§ 29.07. PERFORMANCE STANDARDS . (Am. Ord. #01-13)

(1)

RESPONSIBLE PARTY. The responsible party shall implement an erosion and sediment control plan, developed in accordance with section 29.09, that incorporates the requirements of this section.

(2)

PLAN. A written plan shall be developed in accordance with section 29.09 and implemented for each construction site.

(3)

NEWLY CREATED IMPERVIOUS SURFACES. For areas of newly created pavements, roofs, and other impervious surfaces situated upon areas of formerly pervious surfaces, all BMPs associated with shall meet the most stringent of the following performance standards:

(a)

Maximum soil loss of 5 tons per acre per year.

(b)

80% reduction of potential sediment load in stormwater runoff from the site on an average annual basis as compared with no sediment or erosion controls for the site.

(4)

MODIFIED IMPERVIOUS SURFACES. For areas of modified pavements, roofs, and other impervious surfaces situated upon areas of formerly impervious surfaces, all BMPs associated with shall meet the most stringent of the following performance standards:

(a)

Maximum soil loss of 5 tons per acre per year.

(b)

40% reduction of potential sediment load in stormwater runoff from the site on an average annual basis as compared with no sediment or erosion controls for the site.

(5)

MANAGING SITE MATERIALS. The use, storage and disposal of chemicals, cement and other compounds and materials used on the construction site shall be managed during the construction period, to prevent their entrance into waters of the State. However, projects that require the placement of these materials in waters of the State, such as constructing bridge footings or BMP installations, are not prohibited by this paragraph.

(6)

CONSTRUCTION SEQUENCE. All BMPs used to comply with this section shall be completely designed, completely situated and completely constructed prior to beginning land disturbing construction activities.

(7)

ADDITIONAL REQUIREMENTS. The Village Building Inspector or Village Engineer may establish erosion and sediment control requirements more stringent than those set forth in this section if the Village Building Inspector or Village Engineer determines that an added level of protection is needed for sensitive resources.

(8)

REMOVAL. Upon final stabilization and no later than 30 calendar days afterwards, the responsible party shall completely remove and dispose of all temporary erosion, sediment and dust controls and BMPs.

(9)

RECLAMATION.

(a)

Whenever any land disturbing construction activity has ceased to progress within any given 9-month time period by at least 5% of the Developer's Agreement or plans/drawings on file with the Director of Public Works, Village Planner, Village Engineer or Building Inspector, the responsible party shall complete reclamation activities as required by this section within 30 calendar days. If the responsible party desires extension of the 9-month time period, the responsible party may apply for a special exemption through the Public Works and Highway Committee.

(b)

Where land disturbing construction activity has occurred, reclamation activities shall be employed, as necessary, and maintained to promote the removal or reuse of construction refuse, removal of roads no longer in use, grading of earth, replacement of topsoil, stabilization of soil conditions, establishment of vegetative cover, control of surface water flow and groundwater withdrawl, prevention of environmental pollution, and development and restoration of plant, fish and wildlife habitat.