§ 29-31. Authority and purpose; other relevant permitting; applicability; exemptions; exceptions; separability.

(a)

Authority and purpose.

(1)

This article is enacted pursuant to the police powers granted to the Village of Godfrey, Illinois, by the 65 ILCS 5/11-12-4, 65 ILCS 5/1-2-1, 65 ILCS 5/11-12-5, 65 ILCS 5/11-13-1 et seq.

(2)

The purpose of this article is to diminish threats to public health and safety, protect property, prevent damage to the environment and promote public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any new development or redevelopment or other activity which disturbs or breaks the topsoil or otherwise results in the movement of earth, and/or changes the stormwater drainage pattern and/or stormwater flows from that which would have occurred if the land had been left in its natural state. This stormwater runoff and resulting soil erosion could result in the inundation of damageable properties, the erosion and destabilization of downstream channels, and the pollution of valuable stream and lake resources. This article regulates these activities to minimize adverse impacts.

The purpose of this article is also to comply with the General National Pollutant Discharge Elimination System (NPDES) permit No. ILR40 regulations, the notice of intent (NOI) submitted to the IEPA in 2003.

(3)

This article is adopted to accomplish the following objectives:

a.

To assure that new development or redevelopment does not increase the drainage or flood hazards, or create unstable conditions susceptible to soil erosion;

b.

To protect new buildings and major improvements to buildings from flood damage due to increased stormwater runoff and soil erosion;

c.

To protect human life and health from the hazards of increased flooding and soil erosion on a watershed basis;

d.

To lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public facilities and utilities, correction of channel erosion problems, and flood rescue and relief operations caused by stormwater runoff and soil erosion quantities from new development or redevelopment;

e.

To protect, conserve, and promote the orderly development of land and soil, water, air, animal, and plant resources;

f.

To preserve the natural hydrologic and hydraulic functions of watercourses and floodplains and to protect water quality and aquatic habitats;

g.

To preserve the natural characteristics of stream corridors in order to manage flood and stormwater impacts, improve water and groundwater quality, reduce soil erosion, protect aquatic and riparian habitat, maintain quality forest resources, provide recreational opportunities, provide aesthetic benefits, enhance community and economic development.

(b)

Other relevant permitting. Before a development permit under this article becomes effective, all required federal, state, and local permits will have been officially approved. The acquisition of these permits shall be the sole responsibility of the applicant. These may include, but are not limited to; section 404 of the Clean Waters Act, section 106 of the National Historic Preservation Act, section 10 of the Rivers and Harbors Act, or permitting required by the Illinois Department of Natural Resources, Office of Water Resources in accordance with the Rivers, Lakes and Streams Act, 615 ILCS, the Soil and Water Conservation Districts Act, 70 ILCS, the Farmland Preservation Act, 505 ILCS the Illinois Groundwater Protection Act, 415 ILCS and the National Pollutant Discharge Elimination System Permit (NPDES) thru the Illinois Environmental Protection Agency, Division of Water Pollution Control. Compliance is also required, but not limited to; the Zoning Ordinance and Land Subdivision Standards of the Village of Godfrey, Illinois.

(c)

Applicability. This article applies to all new development or redevelopment in the village. Except as otherwise provided in this article, no person, firm or corporation, public or private, the State of Illinois and its agencies or political subdivisions; the United States of America, and its agencies or political subdivisions, any agent, servant, officer or employee of any of the foregoing which meets the following provisions or is otherwise exempted in this article, shall commence any development activities without first having obtained a development permit from the building and zoning administrator of the village.

(1)

Any new development or redevelopment contains an area 10,000 or more square feet of total impervious surface (i.e., streets, roof, patio or parking area or any combination thereof);

(2)

Any land disturbing activity (i.e., clearing, grading, stripping, excavation, fill, or any combination thereof) that affects an area of 10,000 or more square feet, or that will exceed 100 cubic yards;

(3)

Any land disturbing activity if the activity is within 25 feet of a river, lake, pond, stream, sinkhole, or wetland; and is done in conjunction with subsections (c)(1) or (c)(2) of this section; or

(4)

Any land disturbing activity on the sloping side of the slope disturbance line and is in conjunction with subsections (c)(1), (c)(2), or (c)(3) of this section.

(d)

Exemptions.

(1)

A development permit shall not be required for the following:

a.

Any new development, redevelopment or other activity falling below the minimum standards as set forth in subsection (c) of this section.

b.

The agricultural use of land, including the implementation of conservation measures included in a farm conservation plan approved by the soil and water conservation district, and including the construction of agricultural structures.

c.

The maintenance of any existing stormwater drainage/detention component or structure or any existing soil erosion/sediment control component or structure; including dredging, levee restoration, tree removal or other function which maintains the original design capacities of the above.

d.

The construction of, improvements to, or the maintenance of any street, road, highway or interstate highway performed by any unit of government whose powers grant such authority.

(2)

A development permit is required for these uses but shall not be subject to the provisions of section 29-33, stormwater drainage and detention.

Any land disturbing activity that is one acre (43,560 square feet) or less; or development of tracts of land where not more than one single-family dwelling is being erected; or, any lots in a new subdivision of land where the lots front and have their sole access on an existing street or roadway.

(e)

Exceptions. The board of trustees of the village, after recommendation of the planning and zoning commission of the village, may, in accordance with the following procedures, authorize exceptions to any of the requirements and regulations set forth in this article:

(1)

Application for exception shall be made by a verified petition of the applicant for a development permit, stating fully the grounds of the petition and the facts relied upon by the applicant. Such petition shall be filed with the development permit application. In order for the petition to be granted, it shall be necessary that the board of trustees find all of the following facts with the respect to the land referred to in the application:

a.

That the land is of such shape or size or is affected by such physical conditions or is subject to such title limitations or record, that it is impossible or impractical for the applicant to comply with all of the requirements of this article;

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, environment or injurious to other property in the vicinity of the subject property.

(2)

Each application for an exception shall be made to the building and zoning administrator. The administrator will review and transmit recommendations to the planning and zoning commission, which shall review such recommendations prior to its recommendation to the board of trustees concerning granting or denying the exception.

(3)

The planning and zoning commission shall hold a public hearing on each application for exception, within 30 days after receiving the application, in the manner by ordinance. Within 30 days after public hearing, the planning and zoning commission shall recommend to either approve the site development permit application with the exceptions and conditions it deems necessary or it shall recommend to disapprove such development permit application and exception application, or it shall take other such action as appropriate. The decision of the board of trustees of the village, upon recommendation of the planning and zoning commission shall be the final decision.

(f)

Separability/severability. The provisions and sections of this article shall be deemed to be separable, and the invalidity of any portion of this article shall not affect the validity of the remainder.

(g)

Responsibility. The applicant shall not be relieved of responsibility for damage to persons or property otherwise imposed by law, and the village, or its officers or agents will not be made liable for such damage, by (1) the issuance of a development permit under this article, (2) compliance with the provisions of that development permit or conditions attached to it by the building and zoning administrator, (3) failure of village officials to observe or recognize hazardous or unsightly conditions, (4) failure of village officials to recommend denial or to deny a development permit, or (5) exemptions from development permit requirements of this article.

(h)

NPDES compliance: New and redevelopment, that is applicable to this article (per subsection (c)), must comply with the NDPES regulations (the general NPDES permit No. ILR40 and the NOI). NPDES compliance is obtained by adhering to this article, ILR 10 permits, the general NPDES for the village and the NOI submitted for each individual community and all future steps taken by the individual communities to implement the NOI.

(1)

Public education and outreach on stormwater impacts: In accordance with the general NPDES permit No. ILR40 and the NOI, the village will comply and implement activities as outlined in the public education and outreach on stormwater impacts section of said permit.

(2)

Public involvement/participation: In accordance with the general NPDES permit No. ILR40 and the NOI, the village will comply and implement activities as outlined in the public involvement/participation section of said permit.

(3)

Illicit discharge detection and elimination: In accordance with the general NPDES permit No. ILR40 and the NOI, the village will comply and implement activities as outlined in the illicit discharge detection and elimination section of said permit.

(4)

Construction site stormwater runoff control: In accordance with the general NPDES permit No. ILR40 and the NOI, the village will comply and implement activities as outlined in the construction site stormwater runoff control section of said permit.

(5)

Post-construction stormwater management in new development and redevelopment: In accordance with the general NPDES permit No. ILR40 and the NOI, the village will comply and implement activities as outlined in the post-construction stormwater management in new development and redevelopment section of said permit.

(6)

Pollution prevention/good housekeeping: In accordance with the general NPDES permit No. ILR40 and the NOI, the village will comply and implement activities as outlined in the pollution prevention/good housekeeping section of said permit.

(i)

Information accessibility to the public. Documents relating to the adherence to this article are available for review by request at Village Hall.

(Ord. No. 01-2008, § 1, 2-4-2008)