§ 151.09. PROTECTION OF EXISTING TREES, LANDSCAPING, GRADING AND EROSION CONTROL.

(A)

Protection of Existing Trees: Trees and surface vegetation provide a natural means of sedimentation and erosion control. The removal of deciduous trees having a diameter of four inches (4") or greater, a multi-branch tree with an aggregate diameter of eight inches (8") or greater, as measured at diameter breast height fifty-four inches (54") above the established ground level, or evergreen trees measuring five (5) vertical feet or more in height, or other types of surface vegetation shall not be permitted without compliance with section 154.135, "Tree Preservation", of this title.

(B)

Areas to be Graded and Seeded or Sodded:

(1)

Right-of-way:

(a)

All improved areas within the dedicated street area shall be graded and sodded, unless otherwise approved by the village. If it is a permitted natural landscape area, then the area shall be seeded or planted with native vegetation. Other public use areas shall be graded and seeded or sodded in an approved manner. Restoration work shall be performed to the satisfaction of the director of engineering and public works. Seeding mixtures shall be class I or class II and in accordance with the IDOT state standard specifications, or if it is a permitted natural landscape area, then the seeded area shall be a native seed mix approved by the village. All improved areas shall be graded smooth and topped with at least four inches (4") of black dirt after compacting and removal of stumps, trees that cannot be saved, boulders and such. Such areas shall be sodded in accordance with the IDOT state standard specifications, or seeded or planted with native vegetation if it is a permitted natural landscape area.

(2)

Residential Developments:

(a)

In developments with one (1) construction phase, the installation of perimeter landscaping and other areas as determined appropriate by the director of community development, or his/her authorized designee, shall be initiated concurrent with completion of final grading of those areas and accepted by the community development department and shall be completed prior to the release of the subdivision security. If a land development permit has been issued for the project, and construction upon the subdivision or development ceases for a period of six (6) months, or in the event a building permit is not issued for a period of six (6) months, all internal lots shall be rough graded and sodded or seeded with an erosion blanket.

(b)

In developments with more than one (1) construction phase, the installation of perimeter landscaping and other areas as determined appropriate by the director of community development, or his/her authorized designee, shall be initiated concurrent with the completion of final grading and acceptance by the community development department and shall be completed prior to the issuance of a building permit for the second phase of development, or release of the subdivision security. If a land development permit has been issued for the project, and construction upon the subdivision ceases for a period of six (6) months, or in the event a building permit is not issued for a period of six (6) months, all internal lots shall be fine graded and seeded with an erosion blanket.

(3)

Nonresidential Development:

(a)

In developments containing one (1) or more construction phases, all outlots, unless otherwise approved by the village board, shall be fine graded and seeded with an erosion blanket or sodded.

(b)

In developments containing one (1) or more construction phases, the installation of perimeter landscaping and other areas as determined appropriate by the director of community development, or his/her authorized designee, shall be initiated concurrent with the initial phase of development and shall be completed prior to the release of the subdivision security.

(C)

Grading and Sodding Standards: Grading of lots and roadways within the Village of Schaumburg shall be accomplished in such a manner so as to prevent ponding in excess of eighteen inches (18") in the event of complete failure of the storm sewer system. Exceptions to allowing the maximum of eighteen inches (18") of ponding are for stormwater detention in parking lots in which case a maximum of one foot (1') of ponding is permitted, for stormwater detention basins where subsection 151.13(B)(13) of this chapter is applied, and for permitted natural landscape rain gardens.

(1)

Grading:

(a)

Swales: Except in special cases, all swale grades shall be kept within a range of one and one-half percent (1.5%) and five percent (5%). In situations where the minimum grade of one and one-half percent (1.5%) is not possible, a minimum slope of one percent (1%) may be allowed, upon approval by the village engineer of community development.

(b)

Driveways: Driveway grades on all lots, as measured from the top of curb to finished garage floor shall be kept within the range of two percent (2%) and eight percent (8%). Drainage easements will be provided along the rear and/or sides of where surface waters from more than one (1) lot are conveyed down a property line.

(c)

Slopes: All side slopes shall be a maximum of three feet (3') horizontal to one foot (1') vertical. Where the slope between two (2) adjacent properties exceeds three to one (3:1), retaining walls or other treatments approved by the village engineer of community development shall be required, and may include deep rooted native prairie vegetation if permitted to be a natural landscape area.

(d)

Residential Lots: Residential developers shall fine grade each lot (front, side and rear yards) to the grades on the approved grading plan (see subsection 151.13(B)(2) of this chapter). In preparing for either natural landscape seeding or sodding, said fine grading shall be a condition to the final acceptance. All lots shall be graded smooth and topped with at least four inches (4") of black dirt after removal of stumps, trees that cannot be saved, and boulders.

(e)

Nonresidential Lots: Lots in industrial/commercial subdivisions shall be fine graded smooth and topped with a minimum of four inches (4") of black dirt after removal of stumps, trees that cannot be saved, and boulders, at the time each lot is developed.

(f)

Final Acceptance: As a condition to the issuance of an individual occupancy permit, the developer will furnish the village engineer of community development with a certificate, stating that the finished grades on the lot substantially conform to the approved grading plan. The developer shall guarantee that the individual lot itself, as well as the lot in relation to the adjoining lots, will drain properly for a minimum period of one (1) year from the issuance of the occupancy permit or from the date of final grading approval, whichever is later, provided that no alterations are made to the finished grading that adversely affect the drainage on the lot. If an individual lot, or a series of adjoining lots does not drain properly, the homeowner or homeowners shall notify the village engineer of community development. The village engineer of community development will investigate the complaint, and if justified, will notify the developer in writing as to the improper grading/drainage. If the corrective work has not been performed prior to the final subdivision inspection, the subdivision security may be used to effectuate the work.

(2)

Sodding and Seeding: Prior to installation of the grass seed, sod, or a permitted natural landscape area, an appropriate plan shall be submitted to the community development director or his/her authorized designee for village review and acceptance of the plan.

It shall be the responsibility of the property owner to maintain the grass in accordance with this Code.

(a)

Single-Family Residential: All single-family residential lots shall be completely sodded, or if permitted to be a natural landscape area, seeded and planted with native vegetation. The "Lot Grading Guidelines" on file in the community development department shall be followed for construction of single-family lots.

(b)

Nonresidential Lots, Stand of Grass Required: All vacant nonresidential lots shall be fine graded with a minimum of four inches (4") of sufficient topsoil and seeded and/or sodded. The entire lot shall maintain an established stand of grass, except for other approved landscaping material or hard surface prior to the release of the subdivision security.

(D)

Letter of Credit/Bonds:

(1)

Any letter of credit or deposit submitted pursuant to a land development permit to guarantee the restoration of the ground may be refunded upon completion of the work and approval by the village engineer of community development or his or her authorized designee.

(2)

In the event that the property has not been restored or new construction has not begun within one (1) year, said letter of credit, bond or deposit may be used by the village to restore the premises to its natural condition.

(E)

Requirements for Street Trees on Developed Lots:

(1)

Street trees shall be required in the public right-of-way and on areas adjacent to private streets in all zoning districts. Trees of at least two and one-half inch (2½") caliper shall be evenly spaced at a minimum of forty feet (40') on center for shade trees and thirty feet (30') on center for columnar and ornamental trees. All trees shall be a minimum of ten feet (10') from residential driveways, and any ground-mounted utility such as fire hydrants, streetlight poles, manholes, etc., or a minimum of twenty-five feet (25') from the curb of any roadway intersection or nonresidential ingress/egress drive. Revisions to the plan due to natural topography or site development, or requested increases in street tree caliper, shall require the review and approval of the director of community development and the director of engineering and public works.

(2)

The proposed size, proposed genus and species, and location of street trees shall be depicted on the landscape plan, submitted as part of the petition for site plan approval; however, final discretion is given to the community development department and the engineering and public works department in the planting of trees. Whenever street trees and overhead utility lines may conflict, the director of engineering and public works, or his/her authorized designee shall determine the type of street tree. Notation shall be included on the landscape plans that street trees shall be installed by the Village of Schaumburg Engineering and Public Works Department. It shall be the responsibility of property owners when developing residential or nonresidential property to compensate the Village of Schaumburg for the planting of street trees along parkways and on areas adjacent to private streets within their respective development areas. This fee shall be paid prior to the issuance of a land development permit or building permit.

(3)

The available parkway width shall be a minimum eight feet (8') in width and the planting area shall measure a minimum of sixty (60) square feet associated with new development and construction. For existing parkways, the width shall be a minimum of five feet (5') and the planting area shall measure a minimum of forty (40) square feet. Where the available planting area of an existing parkway is less than five feet (5') in width, the village may recommend planting the street trees on the adjacent private property. The special exceptions of narrow parkways shall be evaluated and approved by the village on an individual basis and shall require the review and approval of the director of community development and the director of engineering and public works.

(4)

Street trees shall have a minimum trunk diameter of two and one-half inches (2½") (measured six (6) inches above the ground level). They shall be northern grown in a nursery and shall have been transplanted twice, the last transplanting being not less than four (4) years prior to parkway planting. All trees shall be selected, tagged and identified as to genus and species, size and place of origin by the director of engineering and public works or his representative.

(5)

All trees (original or replacement) determined by the engineering and public works department not to be in vigorous growing condition after one (1) growing season shall be replaced at the beginning of the next succeeding planting season in accordance with the Village of Schaumburg tree planting contract, and will not be the responsibility of the developer.

(6)

The Village of Schaumburg shall be responsible for the selection and installation of all trees as required in this section.

(7)

The developer shall notify the department of engineering and public works as soon as the parkway is prepared and ready for street tree(s). The engineering and public works department will typically schedule planting of these trees during the next planting season.

(F)

Planting Requirements for Street Trees Planted Pursuant to this Section:

(1)

Each tree shall be planted plumb slightly higher than where it stood in the nursery in relation to finish grade.

(2)

After the tree is planted, the backfill shall be shaped in such a way as to form a natural "saucer" around the tree trunk for retention of water.

(3)

All planting shall be done during the proper season. No planting shall be done in frozen soil or during unfavorable weather conditions.

(4)

Under certain circumstances, the engineering and public works department may require that each tree be staked with a two-inch (2") square stake eight feet (8') in length. The stake should be driven plumb two and one-half feet (2½') into the ground adjacent to the tree; tied at top and bottom with a figure eight hitch consisting of Number 14 wire encased in a section of rubber hose. The engineering and public works department may specify other acceptable methods of staking.

(5)

Tree pits shall be round, at least six inches (6") wider than the diameter of the root spread, shall have vertical sides and shall be at least twenty-four inches (24") below finished grade.

(G)

Existing Plant Material:

(1)

Vision Obstruction: Deciduous or evergreen shrubs existing in the public ground or dedicated right-of-way shall not exceed thirty inches (30") in height. Deciduous trees in the public ground or dedicated right-of-way shall be maintained with their branches not lower than six feet (6') from the ground. Existing evergreen trees shall be allowed to remain. Notwithstanding the foregoing provisions, no planting, fence or other obstruction to vision shall be allowed to remain on a dedicated right-of-way, alley or other public ground if the same is detrimental to the public health, safety or welfare.

(2)

Utility Conflicts: When an existing underground water main connection to be abandoned is located under a street tree or within eight feet (8') of the trunk of a street tree, the street tree may be approved for removal by village staff if it is determined that the tree is in fair or poor condition, or dead as described in subsection 154.135(C)(3)(c) of this title. When a tree is approved for removal, the village engineer of engineering and public works will determine whether a replacement tree will be planted in accordance with this chapter. If required, the replacement tree will be installed by the village at the property owner's expense.

(H)

Erosion, Sedimentation and Dust Control:

(1)

Issuance of a Land Development Permit: In the issuance of a land development permit, the following shall apply to any movement of earth and any sedimentation and erosion control plans:

(a)

Development shall 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.

(b)

Natural vegetation should be preserved and protected whenever possible. Areas immediately adjacent to natural watercourses, wetlands and natural areas should be left undisturbed wherever possible.

(c)

Only the area of land included under the permit can be exposed and should be exposed for the shortest practical time during development.

(d)

Sediment basins, debris basins, desilting basins, silt traps, filters, silt fences or biofiltration wetlands should be installed and maintained to remove sediment from runoff waters from land undergoing treatment. A biofiltration wetland is a wetland designed to collect and treat runoff polluted with oils, salts, fertilizers, herbicides and other pollutants.

(e)

The selection of erosion and sedimentation control measures should be based on assessment of probable frequency of storm, climatic and other events likely to contribute to erosion and on evaluation of the risks, costs and benefits involved and shall be approved by the village engineer of community development.

(f)

In the design of erosion control facilities and practices, aesthetics and the requirements of continuing maintenance should be considered. The village encourages alternative stormwater treatments that implement best management practices (BMPs) as determined by the community development department to filter and infiltrate runoff whenever such practices are possible.

(g)

Provision should be made to accommodate the increased runoff caused by changed soil and surface conditions during and after development. Drainageways should be designed so that their final gradients and the resultant velocities of discharges will not create additional erosion, and should be protected against erosion and sedimentation during development.

(h)

Permanent vegetation and structures should be installed as soon as practical during development.

(2)

Engineering Requirements:

(a)

Before land is cleared, graded, transported or otherwise disturbed by the movement of earth for construction projects within the village, a land development permit embodying the proposed earth movement shall be obtained from the village engineer of community development. Prior to the issuance of a land development permit, a grading plan shall be submitted which includes a soil erosion control plan showing the following:

1.

All erosion and sedimentation control measures necessary to meet the objectives of this chapter throughout all phases of construction and permanently after completion of development of the site.

2.

Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quality of mulching for both temporary and permanent vegetation control measures.

3.

Provisions for maintenance of soil erosion facilities, including easements.

4.

Identification of the person(s) or entity that will have legal responsibility for maintenance of erosion control structures and measures after development is completed.

5.

The location and proposed elevation of all proposed topsoil stockpiles must be included on the plan. All topsoil stockpiles must be hydroseeded with permanent vegetation concurrently with utility installation on adjacent stripped areas. The volume of the topsoil stockpile(s) shall not exceed the total volume of the topsoil to be spread on the site, included under the permit, by more than twenty-five percent (25%). Earthwork to be performed off-site must have a separate permit. The side slopes on the temporary topsoil stockpile shall not exceed a two horizontal to one vertical (2:1) slope. If development ceases for more than two (2) weeks, stockpiles shall be seeded.

(b)

The developer shall submit 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 clearing, installation of temporary sediment control measures, installation of storm drainage, paving streets and parking areas and establishment of permanent vegetation cover.

(c)

These submissions shall be prepared in accordance with the standards and requirements contained in "Procedures and Standards for Soil Erosion and Sedimentation Control in Northeastern Illinois" prepared by the Northeastern Illinois Erosion and Sedimentation Control Steering Committee and Conservation District, which standards and requirements are hereby incorporated into this chapter by reference. As applicable, submissions shall also conform to NPDES standards, as determined by the village engineer of community development.

(3)

Outlet Control: Engineering plans submitted under section 151.16 of this chapter shall include plans and specifications for outlet control of stormwater and sediments. As applicable, outlet control structures shall conform to NPDES standards, as determined by the village engineer of community development. See section 151.14 of this chapter for the detailed requirements for catch basins to be relocated at the discharge point of a project into a creek, lake or off-site storm sewer. See section 151.13 of this chapter for the detailed requirements for stormwater detention/retention facilities including sediment basins to be relocated on the upstream end of said facilities.

The outlet control outlined above must be installed before stripping of topsoil begins unless temporary outlet control devices are installed under the approval of the village engineer of community development.

(4)

Dust Control: The developer shall use a water wagon or other acceptable device on the project site in order to control dust.

(I)

Retaining Walls:

(1)

Upon request for the installation of a new or replacement retaining wall, the village will determine if a land development permit is required. In all cases, retaining walls that are three feet (3') or taller as measured from the existing grade will require a land development permit from the village and will require a plan that is signed and sealed by a professional engineer registered in the State of Illinois. In some cases, retaining walls less than three feet (3') tall as measured from the existing grade may still require a land development permit. All retaining walls will be reviewed on an individual basis and the permit requirement will be determined based on factors such as drainage, area landscaping, area utilities, and any easement requirements.

(2)

The permit fee for a minor land development permit for a residential retaining wall installation or replacement project will be as listed in the current village fee schedule.

(3)

Three (3) copies of the plat of survey or plan sheets showing the proposed work location, dimensions, and any necessary details will be required for the permit.

(4)

Retaining walls should not be installed in any utility or drainage easement, if possible. If the wall must be installed in a utility easement, a letter of concurrence from each appropriate utility company shall be obtained and provided to the village stating that permission is given for the installation of the proposed retaining wall.

(J)

Inspections: The village engineer of community development shall make inspections as herein required and shall either approve that portion of the work completed, or shall notify the permittee wherein the same fails to comply with the site grading and excavating plan. Where it is found by inspection that conditions are not substantially as stated or shown in the said plan, the community development department may stop further work until approval is obtained for a revised grading plan conforming to the existing conditions. Plans for grading work, bearing the stamp of approval of the village engineer of community development shall be maintained at the site during progress of the grading. In order to obtain inspections in accordance with the following schedule, the permittee shall notify the village engineer of community development at least two (2) working days before said inspection is to be made: 1) first, when rough grading has been completed; and 2) secondly, when all work, including installation of all drainage and other structures and required planting has been completed. The permittee shall give notice and request inspections at the completion of the above work stages for each phase or area of development.

(K)

Special Precautions:

(1)

Imposition of Special Precautions: If at any stage of the grading of any development site, the village engineer of community development determines by inspection that the nature of the site is such that further work authorized by an existing permit is likely to imperil any property, public way, watercourse or drainage structure, the village engineer of community development may require, as a condition of allowing the work to be done, that such reasonable special precautions be taken as is considered advisable to avoid the likelihood of such peril. "Special precautions" may include, but shall not be limited to, a more level exposed slope, construction of additional drainage facilities, berms, terracing, compaction or cribbing removal of soils, installation of plant materials for erosion control, implementation of alternative, ecologically sound stormwater management strategies that include best management practices (BMPs) (e.g., natural drainage measures, natural detention basins, natural landscaping, reduced impervious surfaces and permeable pavement), and recommendations of a registered engineer, engineering geologist, or environmental engineer which may be made requirements for further work. As applicable, "special precautions" shall conform to NPDES standards, as determined by the village engineer of community development and the community development department.

(2)

Imposition of Temporary Structures or Other Measures: Where it appears that storm damage may result because the grading on any development site is not complete, work may be stopped and the permittee required to install temporary structures or to take such other measures as may be required to protect adjoining property or the public safety. On large developments or where unusual site conditions prevail, the village engineer of community development may specify the time of starting grading and time of completion, or require that the operations be conducted in specific stages so as to ensure completion of protective measures or devices prior to the advent of seasonal rains.

(L)

Estimated Cost of Soil Erosion Measures: The estimated cost of soil erosion control measures is included in the requirements for subdivision "improvements" (see definition) and is included in the total amount of the subdivision security required in subsection 151.17(C) of this chapter. The minimum estimated cost for soil erosion measures shall be in accordance with the village fee schedule.

(M)

Maintenance Requirements: Persons carrying out soil erosion and sediment control measures under this section and all subsequent owners of property concerning which such measures have been taken, shall maintain all permanent erosion control measures, retaining walls, structures, plantings and other protective devices.

(N)

Responsibility: Failure of the village engineer of community development to observe or recognize hazardous or unsightly conditions or to deny the site grading and excavating permit, shall not relieve the permittee from responsibility for the condition of damage resulting therefrom and shall not result in the village, its officers or agents being responsible for any conditions or damage resulting therefrom.

(Ord. 04-55, passed 4-27-2004; Am. Ord. 07-110, passed 7-24-2007; Am. Ord. 07-181, passed 12-11-2007; Am. Ord. 07-198, passed 12-11-2007; Am. Ord. 16-103 , passed 10-25-2016)