[Adopted 8-4-2009 by Ord. No. 2009-8-9 (Ch. 59 of prior
Code)]
The Village Board finds that land development activities in
the Village can have a significant adverse impact upon groundwater
levels, which can adversely impact upon the health, safety and welfare
of the community. In particular, and without limitation, the Village
Board finds that development can:
A.
Cause temporary or permanent loss of adequate water supply for the
community from existing wells and infrastructure;
B.
Diminish the capacity of water resources to support recreational
and water supply uses and a natural diversity of plant and animal
life; and
C.
Reduce groundwater recharge, which may diminish stream base flows
and/or lower water levels in local lakes, ponds and wetlands.
The purpose of this article is to set forth requirements for
groundwater protection related to development, aimed to minimize the
impact upon steady state groundwater levels, in order to diminish
the threats to public health, safety, welfare, and the natural resources
of the Village.
A.
Permit required. A groundwater protection permit is required for
all development of land as defined herein.
(1)
No subdivision without permit. No land shall be divided by plat or
certified survey map unless the requirements of this article are satisfied
and approved as follows. Residential properties created by certified
survey map are exempt from this article.
(a)
Certificate of compliance. No preliminary plat or certified
survey map shall be accepted for filing unless it is accompanied by
a certificate of compliance issued from the Village Administrator
or designee, dated not more than 12 months prior to the date of submission,
documenting compliance with the requirements of this article. The
Village Administrator or designee shall grant certificates of compliance
upon request when it appears from available information that the requirements
of this article will be satisfied if the land is divided and developed
as proposed by the land division documents. The issuance of a certificate
of compliance is a preliminary determination only, however, and it
does not warrant or guarantee that a groundwater protection permit
will be issued.
(b)
Groundwater protection permit. No land shall be divided by plat
or certified survey map unless a groundwater protection permit is
issued prior to approval of the final plat or certified survey map,
but after the issuance of a stormwater permit.
(2)
No multifamily without permit. No multifamily residential buildings
with two or more units shall be constructed unless the property owner
has been granted a groundwater protection permit prior to, and not
more than 12 months prior to, the issuance of the building permit.
(3)
No commercial, agricultural, industrial, or other nonresidential
development without permit. No commercial, agricultural, industrial,
or other nonresidential development of land shall be allowed unless
the property owner has been granted a groundwater protection permit
prior to, and not more than 12 months prior to, the commencement of
the development. For purposes if this subsection, a development commences
on the date of commencement of construction of any improvement, whether
public or private, or site development, or approval of the final plat
or certified survey map, if applicable, or the date of commencement
of the development use, whichever date is earliest.
B.
Application procedure. To request a groundwater protection permit
under this article, the following information shall be submitted to
the administering authority:
(1)
A completed application on a form provided by the Village Administrator
for that purpose.
(2)
The applicable fees, as determined by the Village Board by separate
resolution from time to time.
(3)
The additional information required as specified in Exhibit A to
Ordinance No. 05-07-06, adopted July 22, 2005, which is on file and
available for inspection in the office of the Village Clerk and incorporated
herein by reference.
C.
New permit. The issuance of a groundwater protection permit authorizes
only those activities explicitly contemplated when the permit is issued.
The Village may require the applicant to obtain a new permit in the
event the Village Administrator finds in the Village Administrator's
discretion that adverse groundwater impacts may arise, or may have
arisen, on the property due to any of the following circumstances:
(1)
There has been, or will be, a change in use of the property that
will increase the amount of water pumped.
(2)
Additional wells have been installed, or will be installed, on the
property.
(3)
Water use has expanded, or will be expanded, due to irrigation or
decorative uses.
(4)
The impervious surfaces of the property have been expanded or will
be expanded.
(5)
The runoff drainage has changed or will change on the property. Such
changes may include, but are not limited to, modifications involving
retention/detention ponds, stormwater conveyances and drainage patterns.
(6)
The wastewater system has been modified or will be modified. Such
modifications may include, but are not limited to, changing from on-site
wastewater systems to sewer, holding tank, or other methods that convey
wastewater off site.
(7)
Natural vegetation has been removed or will be removed.
A.
Within 30 working days of receipt of a completed application form
and fee, unless extended as described herein or otherwise extended
by the applicant, the Village Administrator shall:
(1)
Determine if the requirements of this article have been met, including
the following criteria:
(a)
The applicant must provide proof to the satisfaction of the
Village Administrator that the drawdown at the property boundary shall
not exceed one foot; in the case of a property line which abuts a
road right-of-way, the property boundary may be considered to be the
property line at the opposite side of the road right-of-way for purposes
of this requirement; and
(b)
The applicant must provide proof to the satisfaction of the
Village Administrator that the drawdown at any perennial stream, wetland
or lake shall not exceed 1/2 foot;
(2)
Determine if more information or additional review is needed; and
(3)
Notify the applicant accordingly. Notification shall be in written
or electronic form, unless otherwise waived by the applicant.
B.
The Village Administrator may request comments from other agencies
or units of government within the thirty-day review period, and the
review period shall be extended to allow for comments to be received.
The Village Administrator shall notify the applicant if additional
comments are being requested and shall have 10 working days from the
receipt of those comments to notify the applicant of the results of
the review.
C.
If all of the applicable requirements of this article have been met,
the Village Administrator shall issue a groundwater protection permit.
If the requirements of this article have not been met, the Village
Administrator shall notify the applicant of the permit denial.
