for
managing the resulting changes in surface water drainage; and,
WHEREAS, the Residential Redevelopment Review Task Force has submitted its report
and recommendation to
the
President and
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Board of Trustees of the Village of Deerfield
recommending, among
other
things, that
the Village of Deerfield adopt certain drainage
regulations and requirements applicable to the redevelopment of existing residential lots in the
Village, to the construction of new residential buildings and structures, and to the construction of
substantial building additions, structures and impervious surfaces that may adversely increase the
burden of stormwater drainage upon adjacent and neighboring property; and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that the public health, safety and welfare of the residents of the Village of Deerfield
will be served by adoption of the drainage regulations and requirements set forth herein;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: That Chapter 6, Buildings, of the Municipal Code of the Village of
Deerfield, as amended, be and the same is hereby further amended to add the following as
Article 10 thereof entitled "Site Grading and Drainage," to wit:
Article 10. Site Grading and Drainage
6.10 -1 Definitions:
For purposes of this Article, the following words and phrases shall have the
following meanings:
(1) As -Built Grading Survey: A survey by a licensed surveyor of actual
grades at critical areas of the site, made following the completion of work
and grading activities at the site, which is sufficient in the opinion of the
Village Engineer to demonstrate drainage of stormwater runoff from the
site in accordance with the approved stormwater drainage plan for the site.
(2) Engineer's Certificate of Completion: A certificate by a licensed
engineer, following the completion of work and grading activities at the
site, that the' engineer has inspected the site following completion of the
work and that future stormwater runoff from the site will be contained,
routed and released in accordance with the approved stormwater drainage
plan for the site.
(3) Grading: Any excavation, clearing, filling or grading of a site that results
in a change in elevation or a change in the overland flow of stormwater
runoff.
(4) Grading Survey: A survey by a licensed surveyor of actual grades at
critical areas of the site sufficient in the opinion of the Village Engineer to
demonstrate drainage of stormwater runoff from the site. A grading
survey shall also show the top of foundation elevation of structures
adjacent to the site and the actual grades at critical areas on property
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abutting the site as necessary in the opinion of the Village Engineer to
establish existing drainage patterns that may be affected by the work.
(5) Impervious Surface Improvements: A driveway, sidewalk, patio or other
surface improvement that is constructed with materials rendering the same
practically impervious to surface waters.
(6) Site: Any lot block, tract or parcel of land in the R -1, R -2, R -3, R -4 or R-
5 residential zoning districts, or in a residential planned unit development,
where work or grading is proposed or performed.
(7) Stormwater Drainage Plan: A plan for containing, routing and releasing
stormwater runoff from a site approved by the Village Engineer. A
Stormwater drainage plan shall be consistent with the final engineering
plans and drainage system, if any, approved for the subdivision in which
the site is located and shall conform with all applicable laws and best
engineering practices. A stormwater drainage plan shall address that
portion of the site affected by grading activities or by the construction of
impervious surface improvements.
(8) Stormwater Runoff.- Water that results from precipitation that is not
absorbed by soil or plant material before draining from a site.
(9) Work: Any work on an existing or proposed residential building, structure
or site which changes, or proposes to change, the exterior dimensions at
grade level of the building or structures on the site.
6.10 -2 Drainage Plans Required With.Building Permit Applications:
No building permit shall be issued for a site until the owner of the site or his
authorized agent has submitted a Stormwater drainage plan, together with all other
submissions required under Village ordinances. Required stormwater drainage
plans shall be submitted for review and approved prior to the start of construction
work or grading activities. Stormwater drainage plans shall be required for all
work on any site requiring a building permit except the following:
(1) Interior work;
(2) Roof maintenance or repair;
(3) Any other work that does not make, or propose to make, any change to the
exterior dimensions at grade level of the structures on the site.
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All stormwater plans must reflect conformance with all applicable laws and best
engineering practices. Such plans must be approved by the Village Engineer
before any demolition or construction work may commence.
Grading permits are required as provided in Section 6.10 -3 for any re- contouring
or grading work to be done even if no demolition or construction work is
contemplated.
All plans must be prepared and sealed by a licensed engineer.
6.10 -3 Grading Permits Required:
(1) No grading of a site shall be performed until the owner of the site has been
issued a grading permit. A stormwater drainage plan is required for the
issuance of a grading permit.
(2) A grading permit shall not be required for routine and ordinary landscape
activities, provided that such grading or landscape activities do not result
in a material change in the pattern of stormwater runoff from the site.
(3) A separate grading permit is not required when a stormwater drainage plan
is approved with a building permit issued for a site
6.10 -4 Stormwater Drainage Plan Components:
Required stormwater drainage plans must address both existing and proposed
stormwater drainage conditions and drainage channels on the site and the location
on the site of excavated soil to be stockpiled during construction. In particular,
surface drainage patterns on the site during and after construction must be shown.
The following is required at a minimum:
(1) A grading survey which shows the existing stormwater runoff patterns and
the location of any Special Flood Hazard Areas prior to demolition of any
habitable building and before any grading of the site.
(2) An engineered stormwater drainage plan that shows the proposed drainage
patterns during and after construction. Site drainage conditions during and
after construction may not be any worse than before construction, or
impose a greater burden on downstream or upstream property owners than
existed before construction.
(3) Sufficient information to substantiate the stormwater drainage patterns
proposed including spotted elevations or topographic lines as necessary
indicating:
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(a) The slope of the property;
(b) The location of any dry wells or storm sewer intakes;
(c) The grades for the top of foundation;
(d) The property lines; and,
(e) The location of all downspouts and their connection to the storm
sewer serving the property.
(4) An excavated materials plan showing where the stockpiling will occur,
how stormwater water runoff will be accommodated and the facilities to
be provided to prevent soil erosion or silting of downstream areas.
6.10 -5 Downspouts and Sump Discharges:
(1) All new and existing residential buildings whose additions increase the
amount of property covered by buildings must connect all downspouts and
sump discharges to the available storm sewer system, unless the Village
Engineer determines that a direct connection of downspouts to the
available storm sewer system is not necessary to prevent an increased
burden upon adjoining property by reason of stormwater runoff in
accordance with applicable laws and best engineering practices.
(2) Direct connection of downspouts to the storm sewer system is not required
if the public storm sewer system is more than two hundred feet (200 ft.)
from the site, is not within easements or street right -of -way, or if
applicable laws prohibit the direct inflow of stormwater.
(3) Direct downspout and sump discharges shall be released onto the site in a
manner that provides positive drainage without adversely affecting
adjacent property.
6.10 -6 Stockpiled Materials:
Material stockpiles may not be located in areas where they might erode onto
adjacent properties, public streets, or sidewalks. Stockpiles and excavated
materials may not be placed in areas where potential damage to trees may occur
or may cause root suffocation.
6.10 -7 As Built Grading Survey; Certificate of Completion:
(1) An "as built" grading survey shall be provided after completion of the
following construction work and grading activities for which a stormwater
drainage plan was required:
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(a) The construction of a new single- family residential building;
(b) Any work or grading activity which, in the opinion of the Village
Engineer, will result in a material change in the existing drainage
pattern on the site;
(c) Any work or grading activity within a drainage easement or swale.
(2) The owner of the site shall provide a certificate of completion by owner's
contractor, or 'by a licensed engineer or surveyor, after completion of all
construction work and grading activities not described in Section 6.10 -7(1)
above for which a stormwater drainage plan was required.
(3) ' The Village Engineer shall approve the "as built" grading survey or
certificate of completion if the Village Engineer determines that the
approved stormwater drainage plan for the site has been implemented as
required by this Article. No occupancy permit of any kind shall be issued
until such survey or certificate has been approved by the Village Engineer
and is on file with the Director of Community Development.
(4) All "as built" grading surveys shall include public record easement
information for the site. "As built" grading surveys shall be provided to
the Village in reproducible and electronic formats.
6.10 -8 Waiver of Grading Survey Requirement:
The Village Engineer, upon a written appeal by the property owner, may, for good
cause shown, waive or modify the requirement for a grading survey prior to
construction or grading activities, and /or the requirement for an "as- built" grading
survey after the completion of construction and/or grading activities. For
purposes of this Article, "good cause" shall be deemed to be evidence satisfactory
to the Village Engineer that compliance with the requirements and intent of an
approved stormwater drainage plan can be determined without the full
topographic survey information otherwise required by this Ordinance.
6.10 -9 Duty of Property Owner:
(1) It shall be unlawful for the owner of any site that has been improved or
graded in accordance with stormwater drainage plan approved pursuant to
this Article to alter or change any structure, grade, contour line, drainage
channel or stormwater storage area in contravention of such approved
drainage plan, or to allow the site to remain in a condition which does not
conform to such approved stormwater drainage plan.
(2) It shall be the duty of the owner of any site required to be improved and
maintained in conformance with an approved stormwater drainage plan to
bring such site into compliance with said engineering plans within
fourteen (14) days following written notice from the Director of
Community Development that said site does not conform to the approved
stormwater drainage plans for such property.
SECTION 2: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b)
legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
SECTION 3: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 19th- . day of Ma
2003.
AYES: Benton, Kayne, Seiden, Swanson, Wylie (5)
NAYS: None .:'('0)
ABSENT: Rosenthal (1)
ABSTAIN: None (0 )
APPROVED this 19th day of May , 2003.
ATTEST:
illage Clerk
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. �pvy.e ry
Village President