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O-09-09VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -09 -09 AN ORDINANCE AMENDING THE REQUIREMENTS FOR RESIDENTIAL SITE GRADING AND STORMWATER DRAINAGE IN THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 20th day of April , 2009. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 20th day of April , 2009. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -09 -09 AN ORDINANCE AMENDING THE REQUIREMENTS FOR RESIDENTIAL SITE GRADING AND STORMWATER DRAINAGE IN THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD WHEREAS, the Residential Redevelopment Review Task Force (the "Task Force ") was established in 2001 to study issues related to the redevelopment of residential lots in the Village of Deerfield with larger homes and to submit recommendations to the corporate authorities of the Village concerning the adequacy of the Village's regulatory controls and possible code amendments needed to address public health, safety and welfare issues arising out of the current and expected redevelopment of the Village's housing stock; and, WHEREAS, as recommended by the Task Force, the corporate authorities of the Village of Deerfield adopted Ordinance No. 0 -07 -08 establishing requirements for the timely completion of demolition and new house construction, and Ordinance No. 0 -03 -27 establishing site grading and drainage requirements for work on residential lots that could adversely affect stormwater drainage patterns to the detriment of other nearby properties; and, WHEREAS, the Task Force was reconvened in 2008 to review the status of residential redevelopment in the Village of Deerfield and the efficacy of regulations previously adopted by the corporate authorities to control public health, safety and welfare issues arising out of the redevelopment of the Village's housing stock; and, WHEREAS, the Task Force was reconvened in 2008 to review the status of residential redevelopment in the Village of Deerfield and the efficacy of the regulations previously adopted by the corporate authorities to control public health, safety and welfare issues arising out of the redevelopment of the Village's housing stock; and, WHEREAS, the Task Force has submitted its report and recommendation to the corporate authorities recommending, among other things, (i) certain modifications to the site grading and drainage regulations contained in Chapter 6, Article 10 of the Municipal Code of the Village of Deerfield, and (ii) that the construction site performance bond requirements set forth in Section 6 -19.1 and 6 -19.2 of the Municipal Code of the Village of Deerfield be extended to cover the performance of said site grading and drainage regulations; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that enactment of the amendments provided herein will advance the public health, safety and welfare of the Village; 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 Sections 6 -19 (Building Permits; Time Limits) of Article 1 (In General) of Chapter 6 (Building) of the Municipal Code of the Village of Deerfield, be and the same is hereby amended to read as follows (additions are indicated by underscore markings, and deletions are indicated by strikeout markings): Sec. 6 -19. Building Permits; Time Limits: The maximum time for completion of construction shall not exceed the following: (a) Twelve (12) months from the date of issuance of a building permit for a new single - family residence. -2- (b) Nine (9) months from the date of issuance of a building permit for additions, alterations, modifications, repairs and improvements to an existing single - family residence having an estimated value of equal to or less than one hundred thousand dollars ($100,000.00). (c) Twelve (12) months from the date of issuance of a building permit for additions, alterations, modification, repairs and improvements to an existing single - family residence having an estimated value of greater than one hundred thousand dollars ($100,000.00). (d) Twenty -four (24) months from the date of issuance of a building permit for construction other than single - family residential. (e) All building permits or permits for grading under which the proposed construction has not been completed as evidenced by the issuance of a certificate of occupancy within the maximum time stated herein shall expire by limitation on the expiration of such time and no building construction, alteration or removal, or further site grading and drainage, shall take place after such expiration except as authorized by the issuance of a new permit, or as directed by the Director of Building and Zoning to remedy or correct specific violations of the ordinances of the Village. All fees paid on such expired permits shall be forfeited to the Village. (f) Upon payment of the fee as provided for in section 6 -79 of this chapter a building permit or permit for grading may be extended for a period not exceeding four (4) months only upon the approval of the Director of Building and Zoning and only in the event that the plans for construction comply with all aspects of this code and all other ordinances in effect at said time. SECTION 2: That Section 6 -19.1 (Construction Site Performance Bond, Amount; Replenishment) of Article 1 (In General) of Chapter 6 (Building) of the Municipal Code of the Village of Deerfield, be and the same is hereby amended to read as follows (additions are indicated by underscore markings, and deletions are indicated by strikeout markings): Sec. 6 -19.1 Construction Site Performance Bond; Amount; Replenishment: (a) No building permit shall be issued for construction of any new single - family residence or for any alterations, additions or renovations to an existing single - family residence with a cost determined by the Director of Building and Zoning to be in excess of One Hundred Thousand Dollars -3- ($100,000.00) unless the owner or contractor (the "applicant ") first provides the Village with a performance guarantee in the form of (i) a cash security deposit or (ii) an irrevocable letter of credit issued by a state or national bank or savings institution authorized to do business in the State of Illinois. (b) The performance guarantee for permits described in (a) above shall be in an amount equal to the greater of three percent (3 %) of the estimated value of the construction as determined by the Director of Building and Zoning, or ten thousand dollars ($10,000.00). Such performance guarantee is in addition to all other application fees, costs and bonds required by the Village. (c) No building permit shall be issued for construction of any alterations, additions or renovation to an existing single - family residence, with an estimated value of construction determined by the Director of Building and Zoning of up to one hundred thousand dollars ($100.000.00), unless the owner or contractor (the "applicant ") first provides the Village with a performance guarantee in the form of (i) a cash security deposit or (ii) an irrevocable letter of credit issued by a state or national bank or savings institution authorized to do business in the State of Illinois. (d) The performance guarantee for permits described in (c) above shall be in an amount equal to three thousand dollars ($3,000), or an amount determined by the Director of Public Works to be the reasonable cost of complying with the site grading and drainage regulations in Article 10 and the construction management regulations in Article 11 of this Chapter. In no event, however, shall an applicant for a permit described in (c) above be required to provide a performance guarantee in an amount greater than ten thousand dollars ($10,000.00). Such performance guarantee is in addition to all other application fees, costs and bonds required by the Village. (e) The failure of the applicant to comply with the site grading and drainage regulations in Article 10 and the construction management regulations in Article 11 of this Chapter shall be considered a default by the applicant and will authorize the Village to draw upon the performance guarantee for payment or reimbursement of -all costs incurred or to be incurred by the Village in taking remedial action for applicant's failure to comply. (f) The failure of the applicant to comply with the construction time limits provided in Section 6 -19 of this Article shall be considered a default by the applicant and will authorize the Village to draw upon the performance -4- guarantee for payment of the default penalties set forth in Section 6 -19.2 of this Article. (g) In the event that the performance guarantee is not sufficient to reimburse the Village for remedial costs incurred by the Village or for payment of default penalties in Section 6 -19.2 for violation of the construction time limits provided herein, it shall be the duty of the applicant to replenish the performance guarantee and to reimburse the Village for such costs within fourteen (14) days after written demand by the Village. (h) The Village shall retain a portion of the performance guarantee for a minimum of one year after issuance of a- certificate of occupancy the Direction of Building and Zoning. This is to secure that the site grading and stormwater drainage plan improvements for the site have been implemented as required by Article 10 and are performing as intended. If site corrections are made during that one year period to secure such performance, the performance guarantee shall be retained for one additional year to guarantee satisfactory performance. The retainage shall be $5,000 for permits described in paragraph (a) and $3,000 for the permits described in paragraph (c). Upon completion of this performance guarantee period, the retainage or any unused portion thereof, shall be returned, without interest, to applicant. (i) The Village shall return the performance guarantee or any unused portion thereof, without interest and without the retainage described in (h) above, to the applicant within thirty (30) days after the issuance of a certificate of occupancy by the Director of Building and Zoning, provided that applicant is not then in violation or default of the requirements of this Chapter. SECTION 3: That Section 6 -19.2 (Failure to Comply with Construction Time Limits; Default Penalties) of Article 1 (In General) of Chapter 6 (Building) of the Municipal Code of the Village of Deerfield, be and the same is hereby amended to read as follows (additions are indicated by underscore markings, and deletions are indicated by strikeout markings): Sec. 6 -19.2 Failure to Comply with Construction Time Limits; Default Penalties: Every building permit authorizing construction of a new single - family residence or alterations, additions or renovations to an existing single - family residence with a cost in excess of One Hundred Thousand Dollars ($100,000.00) is conditioned on the agreement WIE of the permit applicant and the owner of the subject property, as evidenced by acceptance of the building permit issued by the Village, in addition to all other rights and remedies available to the Village, that: (a) Failure of the applicant or property owner to complete all exterior project construction (excluding punch list items) and final site grading and drainage within the time limits provided in Section 6 -19 of this Article, shall authorize imposition of the following penalties: (1) For the first 30 days that the project remains incomplete, there shall be a penalty of twenty -five dollars ($25.00) per day. (2) For the 31St through 601h days that the project remains incomplete, there shall be a penalty of one hundred dollars ($100.00) per day. (3) For the 61" through 120th days that the project remains incomplete, there shall be a penalty of two hundred and fifty dollars ($250.00) per day. (4) For the 121" and any additional days thereafter that the project remains incomplete, there shall be a penalty of five hundred dollars ($500.00) per day. (b) Failure of the applicant or property owner to complete all project construction as evidenced by the issuance of a final occupancy permit within the time limits provided in Section 6 -19 of this Chapter shall authorize imposition of the following penalties: f (1) For the first 30 days that the project remains incomplete, there shall be no penalty. (2) For the 31St through 601h days that the project remains incomplete, there shall be a penalty of fifty dollars ($50.00) per day. (3) For the 61St through 120th days that the project remains incomplete, there shall be a penalty of one hundred and twenty - five dollars ($125.00) per day. (4) For the 121" and any additional days thereafter that the project remains incomplete, there shall be a penalty of two hundred fifty dollars ($250.00) per day. I Me SECTION 4: That Article 10 (Site Grading and Drainage) of Chapter 6 (Building) of the Municipal Code of the Village of Deerfield, be and the same is hereby amended to read as follows (additions are indicated by underscore markings, and deletions are indicated by strikeout markings): Article 10. Site Grading and Drainage Sec. 6-60. Definitions: For purposes of this Article, the following words and phrases shall have the following meanings: (a) 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. (b) 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. (c) Grading: Any excavation, clearing, filling or grading of a site that results in a change in elevation or , a change in the volume, rate or direction of stormwater runoff. (d) 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 abutting the site as necessary in the opinion of the Village Engineer to establish existing drainage patterns that may be affected by the work. (e) Impervious Surface Improvements: A driveway, sidewalk, patio or other surface improvement that is constructed with materials rendering the same practically impervious to surface waters. -7- (f) 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. (g) 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 to all applicable laws and best engineering practices. A stormwater drainage plan shall address all portions of the site affected by grading activities,r by the construction of impervious surface improvements or any change which affects the rate, volume or direction of runoff. (h) Stormwater Runoff Water that results from precipitation that is not absorbed by soil or plant material before draining from a site. (i) 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 or the volume, rate or direction of runoff. Sec. 6 -61. 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: (a) Interior work; (b) Roof maintenance or repair (as long as the volume, rate and direction of runoff are not altered); (c) 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; increase impervious area on the site or change the volume, rate and direction of runoff. 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. 9F-M The appropriate unit of the building permit application must be completed and approved as provided in Section 6 -62 of this Article 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. Sec. 6 -62. Permits Required for Grading: (a) No grading of a site shall be performed until the owner of the site has completed the appropriate unit of the building permit application, submitted supporting documentation and been issued a permit approving a stormwater drainage plan for the site. A stormwater drainage plan is required for the issuance of a permit. (b) A 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 volume, rate and pattern of stormwater runoff onto or off of the site. (c) A separate permit is not required when a stormwater drainage plan is approved with a building permit issued for a site. The stormwater drainage plan must be submitted to and approved by the Village Engineer, prior to building permit issuance. Sec. 6 -63. 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: (a) 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. (b) 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. Site runoff volume, rate and direction must be included in drainage plan for existing and post - construction conditions. Any increase must be diverted or detained. Easements must be identified. A stormwater drainage plan shall include maintenance provisions. (c) Sufficient information to substantiate the stormwater drainage patterns proposed, including spotted elevations or topographic lines as necessary, indicating: (1) The slope of the property; (2) The location of any dry wells or storm sewer intakes; (3) The grades at the top of, and adjacent to, the foundation; (4) The property lines; (5) The location of all downspouts (and sump discharges) and their connection to the storm sewer serving the property; (6) Downspout discharges and overland flow routes as applicable; (7) Overland flow path(s) and emergency overflow route(s); and, (8) Base flood elevation and floodplain/floodway information (if applicable). (d) 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. (e) The plan shall identify and quantify any runoff changes (volume, rate or direction) for existing conditions and post - construction. Calculations to include a 2, 10 and 100 year design storm. (f) Calculate capacity of downstream storm sewers (not necessary if zero net discharge). (g) Existing and/or proposed easements for overland flow path(s) and for emergency access. (h) Maintenance instructions to describe expectations for maintenance of stormwater features including overland flow route(s). (i) No off -site increase in runoff values will be acceptable except as approved by the Village Engineer. (j) During construction, spot surveys shall be provided immediately after the foundation pour, including top of foundation (T/F), brick ledge(s) as well as the location of the foundation relative to the building lines. (k) One set of architectural drawings (with updates as needed) to be provided to the Village Engineer with the engineering submittal(s). -10- Sec. 6 -64. Downspouts and Sump Discharges: (a) All new and existing residential buildings whose additions increase the amount of property covered by buildings or modify downspout and sump discharges must connect all downspouts and sump discharges to the available storm sewer system, unless the Village Engineer determines that downstream sewer capacity is insufficient, or that a direct connection of downspouts and sump discharges 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. (b) Prepare downstream sewer capacity analysis for existing and proposed conditions prior to connecting to the public storm sewer. (c) Demonstrate and quantify the existing and proposed runoff volume, rate and direction. Any increase must be diverted or detained. (d) 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. (e) Discharges shall be directed away from adjacent properties and at a minimum setback from the property line (not less than one -half the building setback lines). (f) Runoff volumes and rates may not increase or change direction except as approved by the Village Engineer. (g) Direct downspout and sump discharges shall be released onto the site in a manner that provides positive drainage without adversely affecting adjacent property. Sec. 6 -65. Stockpiled Materials: (a) 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. -11- (b) Excavated material stockpiles must meet the requirements of the Lake County Watershed Development Ordinance including erosion and sediment control. Sec. 6 -66. As Built Grading Survey; Certificate of Completion: (a) 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, and subject to the further requirements set forth in subsections (b) through 0) hereof: (1) The construction of a new single - family residential building; (2) Any work or grading activity which increases the run -off volume or rate, or changes the run -off pattern; (3) Any work or grading activity within a drainage easement or swale. (b) An approved licensed design professional shall provide certified calculations for runoff volume, rate and sewer capacity. Post construction as -built survey is to be prepared and certified by the original design professional for the project and is to include elevations for top of foundation (T/F), brick ledge(s), and adjacent grades at foundation, rim and inverts for all drainage structures, downspout and sump discharges and drainage swales, at a minimum. (c) All work within the flood prone zones shall be documented. (d) Datum for surveys shall be NAVD 88 or the latest datum used by the Village. (e) All as -built drawings are to be submitted on paper and electronically in the latest format compatible with the Village's geographical information system (GIS). (f) After original plan approval, all subsequent changes must be submitted in writing with supporting calculations. Submittals will also be required for building additions and any work necessitating a stormwater drainage plan. (g) As a condition of approval of an as built grading plan, written maintenance instructions are to be submitted for review and approval. The owner must provide a maintenance commitment to the Village. (h) The owner of the site shall provide a certificate of completion by owner's contractor, or by a surveyor, after completion of all construction work and -12- grading activities not described in subsection (a) of this section for which a stormwater drainage plan was required. A certificate of completion from Owner's contractor or from a surveyor is acceptable only with prior approval of the Village Engineer. Otherwise, only an Engineer's Certificate of Completion, as defined in Section 6 -60 hereof, shall be acceptable. (i) 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. (j) 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 paper and electronic formats. Sec. 6 -67. 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 Article. Sec. 6 -68. Duty of Property Owner: (a) It shall be unlawful for the owner of any site that has been improved or graded in accordance with a 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. (b) 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. -13- SECTION 5: 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 6: 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 20th day of April , 2009. AYES: Benton, Jester, Rosenthal, Seiden, Struthers, Wasserman (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 20th day ATTEST: Vill e Clerk -14-