[Adopted 3-22-1982 by Ord. No. 82-04]
No person, firm or corporation shall alter or cause or permit
the alteration, whether by excavation, deposit of fill, moving of
earth, or any other means, of any existing land grade or contour if
such alteration:
A.
Permit required. Except as provided in § 109-5, no person, firm or corporation shall, without first obtaining a grade change permit pursuant to the provisions of this article:
(1)
Alter or cause or permit the alteration of any existing land grade
or contour, whether by excavation, deposit of fill, moving of earth,
or any other means, by more than six inches; or
(2)
Alter or cause or permit the alteration of any existing land grade
or contour, whether by excavation, deposit of fill, moving of earth,
or any other means, in conjunction with any construction for which
a building permit is required by the provisions of the Village of
Bannockburn Building Code.[1]
B.
Permit application. An application for a grade change permit shall be filed in any case where a permit is required pursuant to Subsection A above. Each applicant for a grade change permit shall submit to the Building Commissioner a completed application in such form and number as the Building Commissioner shall from time to time determine is necessary. Unless the Building Commissioner otherwise requires, such application shall include drawings and plans, at a scale not less than one inch equals 30 feet, showing existing and proposed spot elevations on a fifty-foot-by-fifty-foot rectangular grid system as well as contour lines at one-foot vertical intervals showing both existing and final grades. The drawings shall also have a written certification from a State of Illinois registered professional engineer or land surveyor that states that the proposed grade changes will not violate the provisions of § 109-3, Subsections A through D, of this article.
[Amended 5-22-2017 by Ord. No. 2017-12]
C.
Issuance of permit. The Building Commissioner shall issue a grade change permit only if he/she determines that the proposed grade change will not violate the provisions of § 109-3 of this article or otherwise adversely affect the public health, safety or welfare. Issuance of a grade change permit pursuant to this section shall not relieve the applicant of the obligation of obtaining any other permit required by any other ordinance of the Village and of complying with all other applicable requirements of the Village's ordinances. In addition, issuance of a grade change permit shall not be deemed to authorize any grade change in violation of any applicable statutory or common law pertaining to drainage rights, and the Village, by issuing a grade change permit, assumes no liability for any damages whatsoever that may be caused by any grade change made pursuant to such permit. Except in emergency situations as determined in writing by the Building Commissioner, no work may be performed pursuant to a grade change permit between the hours of 5:30 p.m. and 7:30 a.m. on weekdays, or on any Saturday, Sunday, or holiday.
[Amended 9-12-1988 by Ord. No. 88-19]
D.
Required inspections. The Village Engineer shall inspect all work
undertaken pursuant to a grade change permit.
[Added 3-10-1997 by Ord. No. 97-10]
(1)
Such inspections shall ordinarily occur at the following stages of
the work:
(a)
Residential construction.
[1]
When the grade change permit is issued in connection with the
construction, reconstruction, alteration, or addition to or of a residential
building or structure (a "residential construction project"), inspections
shall occur:
[2]
It shall be the duty of the person to whom the grade change
permit has been issued (the "permittee") to notify the Village within
five business days after the occurrence of any of the above events
to arrange for an inspection. In the event a permittee fails to give
the Village timely notice for an inspection, the Village Engineer
shall be authorized to place a stop-work order on all work relating
to the residential construction project. Such stop-work order shall
remain in effect until the Village Engineer is satisfied that all
grading work is proceeding in compliance with the grade change permit,
or such earlier time as the Village Engineer or Building Commissioner
may determine.
[Amended 5-22-2017 by Ord. No. 2017-12]
(b)
When a grade change permit is issued for work unrelated to a
residential construction project, the permittee shall obtain an inspection
schedule from the Village Engineer prior to commencing any work relating
to the grade change permit; the Village Engineer shall establish such
inspection schedule based on the nature, extent, and complexity of
the proposed grading work, as well as any particular physical or natural
features affected or potentially affected by the proposed grading.
The permittee shall notify the Village within five business days after
the occurrence of any inspection event pursuant to such schedule to
arrange for an inspection. In the event a permittee fails to give
the Village timely notice for an inspection, the Village Engineer
shall be authorized to place a stop-work order on all work on the
property until the Village Engineer is satisfied that all grading
work is proceeding in compliance with the grade change permit.
[Amended 5-22-2017 by Ord. No. 2017-12]
(2)
In undertaking such inspections, the Village assumes no liability
for any damages whatsoever that may be caused by any grade change
for which a permit has been granted or an inspection completed, irrespective
of the results of the inspection. In addition, until all inspections
shall have been completed and all grade change work shall have been
approved, no permittee shall be deemed to have satisfied such permittee's
responsibilities under this article.
The Building Commissioner may from time to time designate specific
classes of grade changes which do not threaten to adversely affect
surface water drainage patterns. No grade change permit shall be required
for such classes of grade changes. The Building Commissioner also
may waive, in writing, the requirement of a grade change permit with
respect to any specific proposed grade change if he/she finds that
the proposed grade change will not affect existing surface water drainage
onto or off of the subject property.
[Amended 3-10-1997 by Ord. No. 97-10]
A.
All permit applications required to be filed under this article shall
be accompanied by a nonrefundable application fee as set forth in
the Bannockburn Fee Schedule.
[Amended 5-22-2017 by Ord. No. 2017-12]
B.
Prior to the issuance of a grade change permit for a residential construction project, the permittee shall pay to the Village a general inspection fee as set forth in the Bannockburn Fee Schedule, unless the Building Commissioner determines that the number or nature of inspections for a particular residential construction project warrants a reduced general inspection fee. Where an inspection schedule is established pursuant to § 109-4D(1)(b) of this article, the Building Commissioner (in consultation with the Village Engineer) shall establish a general inspection fee for such grade change permit based on the number and nature of inspections to be conducted.
[Amended 5-22-2017 by Ord. No. 2017-12]
C.
In addition to the fees prescribed in Subsections A and B of this section, where the nature of the application or the grade change work requires the Village to employ services of any consulting engineer or other person not regularly on the Village's payroll for the purpose of either reviewing the application, plans, or specifications or inspecting the grade change work, the Village may require the permittee to pay an additional special application or inspection fee (as the case may be) equal to the actual cost to the Village of such services, plus 10% to cover the Village's administrative time and expenses. In the event the permittee does not pay such additional special application or inspection fee to the Village within 30 days after the Village sends a written invoice therefor, the extraordinary application review or inspection services shall be deemed to be "work for the purpose of abating a nuisance" (as set forth in § 109-7 of this article), and the additional special application or inspection fee shall be costs for which the Village may claim a lien in accordance with § 109-7 of this article.
Any change or alteration of any existing grade or contour undertaken,
caused or allowed in violation of this article is hereby declared
to be a public nuisance and the Village Board shall, upon discovery
of any such nuisance, take all appropriate steps to cause its abatement.
To that end, the Village Board shall have authority, after written
notice to the owner of the subject property, to authorize Village
contractors to go upon the subject property for the purpose of abating
the nuisance and to charge the cost of such work to such owner. In
the event of nonpayment by the owner, such charges shall be a lien
upon the subject property to be recorded, enforced and foreclosed
as provided in Section 11-20-13 of the Illinois Municipal Code (65
ILCS 5/11-20-13), pertaining to the removal of debris from private
property.
