S-891 - 01/13/1998 - STORM WATER MANAGEMENT - Ordinances is M
ORDINANCE 98-SWM-EX1-S-891
AN ORDINANCE ADOPTING VARIOUS PROVISIONS OF
THE REVISED COUNTY OF DU PAGE COUNTYWIDE STORMWATER
I
AND FLOOD PLAIN ORDINANCE
WHEREAS, on February 11, 1992, the Village of Oak Brook passed and approved "An
Ordinance Adopting Various Provisions of the County of DuPage Countywide Stormwater and
Flood Plain Ordinance" (Ordinance S-728); and
WHEREAS, the Village of Oak Brook is located almost entirely within DuPage County,
which adopted a Countywide Stormwater and Flood Plain Ordinance, (the "First County
Ordinance") on September 24, 1991, in accordance with Illinois Compiled Statutes, Chapter
34, paragraph 5-1062; and
WHEREAS, pursuant to the County Ordinance, the Village of Oak Brook, on November
12, 1991, by Resolution R-544, petitioned to be designated a complete waiver community for i
the enforcement of the County Ordinance; and
WHEREAS, on March 24, 1992, the County so designated the Village of Oak Brook as
a complete waiver community for the enforcement of the County Ordinance; and
WHEREAS, on June 14, 1994, the DuPage County Board adopted a revised DuPage
Countywide Stormwater and Flood Plain Ordinance (the "First Revised County Ordinance");
and
WHEREAS, on November 12, 1997 1, the DuPage County Board adopted a second
revised DuPage County Countywide Stormwater and Flood Plain Ordinance (the "Second
Revised County Ordinance") which meets current Federal Emergency Management Agency
(FEMA) requirements; and
WHEREAS, as a complete waiver community, the Village is required to enforce the
Second Revised County Ordinance by February 1, 1998, which is the effective date of the
Second Revised County Ordinance; and
WHEREAS, the corporate authorities intend to eventually pass a revised Stormwater
ordinance which unifies the provisions of the Second Revised County Ordinance and the
provisions of the Oak Brook ordinances into a single document, but it desires to fulfill the
requirements of the Second Revised County Ordinance in a manner provided hereafter; and
WHEREAS, the Village of Oak Brook, as a complete waiver community, is required to
adopt certain standards contained within the Second Revised County Ordinance as the
minimum standards effective within its territorial jurisdiction although it may impose higher
standards; and
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES,
ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby
adopted as though fully set forth herein.
1 a
Ordinance 98-sw*-Exi-s-891
Adopting Various Provisions
the Revised Countywide Stormwater
and Flood Plain Ordinance, Page 2
Section 2: In order to assure that the provisions of the Oak Brook Village Code
pertaining to stormwater management and those which may be adopted in the future are
consistent with and at least as stringent as the DuPage County Stormwater Management Plan
and the County Ordinance which was adopted by the County Board on November 12, 1997
(Second Revised County Ordinance), the corporate authorities do hereby adopt those
provisions of the Second Revised County Ordinance which are attached hereto and made a
part of this Ordinance as Appendix A. These provisions are not adopted by reference, but,
rather, are adopted as a specific and integral part of this Ordinance, and are attached hereto.
They provisions adopted by this section shall be in full force and effect and shall supersede
any other ordinances of the Village of Oak Brook with which they are inconsistent or which are
less stringent than the terms of this Ordinance.
Section 3: That this ordinance shall be in full force and effect immediately upon its
passage, approval and publication in pamphlet form in the manner provided by law.
PASSED THIS 13th day of January, 1998.
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Ayes: Trustees Bartecki, Caleel, Kenny, McInerney, Savino and Shumate
Nays: None
Absent: None
Abstain: None
APPROVED THIS 13th day of January, 1998
Qa A-
Vil age President
ATTEST:
e�
Village Clerk- wv
Approved as to Form:
*\-fiw,t ej� j
Village Attorney
Published 1-14-98 Pamphlet form
Date Paper
Not Published
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APPENDIX A
The following sections of the revised DuPage County Countywide Stormwater and Flood Plain
Ordinance are attached as Appendix A:
Articles 2, and 7 through 17
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Approved By County Board 11/12/97
ARTICLE 2 . DEFINITIONS.
Sec. 15-16 . Interpretation of Terms and Words.
The terms and words used in this Ordinance or in a waiver
community ordinance shall be interpreted as follows :
1. Words used in the present tense include the future tense;
and
2 . Words used in the singular number include the plural number
and words used in the plural number include the singular
number; and
3 . The words "shall" , "will" , and "must" are mandatory, not
permissive; and
4 . All distances, unless otherwise stated, shall be measured
horizontally.
S . The phrases "Director or the Administrator" , "Director, or
the Administrator in a waiver community" , or "Director, or
Administrator in a complete waiver community" , refer to the
individual responsible for the enforcement in the specific
area.
Sec. 15-17 . Definitions.
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Within the context of this Ordinance or a waiver community
ordinance, the following words and terms shall have the meanings
set forth except where otherwise specifically indicated. Words
and terms not defined shall have the meanings indicated by common
dictionary definition.
Administrator. The person administering the implementation and
enforcement of this Ordinance; or, the person administering the
implementation and enforcement of a community ordinance in a
waiver community.
Applicable Engineering Practice. Procedures, methods, or
materials recommended in standard engineering textbooks or
references as suitable for the intended purpose.
Applicant. A person applying for a Stormwater Management Permit,
which person must be either the owner or the developer of the
land specified in the application.
Appropriate Use. The only uses of the regulatory floodway that
may be considered for a stormwater permit. See Section 15-133 of
this Ordinance.
ARTICLE 2. DEFINITIONS
Sec. 15-16 through 15-17 -7-
' Approved By County Board 11/12/97
Base Flood. The flood having a one percent probability of being
equaled or exceeded in a given year.
Base Flood Elevation. The height of the base flood in relation
to the National Geodetic Vertical Datum of 1929.
Best Management Practices. Design, construction, and maintenance
practices and criteria for stormwater facilities that minimize
the impact of stormwater runoff rates and volume, prevent
erosion, and capture pollutants.
Building. A structure that is constructed or erected partially
or wholly aboveground and is enclosed by walls and a roof. The
term "building" includes manufactured homes and includes both the
above-ground and the below-ground portions of the structure.
Certify/Certification. A statement that a proposed development
meets the requirements of this Ordinance.
Committee. The Stormwater Management Committee of the DuPage
County Board, authorized by Public Act 85-905 .
Community. Any municipality, or the unincorporated County,
within DuPage County acting as a unit of local government.
Compensatory Storage. An excavated hydrologically and
hydraulically equivalent volume of storage created to offset the
loss of existing flood storage.
CLOMA. A Conditional Letter of Map Amendment. A FEMA comment
letter on a development proposed to be located in, and affecting -
only that portion of, the area of flood plain outside the
regulatory floodway and having no impact on the existing
regulatory floodway or base flood elevations.
CLOMR. A Conditional Letter of Map Revision. A letter that
indicates that FEMA 'will revise base flood elevations, flood
insurance rate zones, flood boundaries, or floodways as shown on
an effective FIRM or FBFM, after the record drawings are
submitted and approved.
COE. The United States Army Corps of Engineers.
Complete Waiver. The authority granted to a community pursuant
to Articles 3 , 4, and 5 of this Ordinance whereby a community
acquires complete jurisdiction over reviewing applications for
and granting Stormwater Management Permits.
County. The County of DuPage, Illinois.
ARTICLE 2. DEFINITIONS
Sec. 15-16 through 15-17 -g -
Annroved BY-County Board 11/12/97
Critical Wetlands. Wetlands of the highest value by virtue of
one or more high ranking characteristics that result in a
uniquely valuable environment. See Sections 15-134 and 15-135 of
this Ordinance .
Dam. Any obstruction, wall embankment, or barrier, together
with any abutments and appurtenant works, constructed to store or
direct water or to create a pool (not including underground water
storage tanks) .
Department. The DuPage County Department of Environmental
Concerns, Stormwater Management Division.
areas that have ne �Utleb._
Developer. Any person who undertakes development or permits
development on such person' s behalf.
Development. Any activity, excavation or fill, alteration,
subdivision, change in land use, or practice, undertaken by
private or public entities that affects the discharge of
stormwater; or substantial improvement to any portion of a
building in the flood plain. The term "development" does not
include maintenance of stormwater facilities.
Director. The Director of the DuPage County Department of
Environmental Concerns or his or her designee. The Director of
the Department of Environmental Concerns shall be a professional
engineer.
Water -eur ee-s_
Elevation Certificates. A form published by FEMA, or its
equivalent, that is used to certify the base flood elevation and
the lowest elevation of usable space to which a building has been
constructed.
Environmental Scientist. A person with a four-year degree in a
life science curriculum in which the emphasis was on ecologic
systems . Examples of such curricula are ecology, botany, or
biology.
FEMA. The Federal Emergency Management Agency.
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FBFM. A Flood Boundary and Floodway Map. A flood plain
management map issued by FEMA that depicts, based on detailed
' analysis, the boundaries of the base flood, the two tenth percent
(0 .211) probability flood, and the floodway.
ARTICLE 2. DEFINITIONS
Sec. 15-16 through 15-17 -9-
Approved By Cog= Board 11/12/97
FIRM. A Flood Insurance Rate Map. A map issued by FEMA that is
an official community map, on which map FEMA has delineated both
the special hazard areas and the risk premium zones applicable to
the community. This map may or may not depict floodways.
Flood or Flooding. A general and temporary condition of partial
or complete inundation of normally dry land areas from the
unusual and rapid accumulation or runoff of surface waters from
any source.
FHBM. A Flood Hazard Boundary Map. An official map of a
community, issued by FEMA, on which the boundaries of the flood,
mudslide or mudflow, or related erosion areas having special
hazards have been designated as Zones A, M, and/or E.
Flood Plain. The area typically adjacent to and including a body
of water where ground surface elevations are at or below a
specified flood elevation.
Floodproof. Additions, changes, or adjustments to structures or
property that prevent the entry of flood water in order to
protect property from flood damage.
Floodproofing Certificate. A form published by FEMA that is used
to certify that a structure is floodproofed to one foot above the
base flood elevation.
Floodway. The channel and that portion of the flood plain
adjacent to a stream or watercourse that is needed to convey the
base flood.
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Floodway Conveyance. The measure of the flow carrying capacity
of the floodway section and is defined using Manning' s equation
as, K = 1.49 AR 213 where "n" is Manning' s roughness factor, "A" f
n
is the effective area of the cross-section, and "R" is ratio of
the wetted area to the wetted perimeter.
Hydrology. The science of the behavior of water, including its
dynamics, composition, and distribution in the atmosphere, on the f
surface of the earth, and underground.
Interim Watershed Plan. A watershed plan adopted by the County
Board that does not contain all of the elements in Chapter 3 of
the Plan.
LOMA. A Letter of Map Amendment . The official determination by
FEMA that a specific structure is not in a regulatory flood
plain. A LOMA amends the effective FHBM, FBFM, or FIRM.
ARTICLE 2. DEFINITIONS
Sec. 15-16 through 15-17 - 10 -
AD�row County Board 11/12/97
LOMR. A Letter of Map Revision. A letter from FEMA that revises
base flood elevations, flood insurance rate zones, flood
boundaries, or floodway as shown on an effective FHBM, FBFM, or
FIRM.
Lake. A natural or artificial body of water encompassing an area
of two or more acres which retains water throughout the year.
Land Surveyor. A person licensed under the laws of the State of
Illinois to practice land surveying.
Maintenance. The selective removal of woody material and
accumulated debris from, or repairs to, a stormwater facility so
that such facility will perform its natural functions or the
functions for which it was designed and constructed.
Major Stormwater System. That portion of a stormwater facility
needed to store and convey flows beyond the capacity of the minor
stormwater system.
Manufactured Home. A building, transportable in one or more
sections, -that is built on a permanent chassis and is designated
for use with or without a permanent foundation when connected to
the required utilities. The term "manufactured home" also
includes park trailers, travel trailers, and other similar
vehicles placed on a site for more than 180 consecutive days.
Minor Stormwater System. That portion of a stormwater facility
consisting of street gutters, storm sewers, small open channels,
swales, and similar facilities designed to convey runoff from the
10-year flood event or less.
NFIP. The National Flood Insurance Program. The requirements of
the NFIP are codified in Title 44 of the Code of Federal
Regulations.
Oversight Committee. A committee appointed by a waiver community
to oversee the implementation and enforcement of the waiver
community' s ordinance.
Off• The Illinois Department of Natural Resources Office of
Water Resources.
Parcel. Contiguous land under single ownership or control .
Partial Waiver. Authority granted to a community pursuant to
Articles 3 , 4, and 5 of this Ordinance whereby the waiver
community acquires limited jurisdiction over reviewing
applications for, and issuing, Stormwater Management Permits.
ARTICLE 2. DEFINITIONS
Sec. 15-16 through 15-17 - 11 -
Approved By Cog= Board 11/12/97
Person. Any individual, partnership, firm, school district,
company, corporation, association, joint stock company, trust,
estate, unit of local government, special taxing district, public
utility, political subdivision, state agency, or any other legal
entity, or owner, or any legal representative, agent, or assign
thereof .
Plan. The DuPage County Stormwater Management Plan, adopted by
the DuPage County Board in September 1989, as amended from time
to time.
Professional Engineer. A person licensed under the laws of the
State of Illinois to practice professional engineering.
Professional Engineering. The application of science to the
design of engineering systems and facilities, using the
knowledge, skills, ability, and professional judgment developed
through professional engineering education, training, and
experience.
Professional Engineering Practice. The consultation on,
conception, investigation, evaluation, planning, and design of,
and selection of materials and methods to be used in,
administration of construction contracts for or site observation
of an engineering system or facility, when such consultation,
conception, investigation, evaluation, planning, design,
selection, administration, or observation requires extensive
knowledge of engineering laws, formulae, materials, practice, and
construction methods .
Public Flood Easement. An easement acceptable to the appropriate
jurisdictional body that meets the regulation of the DWF40WR, the
Department, and the community, that provides legal assurances
that all areas subject to flooding in the created backwater of
the development will remain open to allow flooding.
Record Drawings. Drawings prepared, signed, and sealed by a
professional engineer or land surveyor representing the final
"as-built" record of the actual in-place elevations, location of
structures, and topography.
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Regulatory Flood Plain. The flood plain as determined by the
base flood elevation used as the' basis for regulation in this
Ordinance .
Regulatory Floodway. The floodway that is used as the basis for
regulation in this Ordinance.
Regulatory Wetlands. All wetlands other than critical wetlands .
ARTICLE 2. DEFINITIONS
Sec. 15-16 through 15-17 - 12 -
Approved By County Board 11/12/97 y
Riparian Environment. Land bordering a waterway wetter .that
provides habitat or amenities dependent on the proximity to
water.
Runoff. The waters derived from melting snow or rain falling
within a tributary drainage basin that exceeds the infiltration
capacity of the soils of that basin.
SCS. The United States Department of Agriculture, Soil
Conservation Service.
Soil Scientist. A person with a four-year degree in which the
core curriculum included course work in a minimum of two of the
following fields: soil science, pedology, edophology, and
geomorphology, and which person has a minimum of two years of
field experience in classifying soils.
Special Flood Hazard Area. An area having special flood,
mudslide or mudflow, or flood-related erosion hazards, and which
area is shown on an FHBM or FIRM as Zone A, AO, Al-30, AE, A99,
AH, VO, V1-30, VE, V, M, or E.
Special Management Areas. Regulatory flood plains or wetlands.
See Article 10 of this Ordinance.
Stormwater Facility. All ditches, channels, conduits, bridges,
culverts, levees, ponds, natural and man-made impoundments,
wetlands, riparian environment tile, swales, sewers, or other
natural or artificial structures or measures which serve as a
means of draining surface and subsurface water from land.
Stormwater Management Permit. A permit established by this
Ordinance or by a waiver community's Stormwater Ordinance; and
issued by the Department or a waiver community signifying
acceptance of measures identified for proposed development to
comply with this Ordinance and the Plan.
Structural Engineer. A person licensed under the laws of the
State of Illinois as a structural engineer.
Structure. Anything that is erected or constructed. The term
"structure" includes, without limitation: buildings, tanks, dams,
sewers, constructed channels, outfalls, parking lots, driveways,
roads, sidewalks, and concrete patios.
� Substantial
Improvement. Any repair, reconstruction,
rehabilitation, addition, or other improvement of a building, the
cost of which improvement equals or exceeds, individually or in
the aggregate, 50 percent of the fair market value of the
building, determined from the equalized assessed value of the
building, before the start of construction of the improvement or,
ARTICLE 2. DEFINITIONS
Sec. 15-16 through 15-17 - 13 -
• Approved By Cog= Board 11/12/97
if the building has been. damaged, before the damage occurred.
The term "cost of improvement" includes the value of volunteer
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ARTICLE 2. DEFINITIONS
Sec. 15-16 through 15-17 - 14-
Approved By County Board 11/12/97 L
labor and donated materials. The term "cost of improvement" does
not, however, include either (1) any project for improvement of a
building to correct existing violations of state or local health,
sanitary, or safety code specifications that have been identified
by the local code enforcement official and that are the minimum
necessary to assure safe living conditions or (2) any alteration
of a historic building that will not preclude the building's
continued designation as a historic building.
Usable Space. Space used for dwelling, storage, utilities, or
other beneficial purposes, including without limitation
basements.
Variance. An authorization recommended by the Committee or an
Oversight Committee, and granted by the DuPage County Board or
the corporate authorities of a waiver community, that varies
certain requirements of this Ordinance or a waiver community
ordinance in a manner in harmony with the application of such
ordinance ' s general purpose and intent, which variance shall be
granted only in a case where there are practical difficulties or
particular hardships.
Waiver Community. A community that has been granted either a
partial waiver or a complete waiver from County enforcement of
this Ordinance . See Article 4 of this Ordinance.
Waiver Community Ordinance. An approved, valid, and effective
stormwater management ordinance of a waiver community. See
Articles 3 and 4 of this Ordinance.
Watershed. All land area drained by, or contributing water to,
the same stream, lake, or stormwater facility.
Watershed Basin Committee. A technical committee established
within a watershed planning area.
Watershed Benefit. A decrease in flood elevations and flood
damages upstream or downstream of the development site.
Watershed Plan. A ted lan adopted P p by the County for stormwater
management within a watershed consistent with the requirements in
Chapter 3 of the Plan.
Watershed Planning Area. That area considered in a specific
watershed plan, adopted as part of the Plan, and depicted on the
attached Exhibit 1.
Watershed Plan Model. The hydrologic y gic and hydraulic model meeting
the standards of the Plan and used in developing a watershed
plan.
ARTICLE 2. DEFINITIONS
Sec. 15-16 through 15-17 - 15-
Approved By County Board 11/12/97
Wetlands. Areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil
conditions .
Sec. 15-18 through 15-30. Reserved.
ARTICLE 2. DEFINITIONS
Sec. 15-16 through 15-17 - 16-
Annroved By County Board 11/12/97
ARTICLE 2. DEFINITIONS
Sec. 15-16 through 15-17 _ j�_
Approved By County Board 11/12/97
ARTICLE 7 . GENERAL PROVISIONS.
Sec. 15-78 . Scope of Regulation.
1 . This Ordinance or the applicable waiver community ordinance
shall apply to all development of property within the
boundaries of the County, including those under the control
of any governmental entity, agency, or authority.
2 . The provisions of this Ordinance or the applicable waiver
community ordinance shall not apply to:
a. Structures and land uses existing as of the effective
date of this Ordinance except when re-developed; and
b. Proposed developments that are listed on the Official
List of Exempt Developments submitted by each community
in accordance with Section 15-79 of this Ordinance.
All such developments shall meet at least one of the
following criteria:
(1) Building permits for such development were issued
prior to the effective date of this Ordinance; or
(2) Engineering of all stormwater facilities for such
development was submitted to and approved by the
community engineer prior to the effective date of
this Ordinance; or
(3) Annexation agreements or ordinances or other
agreements were recorded or executed prior to the
effective date of this Ordinance which
specifically exempt such development from
community codes; or
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(4) For other developments, contractual agreements
executed prior to the effective date of this
Ordinance which specifically exempt such
development from community codes; or
(5) Approvals resulting from judicial decrees preclude
application of this Ordinance .
The exemption granted pursuant to this Subsection 2 shall
extend only to the specific improvements authorized by the
building permit, engineering approval, or judicial decrees,
and all specific limitations agreed to in any annexation
agreement or ordinance or contract shall apply. All other
development not previously specifically exempted shall
remain subject to the provisions of this Ordinance or the
applicable waiver community ordinance .
ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT
Sec. 15-111 through 15-122 -30-
Approved By County Board 11/12/97
3 . Nonconforming structures shall not be replaced 'or enlarged
in any manner unless such replacements or enlargements
conform to the requirements of this Ordinance or the
applicable waiver community ordinance.
Sec. 15-79,. Official Lists of Exempt Developments.
1 . Each community shall submit to the Committee a list of
exempt proposed developments meeting the criteria listed in
Subsection 15-78 .2 of this Ordinance within 60 days after
the enactment of this Ordinance by the County Board. Such
list shall be known as the Official List of Exempt
Developments.
2 . An Official List of Exempt Developments may be modified by
the community and resubmitted to the Committee at any time
prior to the effective date of this Ordinance.
3 . Each Official List of. Exempt Developments or revisions
thereof shall be approved by an official action of the
corporate authorities of the community, and shall be
acknowledged in writing by the Director on behalf of the
Committee.
4 . The Committee may challenge any Official List of Exempt
Developments or any revision thereof submitted by a
community within 60 days after proper submission of such
list or revision. The Committee shall state in writing its
reasons for rejection of any development as not being in
accordance with the provisions of Subsection 15-78 .2 of this
Ordinance.
5 . The community may add a development to, or delete a
development from, the Official List of Exempt Developments
and resubmit such list to the Committee in accordance with
Subsection 15-79 . 3 of this Ordinance after the effective
date of this Ordinance if an applicant shows that the
criteria listed in Subsection 15-78 .2 of this Ordinance have
been met or if the community has determined that the
criteria listed in Subsection 15-78 .2 of this Ordinance have
not been met .
6 . Prior to resubmitting its Official List of Exempt
Development to the Committee deleting a development, the
community resubmitting such list with such deletion shall
notify the affected owner or developer of such deletion in
writing and provide such owner or developer an opportunity
to respond to the community.
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Sec. 15-80 . Interpretation.
+ ARTICLE 9, REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT
Sec. 15-111 through 15-122 -31-
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Approved By County Board 11/12/97
1. This Ordinance and the waiver community ordinances shall be
liberally construed to protect the health, welfare, safety,
and the environment of the residents of the County and to
effectuate the purposes of this Ordinance and the waiver
community ordinances and the enabling legislation.
2 . Nothing contained in this Ordinance or the waiver community
ordinances shall be deemed to consent to, license, permit to
locate, construct, or maintain any structure, site, facility
or operation, or to carry on any trade, industry,
occupation, or activity.
3 . When provisions of this Ordinance or any waiver community
ordinance differ from any other applicable statute, law,
ordinance, regulation, or rule, the more stringent provision
shall apply.
4 . The provisions of this Ordinance and the waiver community
ordinances are cumulative and shall be considered additional
limitations on all other laws and ordinances previously
approved or that may hereafter be approved and that concern
any subject matter included in this Ordinance or any waiver
community ordinance.
Sec . 15-81. Warning and Disclaimer of Liability.
1. The degree of flood protection provided by this Ordinance or
any waiver community ordinance is considered reasonable for
regulatory purposes and is based on engineering experience
and scientific methods of study.
2 . _ Increased flooding may result from causes beyond the control
of the County or any community.
3 . This Ordinance and the waiver community ordinances do not,
therefore, imply that areas outside the delineated flood
plain or permitted land uses within the delineated flood
plain will be free from flooding and associated damages.
4 . Neither this Ordinance nor any waiver community ordinance
shall be construed or applied in any manner to create
liability on the part of or a cause of action against the
County, any community, or any elected official, officer,
agent, or employee thereof, for any flood damage resulting
from reliance on the provisions of this Ordinance or any
waiver community' s ordinance or from reading or interpreting
any map that is part of this Ordinance or any waiver
community ordinance.
Sec . 15-82 through 15-90 . Reserved.
ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT
Sec. 15-111 through 15-122 -32-
ADDroved By County Board 11/12/97
ARTICLE 8. ADMINISTRATION.
Sec. 15-91. Responsibility for Administration.
1. The Committee, or the Oversight Committee in a waiver
community, shall determine policy related to and direct the
enforcement of this Ordinance or the waiver community's
ordinance, as applicable.
2 . The Director, or the Administrator in a waiver community,
shall have the authority and responsibility for the
administration of this Ordinance or the waiver community' s
ordinance, as applicable. In performing his or her duties,
the Director or the Administrator may delegate routine
responsibilities to any named designee.
3 . Each community shall remain solely responsible for its
standing in the NFIP and for:
a. Maintaining records and submitting reports required for
the NFIP, including elevation certificates,
floodproofing certificates, and lowest floor
elevations; and
b. Notifying the Director, FEMA, P;4RaWR, COE, the Illinois
Environmental Protection Agency, and the Federal
Environmental Protection Agency of any proposed
amendment to this Ordinance or the waiver community's
ordinance.
Sec. 15-92 . Duties of Director.
The duties and functions of the Director shall include:
1 . Supervising the execution of this Ordinance; and
2 . Supervising the development and revision of the appendices
of the Plan for Committee and County Board approval and
taking such actions as are reasonably necessary and roer
to carry out the purposes and provisions of thi Ordinance;
and
3 • Certifying flood plain delineations and support
documentation from partial waiver communities for any CLOMR,
LOMB, CLOMA, and LOMA requirement, which certification may
be done concurrent with submittal to DWROWR or its designee
and FEMA; and
4 . Developing and maintaining County-wide regulatory maps; and
ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT
Sec. 15-111 through 15-122 -33-
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Approved By County Board 11/12/97
5. Directing the application and review of complex Stormwater
Management Permits for any community that requests such
assistance; and
6. Performing, in non-waiver communities, the duties which are
assigned to the Administrator in waiver communities; and
7. Reviewing and certifying proposed developments in special
management areas within partial waiver communities; and
8 . Keeping PWROWR and FEMA informed of community waiver and
ordinance status within 30 days after any changes in status;
and
9 . Notifying the communities, FEMA, $WROWR, COE, the Illinois
Environmental Protection Agency, and the Federal
Environmental Protection Agency of any amendments to the
Plan or this Ordinance.
Sec. 15-93 . Duties of Administrator in Waiver Community.
The duties and functions of the Administrator shall include:
1 . Ensuring that copies of all applicable required federal,
state, and regional permits or County approvals are received
prior to issuing any permits required by the waiver
community ordinance; and
2 . Verifying the existence of special management areas for each
application; and
3 . Reviewing and approving certificates and issuing any permits
or notices required by the waiver community ordinance; and
4 . Notifying the Director and owners of adjacent upstream,
downstream, and potentially affected property, affected
state and federal agencies, and watershed basin communities,
and publishing a notice in a local newspaper of any variance
requested from the provisions of the waiver community
ordinance; and
5 . Notifying the Director and all affected persons defined in
Subsection 15-93 .4 of this Ordinance of any applications for
CLOMR or LOMR; and
6 . Providing for inspections of developments as provided in
Section 15-197 of this Ordinance under the terms of the
waiver community' s ordinance; and
7 . Investigating complaints of violations of the waiver
community' s ordinance; and
ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT
Sec. 15-111 through 15-122 -34
Approved By County Board 11/12/97
8 . Notifying any applicant for a variance that granting the
variance may result in increased rates for flood insurance;
and
9 . Notifying the Director and other jurisdictions of alleged
violations of their permit programs; and
10 . Notifying violators within regulatory flood plains that
failure to comply with NFIP provisions could make them
ineligible to receive flood insurance; and
11. Initiating any proceeding necessary to enforce the waiver
community ordinance; and
12 . Encouraging and conducting studies, investigations, and
research relating to the physical, chemical, ecological,
engineering, and other aspects of stormwater management; and
13 . Advising, consulting with, and cooperating with other
governmental agencies to promote the purposes of this
Ordinance and the waiver community' s ordinance; and
14 . Maintaining for public inspection copies of all applications
and submittals, federal and state permit documents,
variation documentation, CLOMR, LOMR, CLOMA, LOMA, and all
other documents required pursuant to Article 11 of this
ordinance; and
Ordinance as directed under the waiver community's
15 . Sending copies of any application for a CLOMR, LOMB, CLOMA,
or LOMA to the Director; and
16 . Receiving certification for development in special
management areas from the Director prior to partial waiver
community approval of any CLOMR, LOMR, CLOMA, or LOMA; and
17 . Sending a copy of any petition or request for a variance
from the terms of the waiver community ordinance to the
Committee before any such variance is approved by the
Oversight Committee; and
18 . Submitting the necessary information to the Director
relating to development in order to maintain County-wide
regulatory maps and for supervision of the Ordinance. This
includes, but is
not limited d to, copies of
Management P any Stormwate
S t Permits, CLOMR, LOMR, CLOMA, and LOMA. r
19 . Maintaining documentation on "cost of improvement" on
buildings in the flood plain, relating to the substantial
improvements requirements of this Ordinance.
ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT
Sec. 15-111 through 15-122 -35-
Annroved By County Board 11/12/97
Sec. 15-94 . Representative Capacity.
In all cases when any action is taken by the Director or the
Administrator, or his or her duly appointed designee, to enforce
the provisions of this Ordinance or the waiver community' s
ordinance, such action shall be taken either in the name of and
on behalf of the County or of the waiver community, or the people
of the State of Illinois, and neither the Director nor the
Administrator, or his or her designee, in- so acting for the
County or the waiver community shall be rendered personally
liable.
Sec. 15-95 . Watershed Basin Committee.
1. A Watershed Basin Committee shall be established in every
watershed planning area throughout the County.
2 . The Watershed Basin Committee may mediate any technical
disputes between the Director and the Administrator or the
communities concerning the technical interpretation or
application of the provisions of this Ordinance or the
waiver community ordinances. Each member of the Watershed
Basin Committee shall have equal voting rights.
Recommendations shall be made by a majority of the members
in attendance.
3 . The Watershed Basin Committee shall be comprised of one
professional engineer representing each community in a
watershed planning area and one professional engineer
representing the Department .
4 . The Watershed Basin Committee shall, if requested by the
Committee or an Oversight Committee, evaluate technical
issues related to a specific application and render an
opinion.
Sec . 15-96 . Oversight Committee.
1 . An Oversight Committee shall be established to oversee the
implementation and enforcement of the waiver community' s
ordinance within its jurisdiction.
2 . The corporate authorities of a community, or any
�I
representatives duly appointed by the corporate authorities,
may serve as the Oversight Committee. j
i
3 . The Oversight Committee, when considering appeals or
variances, may request an opinion from the Watershed Basin
Committee on technical issues.
Sec . 15-97 through 15-110 . Reserved.
ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT
Sec. 15-111 through 15-122 -36-
Approved By County goal-d 11/12/97
ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD
PLAIN MANAGEMENT.
Sec. 15-111. General Information.
1. All developments shall meet the requirements specified for
general stormwater and flood plain development (Section 15-
112) , site runoff
; (Secti on 15-113) ,(e sediment -
_
and erosion control (Section 15-
11-65) , and performance security (Article 13) .
2 . All developments shall comply with the site runoff storage
requirements provided in Section 15-114 of this Ordinance in
which:
a. The parcels being developed total three acres or
greater for single Czam —or two' family residential
subdivision land uses; or
b. The parcels being developed total one acre or greater
for multiple family or non-residential subdivision land
uses; or
C. The parcels being developed total one acre or greater
for multiple family or non-residential developments and
the new development totals either individually or in
the aggregate after February 15, 1992 to more than
25, 000 square feet; or
d. The area being developed totals one acre or
greater for road developments in afrd—a=e--rights-of-way
under the ownership or control of a unit of government.
3 . The County Board in non-waiver communities or the co orate
authorities of a waiver com unity may collect a fee-in-
lieu-of detention equal to the cost of rovidin the site
11 runoff stora e rovided in Section 15-114 for developments
less than the threshold in Subsection 15-111 . 2 or
developments not covered in Subsection 15-111 . 2 . The
corporate authority in a waiver community may recruest the
Department collect this fee _
44. Developments shall also meet the more specific requirements
of applicable adopted Watershed Plans or adopted Interim
Watershed Plans, set
122 . forth in Sections 15-117 through 15-
54-. All development within special management areas, and
substantial improvements within a flood plain, shall also
satisfy the requirements specified in Article
Ordinance. 10 of this
ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT
Sec. 15-111 through 15-122 _37-
Approved By County Board 11/12/97
6-5. All developers shall submit the documents specified in
Article 11 of this Ordinance to verify compliance with these
requirements.
76. Facilities constructed under the provisions of this
Ordinance or the waiver community ordinance shall be
maintained according to the criteria and guidelines
established in the Plan. Maintenance is the responsibility
of the owner of the land on which the stormwater facilities
are constructed unless the responsibility is assigned,
pursuant to Section 15-180 of this Ordinance, to an entity
acceptable to the governmental unit that has jurisdiction
over such land.
Sec. 15-112 . General Stormwater and Flood Plain Requirements .
The following general stormwater and flood plain requirements
shall apply to all development.
1 . Development shall not :
a. Result in any new or additional expense to any person
other than the developer for flood protection or for
lost environmental stream uses and functions; nor
b. Increase flood elevations or decrease flood conveyance
capacity upstream or downstream of the area under the
ownership or control of the developer; nor
C . Pose any new or additional increase in flood velocity
or impairment of the hydrologic and hydraulic functions
of streams and flood plains unless a watershed benefit
is realized; nor
d. Violate any provision of this Ordinance or any
applicable waiver community ordinance either during or
after construction; nor
e . Unreasonably or unnecessarily degrade surface or ground
water quality.
2 . Analysis and design of all stormwater and flood plain
facilities required for development shall :
a. Meet the standards and criteria established in the Plan
and, if available, in Watershed Plans or in Interim
Watershed Plans; and
b. Be consistent with the Technical Guidance for the
DuPage Countywide Stormwater and Flood Plain Ordinance
for the Plan; and
ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT
Sec. 15-111 through 15-122 -38-
Approved By County Board 11/12/97
C- Be consistent with techniques specified in the
Watershed Plans or the Interim Watershed Plans; and
d. Consider existing and ultimate watershed and land use
conditions, with and without the proposed development.
3 . Stormwater facilities shall be functional before building
permits are issued for residential and non-residential
subdivision.
4 . Stormwater facilities shall be functional where practicable
for single parcel developments before general construction
begins.
5 . In areas outside the boundary of the regulatory flood plain,–
all usable space in new
buildings, or added to existing buildings,
elevated,_ e –floodproofed, or owise rtectedal
ther po to at
least one foot above the adiacent base flood elevation to
prevent the entry of surface stormwater.
by -E1 11 91
elenom Fin Floodproofing devices shall be operational
without human intervention. If electricity is required for
protection against flood damage, then—there shall be a
backup power source –which will activate without human
intervention. T+k&--=Floodproofing measures shall be
certified by a professional engineer.
6 . All usable sipa ce in new buildings or added to existing
buildin s ad 'acent to a ma 'or stormwater s stem site runoff
storage facility overflow path or site runoff storage
facility, shall be elevated flood roofed or otherwise
protected to at least one foot above the desicm elevation to
prevent the entry of surface stormwater
elevatin is the elev with the de de
o rate
ation associated s
as determined in Section 15-114 . 8 . f
Sec. 15-113 . Site Runoff Requirements.
1 . Stormwater facilities shall be required and shall be
designed so that runoff exits
the site at a P oint where
re flows will not d amage adjacent
property.
2 . Stormwater facilities shall be designed to conform with the
requirements of Illinois law and the applicable Sections 15-
117 through 15-122 of this Ordinance.
3 . Minor stormwater systems shall be sized to convey runoff
from the tributary watershed under fully developed
ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT
Sec. 15-111 through 15-122 -39-
Approved By County Board 11/12/97
conditions consistent with the design requirements of the
local jurisdiction.
4 . Major stormwater systems shall be sized to carry the base
flood without causing additional property damage.
5 . Design runoff rates shall be calculated by using continuous
simulation models or by event hydrograph methods. If event
hydrograph methods are used, they must be either HEC-1 SCS
runoff method, TR-20, or TR-55 tabular method. Event methods
must incorporate the following assumptions:
a. Antecedent moisture condition = 2; and
b. Huff or SCS Type II rainfall distribution.
6 . Any design runoff rate method shall use Illinois State Water
Survey Bulletin 70 northeast sectional rainfall statistics
or the National Oceanic and Atmospheric Administration
continuous rainfall record from 1949 ' to present at the
Wheaton gage, and shall calculate flow from all tributary
area upstream of the point of design.
7 . Major and minor stormwater systems shall be located within
easements or rights-of-way explicitly providing for public
access for maintenance of such facilities .
8 . Maximum flow depths on any roadway shall not exceed six
inches during the base flood condition.
9 . Transfers of waters between watersheds shall be prohibited
except when such transfers will not violate the provisions
of Subsection 15-112 .1 of this Ordinance.
10 . Stormwater facilities for runoff upstream of flood
protection. facilities shall provide for conveyance or
storage of flood waters without increased potential for
damage to real or personal property during base flood
conditions .
11 . Developments shall, to the extent practicable and necessary,
incorporate the following best management practices into the
site design to minimize increases in runoff rates, volumes,
and pollutant loads:
I
I
a. All runoff from rooftops and . parking lots, and
discharge from sump pumps, that does not discharge into
a site runoff storage facility shall be directed onto
vegetated swales or filter strips, for a distance of at
least 50 feet .
b. Vegetated swales shall be utilized, where appropriate,
as an alternative to storm sewers to promote the
ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT
Sec. 15-111 through 15-122 -40-
Approved By County Board 11/12/97
infiltration of stormwater and the filtration of
stormwater pollutants.
C. Effective impervious surface area should be limited by
site designs which minimize the area of streets,
parking lots, and rooftops and/or utilize permeable
paving material such as concrete grids in low traffic
areas.
d. Other best management practices such as infiltration
basins and trenches (where permeable soils are present)
and filtration basins and sand filters
impervious or industrial developments) (on
impervious
utilized where appropriate.
e. The practices and procedures established in the
Technical Guidance for the DuPage Countywide Stormwater
and Flood Plain Ordinance for the Plan and as described
in the United States Environmental - Protection Agency' s
"Guidance Specifying Management Measures for Sources of
Nonpoint Pollution in Coastal Waters" , dated January
1993 .
12 . Developments shall incorporate all best management practices
as may be required pursuant to the United States Clean Water
Act, 33 U.S.C. H 1251 et sea. , as amended.
Sec. 15-114 . Site Runoff Storage Requirements (Detention) .
1 . Maximum site runoff storage requirements shall be consistent
with the information, procedures, and requirements of the
applicable Sections 15-117 through 15-122 of this Ordinance,
except as limited by the provisions of Subsection 15-114 .2
of this Ordinance.
2 . If no release rate, or a greater release rate than
identified below, is specified in the applicable Sections
15-117 through 15-122 of this Ordinance, then sufficient
storage shall be provided such that the probability of the
Post development release rate exceeding 0 .1 cfs/acre of
development shall be less than one percent (1 . 00) per year.
Design runoff volumes shall be calculated using continuous
simulation or event hydrograph methods.
j 3 • If event hydrograph methods are used to calculate design
runoff volumes, they must be either HEC-1 SCS runoff method
with outlet routing option, TR-20 with outlet control
routing option, or TR-55 tabular method with outlet control
assumptions :Event methods shall incorporate the following
assumptions :
a. Antecedent moisture condition = 2; and
ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT
Sec. 15-111 through 15-122 -41-
&12roved By Co= Board 11/12/97
b. Huff or SCS Type II rainfall distribution; and
C. Twenty-four (24) hour duration storm with a. one percent
(1. ot) probability of occurrence in any one year as
specified by Illinois State Water Survey Bulletin 70
northeast sectional rainfall statistics.
4 . If continuous simulation methods are used, design runoff
volumes shall be calculated using the Wheaton National
Oceanic and Atmospheric Administration rainfall record from
1949 to present.
5 . For sites where depressienal---stevage eats and the
undeveloped release rate is less than the maximum release
rate in Subsection 15-114 . 2 of this Ordinance, the developed
release rate and corresponding site runoff storage volume
shall be based on the existing undeveloped release rate for
the development site.
6 . All hydrologic and hydraulic computations must be verified
under the full range of expected downstream water surface
elevations, from low flow through the base flood elevation.
7 . Responsibility for maintenance of all storage facilities
shall be designated on the plat of subdivision or other
recorded documents .
8 . Storage facilities shall be designed and constructed with
the following characteristics :
a. Water surface depths two feet above the base flood
elevation will not damage the storage facility.
b. The storage facilities shall be accessible and easily
maintained.
C. All outlet works shall function without human
intervention or outside power and shall operate with
minimum maintenance.
d. Storage facilities shall facilitate sedimentation and
i
catchment of floating material.
e . Storage facilities shall minimize impacts of stormwater
runoff on water quality by incorporating best
management practices.
f . Storage facilities shall provide an overflow structure
and overflow path that can safely pass excess flows
though the development site. The minimum design rate
shall be 1 . 0 cfs/acre of area tributary to the storage
facility.
ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT
sec. 15-111 through 15-122 -42-
Approved By County Board 11/12/97
9. Storage facilities located within the regulatory flood plain
shall :
a. Conform to all applicable requirements specified in
Article 10 of this Ordinance; and
b. Store the required site runoff under all streamflow and
backwater conditions up to the base flood elevation;
and
C. Not allow design release rates- to be exceeded under any
stream elevation less than the base flood elevation.
10. Storage facilities located within the regulatory floodway
shall :
a. Meet the requirements for locating storage facilities
in the regulatory flood plain; and
b. Be evaluated by performing hydrologic and hydraulic
analysis consistent with the standards and requirements
for Watershed Plans; and
C. Provide a watershed benefit .
11. Developments with storage facilities that have off-site flow
tributary to the site either shall provide storage
sufficient to accommodate runoff from the off-site tributary
watershed and the site, or shall store the site runoff and
convey off-site flows through the development while
preserving the existing flow and storage of the site.
12 . Storage facilities may be located off-site if the following
conditions are met :
a. The off-site storage facility meets all of the
requirements of this Article 9; and
b. Adequate storage capacity in the off-site facility is
dedicated to the development; and
C . The development includes provisions to convey
stormwater to the off-site storage facility.
i
e , 4v
i
ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT
Sec. 15-111 through 15-122 43-
A,Qvroved By County Board 11/12/97
b. Sediment eenre•l areas -te---re the aet e-f-
uvbanizatien upen surfaee waters by fi3teerling—ate
assi:mi l-ating-seelierent laden-banmeater run ff-
wetland sherelill-
. e�i'b��l°—mend—_i=airsi—sEl�t rte—b@ t��"lire9--�7'�-��93-i3g—��"�rsist
time :c a_-._i _._..-..,._..t _
.
b. Riparian envireftfae its idAcntifieaa—in interim Wat V.s a
plans . if sueh plans are net ava4:iabie, use Parag:vaph
(e) -
e. Sloe speeif2-e--aiTHieatien --aee g—te bite _:r_ a u__
speeified in the plan. !E atteh site speeiE4:e
• Vegetative areas within SE) feet eE the berder e�f-
er4:b2eal 5herellire—efalee4—aara streates .,.e
er34:fti33g ffte re thaft 649 aeres, emeep t fer
een•�3°e°�r
t4partaft enbs,
aL-cues ! ipieee--as seen e9-pessiii•, a i _i l .anel
vl`e-i:nanee E r the rar.
ei d- 2`vrnss
shall e , withatit
I
., er
curercizcrirresT-w `ctlaft4•5,ei impetinelffients ...t ,t
' -
ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT
Sec. 15-111 through 15-122 -44-
Approved By County Board 11/12/97
6.
al fnly-
haft the lenst-fit eft
re q i-r e ,
r � f e ` _ agree-
Sec. 15-115. Reserved.
Sec. 15-116. Sediment and Erosion Control Requirements.
1. Sediment and erosion control devices shall be functional
before land is otherwise disturbed on the site.
2 . Stockpiles of soil shall not be located in special
management areas.
3 . If a stockpile is to remain in place for more than three
days, then sediment and erosion control shall be provided
for such stockpile.
4 . If the volume, velocity, sediment load, or peak flow rates
Of stormwater runoff are temporarily increased during
construction, then properties and special management areas
downstream from such development sites shall be protected
from erosion.
5 . Storm sewer inlets shall be protected with sediment trapping
or filter control devices during construction.
6 . The surface of stripped areas shall be permanently or
temporarily protected from soil erosion within 15 days after
final grade is reached. Stripped areas that will remain
undisturbed for more than 15 days after initial disturbance
shall be protected from erosion. Temporary sediment and
erosion control measures shall be maintained continuously
until permanent cover is established.
7. water pumped or otherwise discharged from the site during
construction dewatering shall be filtered.
8 . Graveled roads, access drives, parking areas of sufficient
width and length, and vehicle wash down facilities if
necessary, shall be provided to prevent the deposit of soil
from being tracked onto ublic
soil reaching a public or prvaterroadway eshal 1 be sremoved
before the end of each workday.
9 . All control measures necessary� ry to meet the requirements of
this Ordinance or the waiver community ordinance shall be
kept operational and maintained continuously throughout the
period of land disturbance until permanent sediment and
erosion control measures are operational .
ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT
Sec. 15-111 through 15-122 -45-
AWroved By Cog= Board 11/12/97
Sec. 15-117. Reserved for Special Requirements in the Salt
.Creek Watershed.
Sec. 15-118 . Reserved for Special Requirements in the East
Branch DuPage River Watershed.
Sec. 15-119 . Reserved for Special Requirements in the West
Branch DuPage River Watershed.
Sec. 15-120 . Reserved for Special Requirements in the Sawmill
Creek Watershed.
Sec. 15-121. Reserved for Special Requirements in the Des
Plaines River Tributaries Watershed.
Sec. 15-122 . Reserved for Special Requirements in the Fox River
Tributaries Watershed.
Sec. 15-123 through 15-130 . Reserved.
i
i
I
ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT
Sec. 15-111 through 15-122 -46-
ADDroved By County Board 11/12/97
ARTICLE 9, REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT
Sec. 15-111 through 15-122 47-
Approved By County Board 11/12/97
ARTICLE 10. SPECIAL MANAGEMENT AREAS.
Sec. 15-131. Special Management Areas.
1 . Special management areas include regulatory flood plains,_
wetlands, and riparian environments--,. ls. Requirements
for determining regulatory flood plains are specified in
Section 15-132 of this Ordinance. Requirements for
delineating wetlands are specified in Section 15-134 of this
Ordinance. Requirements for determining riparian
environments are specified in Section 15-137 of this
Ordindance .
2 . Any development in the regulatory flood plain shall comply
with the requirements of Section 15-133 of. this Ordinance in
addition to the requirements of Article 9 of this Ordinance.
3 . Any development in wetlands shall comply with the
requirements of Section 15-135 of this Ordinance in addition
to the requirements of Article 9 of this Ordinance.
4 . All developers shall submit the documents specified in
Article 11 of this Ordinance to verify compliance with the
requirements of this Ordinance or the applicable waiver
community ordinance.
5 . All developers shall grant the Director or the Administrator
consent to record against the title of the property an
informational note stating that a permit to build in a
special management area has been granted. The informational
note shall be printed on the face of the plat or other
recorded document or shall be separately recorded if the
project is a single lot development.
Sec. 15-132 . Requirements for Regulatory Flood Plain and
Regulatory Floodway Determination.
1 . Any developer proposing development shall identify the
boundaries and elevation of the regulatory flood plain and
the boundaries of the regulatory floodway.
2 . The regulatory flood plain shall be determined by the
highest base flood elevation for a development site at the
time of application as determined by:
a. Flood plain studies in the Watershed Plans .
b. Flood plain studies prepared as part of Interim
Watershed Plans .
ARTICLE 10. SPECIAL MANAGEMENT AREAS
Sec. 15-131 through 15-136 -48-
Approved By County Board 11/12/97
C• '33 WR studies adopted as State Regulatory Maps listed
in Exhibit 2 .
d. Flood Insurance Studies, Flood Insurance Rate Maps, and
Flood Boundary and Floodway Maps published by FEMA
listed in Exhibit 2 .
e. Project specific flood plain studies that meet the
standards established in the Plan and approved by the
Director.
3 . The Director, or the Administrator in a complete waiver
community, may require the applicant to perform a project
specific flood plain study when no other regulatory flood
plain has been established as provided in Subsection 15-
132 .2 of this Ordinance. If the drainage area is one square
mile or greater, the study shall also require approval from
PWR0__WR or their designee.
4 . Any development located within the regulatory flood plain as
listed in Exhibit 2 may require approval from OWR or its
designee or FEMA or both. Exhibit 2 includes approved
DWRQLWR and FEMA studies and maps used for insurance and
flood plain management purposes.
5 . The regulatory floodway shall be designated by PwRowR or its
designee and is shown on maps listed in Exhibit 2 . If a
floodway is not designated on the maps in Exhibit 2, then
the regulatory floodway shall be deemed to be the regulatory
flood plain.
G. The regulatory floodway may be redesignated b a
specific flood plain study and shall re 1' Project
the Department and quire approval from
OWR or its designee, and a CLOMR or
LOMR from FEMA.
Sec. 15-133 . Requirements for Development within the Regulatory
Flood Plain.
1. Development shall preserve effective floodway conveyance
such that there will be no increases in flood elevations,
flows, or floodway velocity, unless any such increases are
contained in a public flood easement and a watershed benefit
is provided.
2 • Temporary or permanent storage of the following are
prohibited unless elevated or floodproofed to one foot
the base above
flood e e
I elevation:
i
a. Items susceptible to flood damage; or
b• Unsecured buoyant materials or materials that may
cause off-site damage including bulky materials,
ARTICLE 10. SPECIAL MANAGEMENT AREAS
Sec. 15-131 through 15-136 -49-
ARproved By County Board 11/12/97
flammable liquids, chemicals, explosives,
pollutants, or other hazardous materials; or
C. Landscape wastes.
3 . All usable space in new buildings, added to existing
buildings, or in existing buildings in the flood plain
undergoing substantial improvement shall be elevated to at
least one foot above the base flood elevation.
4 . In areas outside the regulatory floodway but within the
flood plain, maximum flow depths on new parking lots shall
not exceed one foot during the base flood condition and
shall be designed for protection against physical flood
damages . Flood hazard in parking areas below the base flood
elevation shall be clearly posted.
5 . New structures other than buildings shall either be elevated
to at least one foot above the base flood elevation or
designed for protection against physical flood damages .
Floodproofing devices shall be operational without human
intervention. If electricity is required for protection
against flood damage, then there must be a backup power
source that will activate without human intervention. The
floodproofing shall be certified by a professional engineer.
6 . New or expansion of existing manufactured home parks or
subdivisions and placement of manufactured homes not in
existing manufactured home parks or subdivisions shall
require that :
a. All stands or pads shall be elevated to or above the
base flood elevation; and
b. Adequate access and drainage shall be provided; and
C . If pilings are used for elevation, applicable design
and construction standards for pilings shall be met;
and
d. Anchoring shall be accomplished in accordance with the
rules and regulations for the Illinois Mobile Home Tie-
Down Act issued pursuant to 77 Ill. Adm. Code § 870 to
resist flotation, collapse, and lateral movement .
I
7 . Existing structures shall not be enlarged, replaced, or
structurally altered unless the changes meet the
requirements for development . If the changes constitute
substantial improvement to a building in the flood plain,
then the entire building shall meet the requirements for
development .
8 . Existing structures may be floodproofed. Floodproofing
devices shall meet the requirements for development in the
flood plain and be operational without human intervention.
ARTICLE 10. SPECIAL MANAGEMENT AREAS
Sec. 15-131 through 15-136 -50-
ADD roved By County Board 11/12/97
If electricity is required, then there must be a backup
power source that will activate without human intervention.
The floodproofing shall be certified by a professional
engineer. Com p ensatory storage is not re
floodproofing of existing buildings for flood plainevolume
displaced by the building and within the area of 10 feet
adjacent to the building.
9 • Any placement of fill, structures, or other materials above
grade in the flood plain shall require compensatory storage
equal to at least 1.5 times the volume of flood plain
storage displaced and shall be provided at the same
incremental flood frequency elevation as the flood storage
displaced. Compensatory storage shall be operational prior
to placement of fill, structures, or other materials in the
regulatory flood plain. Grading in special management areas
shall be done in such a manner that the existing flood plain
storage is maintained at all times.
10 . A copy of an application for a CLOMR, CLOMA, LOMA, or LOMB
including all the required information, calculations, and
documents shall be submitted to the Department concurrent
with the application to FEMA or PwRgWR or its designee.
11 . No filling, grading, dredging, or excavating which changes
the base flood elevation, base flood flow rate or the
floodway boundary shall take place until a CLOMR is issued
by FEMA.
12 . If a LOMR is required by FEMA, no building construction
shall take place until the LOMR is received.
13 . Any fill required to elevate a building must extend at least
10 feet beyond the foundation before the grade slopes below
the highest base flood elevation.
14 - When a structure is elevated by some means other than
filling in the regulatory flood plain:
a. The useable space of any building and all electrical,
heating, ventilating, plumbing, and air conditioning
equipment shall be located at least one foot above the
highest base flood elevation; and
b. Elevation can be accomplished using stilts, piles,
walls, or other foundations. Areas below the lowest
floor that are subject to
flooding shall be designed d so that hydrostatic rostatic
forces on exterior walls are
automaticall y equalized b allowing win for
h
exit of floodwaters and shall be anchored andn aligned
in relation to flood flows and adjoining structures so
as to minimize exposure to known hydrodynamic forces
such as currents, waves, ice, and floating debris.
Designs for meeting this requirement shall be prepared,
ARTICLE 10. SPECIAL MANAGEMENT AREAS
Sec. 15-131 through 15-136 -51-
Approved By County Board 11/12/97
signed, and sealed by a structural engineer or
architect and meet or exceed the following minimum
criteria:
(1) A minimum of two openings having a total net area
of not less than one square inch for every square
foot of enclosed area subject to flooding; and
(2) The bottom of all openings shall be no higher than
one foot above grade; and
(3) Openings may be equipped with screens, louvers,
valves, or other coverings or devices, provided
that such coverings and devices do not impede the
automatic entry and exit of floodwaters; and
C. All materials and structures less than one foot above
the base flood elevation shall be resistant to flood
damage.
15 . Existing flood storage that is lost due to channel
modification shall require compensatory storage.
16 . Any removal, replacement, or modification of stormwater
facilities that has an existing hydraulic impact shall
provide a watershed benefit and shall require compensatory
storage to mitigate for any potential increases in flow or
flood elevations. All structures and their associated low
entry elevations within the created backwater of the
existing stormwater facility shall be identified.
17 . The release rate from new or modified storm sewer outfalls
shall meet the requirements of Section 15-114 .2 of this
Ordinance or demonstrate compliance with Section 15-112 .
18 . On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
flooding.
19 . Sanitary sewer systems and water distribution systems shall
be designed to minimize or eliminate infiltration or inflow
of flood waters and discharge of sewage.
20 . Hydrologic and hydraulic impacts of developments located in
the regulatory floodway shall be evaluated using the
applicable regulatory model and confirmed using Watershed
Plan models, if available, or models meeting the Plan
standards for watershed planning. The hydrologic and
hydraulic impacts of development shall be evaluated using
events representing the frequency range from 50 percent (2-
yr) to one percent (100-yr) probability of being equalled or
exceeded in a given year. The results of any such
evaluation shall be submitted to the Department .
ARTICLE 10. SPECIAL MANAGEMENT AREAS
Sec. 15-131 through 15-136 -52-
Approved By County Board 11/12/97
21. Any proposed development in the regulatory floodway shall
evaluate the hydrologic and hydraulic impacts for existing
and any future planned watershed conditions.
22 . In the regulatory floodway portion of the regulatory flood
plain , all of the requirements of this Section 15-133 shall
apply to any proposed development, and only the following
appropriate uses shall be considered for permits:
a. Bridges, culverts, and associated roadways, sidewalks,
and railways, necessary for crossing over the floodway
or for providing access to other appropriate uses in
the floodway and any modification thereto; and
b. At or below grade trail systems; and
C. Regulatory floodway regrading, without fill, to create
a positive slope toward a watercourse; and
d. Floodproofing activities to protect existing
structures; and
e. Stormwater facilities relating to the control of
drainage or flooding; and
f. Above- and below-ground utilities and sanitary and
storm sewer outfalls; and
g. The storage and conveyance of floodwaters; and
h. Erosion control structures and water quality and
habitat structures; and
i . Recreational boating and commercial shipping
facilities.
23 . Transition sections within the regulatory floodway are
required for the calculation of effective conveyance
including the modification and the replacement of existing
bridge and culvert structures, or to compensate for lost
conveyance for other appropriate uses. The following ratios
shall be used to calculate transition sections :
a. Water will expand no faster than one foot horizontal
for every four feet of flooded stream length.
b. Water will contract no faster than one foot horizontal
for
j every one foot of
flooded stream length.
C. Water will not expand or contract faster than one foot
vertical for every to feet of flooded stream length.
ARTICLE 10. spECIAL MANAGEMENT AREAS
Sec. 15-131 through 15-136 -53-
Approved-By County Board 11/12/97
Sec. 15-134 . Requirements for Wetland Delineation.
1. Any developer proposing development in or near mapped
wetland areas shall identify the boundaries, extent,
function and value, and quality of all wetland areas on the
subject property. The presence and extent of wetland areas
on the subject property shall be determined as the result of
an on-site wetland procedure. This procedure shall be
conducted in accordance with the current Federal wetland
determinatien—delineation methodology authorized under
Section 404 of the Clean Water Act. A written wetland
delineation/evaluation report shall be prepared in
compliance with all methodologies and definitions set forth
in this Ordinance or the applicable waiver community
ordinance.
2 . The approximate location, extent, and relative quality of
off- site wetlands contiguous to the development shall be
identified. The location and extent of contiguous off-site
wetlands shall be determined by using the first of the
following documents or procedures pertaining at the time of
development:
a. Site specific delineation according to the procedures
specified in the Plan and the Federal Manual for
Identifying and Delineating Jurisdictional Wetlands .
If such delineation is not available, use Paragraph (b)
below.
b. wetlands identified in Watershed Plans. If such plans
are not available, use Paragraph (c) below.
C . Wetlands identified in Interim Watershed Plans. If
such plans are not available, use Paragraph (d) below.
d. Wetlands identified in the Soil Conservation Service
Wetlands Inventory Maps .
3 . Wetlands shall be classified as either critical or
regulatory wetlands based on the assessment of the following
functions and values . Critical wetlands, because of their
sizes, configurations, vegetation, soils, or other
characteristics, play crucial roles in storing or conveying
flood waters, controlling erosion, maintaining or enhancing
water quality, and providing habitat for threatened or
endangered species. Critical wetland status shall be
assigned to those wetlands that have been determined to
satisfy one or more of the following:
a. The wetland is identified as a critical wetland in the
County' s wetland inventory; or
b. The wetland is known to possess a Federal or State
listed threatened or endangered species using the
ARTICLE 10. SPECIAL MANAGEMENT AREAS
Sec. 15-131 through 15-136 -54-
Approved By County Boa1'd 11112/97
methods found in the Illinois Department of
Conservation's "Guidebook for Endangered Species
Inventories", or Illinois Department of Conservation
has record of their presence within the last three (3)
years; or
C. The plant community within the wetland is determined to
have a mean rated quality (MRQ) of 3 .5 or higher during
a single season assessment, or alternatively a natural
area rating index (NARI) value of 35. 0 or higher during
a spring, summer, and fall assessment, as calculated by
the Swink & Wilhelm methodology. If both methods are
performed, the NARI value shall prevail as the
determining value; or
d. The initial wildlife quality value using the Modified
Michigan Department of Natural Resources Method is 5.0
or higher, or alternatively the mean rated wildlife
quality (MWRQ) is determined to be 8 .0 or higher, as
calculated by the Ludwig wildlife habitat evaluation
methodology. If both methods are performed, the Ludwig
value shall prevail as the determining value; or
e. The ratio of stormwater storage volume available at the
base flood elevation to tributary basin runoff volume
to the wetland is 25% or greater, or alternatively
using a method described in Section 15-114 .3 or Section
15-114 .4, the loss of wetland storage causes adverse
offsite impacts that cannot be mitigated in accordance
with Section 15-113 and Section 15-133 . If both methods
are performed, the methods described in Section 15-114
shall prevail as the determining value; or
r mi, 7
-�TS�1�ai3f 1 is le 3 i -Eft
aa V ii
fl. The existing release rate from the wetland is 0. 1
cfs/acre or less as determined using the method
described in Section 15-114 .3 .
4 . All other wetlands not meeting one or more of the critical
wetland criteria shall be assigned a regulatory
status . The final determination of wetland status shall wetland
be
made by the Director, or the Administrator in a complete
waiver community, based upon a review of submitted
information and when necessary, upon consultation with
outside wetland authorities.
Sec. 15-135 . Requirements for Development
�AFuncti on and Values ff
of Wetlands . ectincx the
i
i1 . Development within or affectincx critical wetlands shall be
prohibited, unless documentation is submitted that
JARTICLE 10. SPECIAL MANAGEMENT AREAS
Sec. 15-131 through 15-136 -55-
Approved By County Board 11/12/97
conclusively proves that the presence of critical wetlands
precludes all economic use of the entire parcel, and that no
practicable alternative to wetland modification exists.
Based upon a review of the submitted documentation, and any
other available resources, the Director, or the
Administrator in a complete waiver community, will make a
determination as to whether the proposed critical wetland
modification represents the least amount of wetland impact
required to restore an economic use to the upland portion of
the parcel, and whether a permit should be granted.
2 . Development within or affecting regulatory wetlands shall be
prohibited unless documentation is submitted that
conclusively proves that no practicable alternative to
wetland modification exists. Based upon a review of the
submitted documentation, and other available resources, the
Director, or the Administrator in a complete waiver
community, will make a determination as to whether the
proposed wetland modifications will be permitted.
3 . Developments et -n' medifleatien will be permitted only when
the proposed direct environmental impacts to on-site
wetlands, and indirect environmental impacts to off-site
wetlands, can be sufficiently evaluated, minimized, and
mitigated, as specified in this Section 15-135 .
4 . Mitigation for developments within or affecting a wetland
shall provide for the replacement of the wetland environment
lost to development at a minimum proportional rate of three
to one (3 : 1) for critical wetlands where critical for
wetland environments as defined in sections 15-134 .3 .b,c, &
d—& f, and one and one half to one (1 . 5 : 1 . 0) for regulatory
wetlands. The mitigated wetlands shall be designed to
duplicate or improve the hydrologic, biologic, and economic
features of the original wetland. The Director, or the
Administrator in a complete waiver community, may require a
greater compensation ratio where special wetland functions
are threatened.
5 . Mitigation for d r______-''_ storage lost 4rft within wetlands
develepment shall be provided in accordance with Section 15-
112 and Subsection 15-114 . 5 of this Ordinance.
ffteb .
64. Mitigation for development impacts within or affecting a
critical or regulatory wetland shall take place in the same
watershed planning area as the affected wetland. For the
purpose of Section 15-135 and Section 15-136 , the four
watershed planning areas are defined by the Salt Creek and
Des Plaines River Tributaries Watersheds, West Branch DuPage
River and Fox River Watersheds, the East Branch DuPage River
ARTICLE 10. SPECIAL MANAGEMENT AREAS
sec. 15-131 through 15-136 -56-
Approved By County Board 11/12/97
Watershed and the Sawmill Creek W�+►
Exhibit 1. atershed, as shown on
74. Creation of wetlands for the mitigation of development
impacts within or affecting a critical or regulatory wetland
may take place only within areas not currently comprised of
wetlands.
$4• Mitigation of impacts within or affecting critical and
regulatory wetlands shall include design
continued maintenance of the mitigation construction,me suresSee
Section 15-197 of this Ordinance.
The Director, or the Administrator in a complete waiver
community, at his or her discretion may allow an existing
wetland contiguous to a proposed regulatory wetland
Mitigation site to be enhanced in exchange for a partial
reduction in the mitigation area required. In no case shall
there be a loss of wetland function and -value. The area of
creation of new wetland to com ensate for unavoidable
wetland loss shall not r ri ,ccif,� be allowed to fall below
a one to one ratio.
10-1. Development in or affecting a wetland environment shall be
initiated only after-a mitigation plan has been approved and
adequate securities are provided as specified in Article 13
of this Ordinance.
11 The designs and analyses of all wetland mitigation measures
shall meet the standards of the Plan and shall comply with
all applicable Federal, State, and local regulations
regarding wetland impact and mitigation.
12G. The Director, or the Administrator in a complete waiver
community, shall require that the developer or owner provide
the County or the waiver community with periodic monitoring
reports on the status of the constructed mitigation
measures, and further may require the developer or owner to
undertake remedial action to bring the area into compliance
with the mitigation plan.
13-+. Mitigation for development within or affecting a wetland
begun prior to issuance of a stormwater permit, or other
unauthorized impact to a wetland, shall presume the wetland
disturbed was a critical wetland requiring mitigation at a
minimum rate of three to one (3 : 1) .
14 . To the extent racticable development within 50 feet of a
wetland shall not without miti ation:
a• Adv
ersely chap e the antit alit or temporal and
areal distribution of flows entering
an
ad 'ac
wetlands or waters • or
en t
ARTICLE 10. SPECIAL MANAGEMENT AREAS
Sec. 15-131 through 15-136 -57-
Approved By County Board 11/12/97
b. Destroy or damacre vegetation that stabilizes wetland
fringe areas or provides overland flow filtration to
wetlands : nor
C. Adversely affect any crround water infiltration_
functions .
Sec . 15-136 . Wetland Banking.
1 . In cases when the Director, or the Administrator in a
complete waiver community, believes that the long term
preservation of existing wetland functions or
characteristics is unlikely as a result of existing or
proposed land use practices in adjacent upland areas, then
the Director or the Administrator may provide that
mitigation for development within that wetland be
accomplished wholly or in part through investment in an
established wetland banking program in lieu of constructing
new wetlands.
2 . Such wetland banking shall be allowed only if no net loss of
wetlands results and if the adverse impacts of development
in regulatory or critical wetlands are fully mitigated.
3 . Wetland banking for development impacts within a critical or
regulatory wetland shall take place within an established
wetland banking program approved by the Committee, or the
Oversight Committee in a complete waiver community, and
located in the closest established wetland banking program
in the same watershed planning area as the affected wetland,
and shall :
a. Include a wetland enhancement, restoration, and
construction plan approved by the Committee and the
County Board, or by the Oversight Committee and the
corporate authorities in a waiver community; and
b. Include a capital improvements plan containing an
estimate of the total per acre cost of wetland
mitigation, including operation and maintenance costs;
and
C. Include a formula to determine that any investment in a
wetland bank shall be at least equal to the cost of
planning, acquiring of lands, constructing, operating,
and maintaining mitigated wetlands of equivalent or
greater functional value than those lost to
development .
4 . If a wetland meets all the conditions for mitigation in a
wetland banking program and there is not a wetland banking
program in the watershed planning area, mitigation outside
i
ARTICLE 10. SPECIAL MANAGEMENT AREAS
Sec. 15-131 through 15-136 -58-
Approved By County Board 11/12/97
the watershed planning area is permitted provided the
following conditions are met:
a. Mitigation is to be provided in the closest wetland
banking program with the greatest wetland deficit. If
there are no watershed planning areas with a wetland
deficit, then the mitigation shall take place in the
closest wetland banking program. The closest wetland
banking program shall be determined by measuring from
the centroid of wetland disturbance to the closest
appropriate watershed planning boundary.
b. The area of mitigation available within a wetland
banking program available in any wetland banking
program for mitigation from outside the watershed
planning area shall not exceed 15% of the original bank
area.
5 . All funds deposited in a wetland banking Program shall be
maintained in accounts designated solely for a particular
wetland banking project, but at the option of the Director,
or the Administrator in a full waiver community, may be
transferred to the account of another wetland banking
project in the same watershed planning area, or if one is
not available in an off-site mitigation area ieetLncr the
recruirements in section 15-135. if that particular wetland
banking project is not constructed within 10 years after the
date on which such funds were deposited.
6 . The County Board or the corporate authorities in a waiver
community shall audit annually all funds deposited in
wetland banking accounts and shall account for such funds on
a first-in, first-out basis.
Sec.-15-137 . Riparian Environments Requirements.
1 . Riparian environments serve the followings functions
a. Reduces flood flow rates velocities and volumes.
b. Prevents erosion and Dromotes bank stabilit of
streams lakes Ponds, or wetland shorelines .
C . Controls sediment from UID1 and areas thus reducing the
impact of urbanization on stream habitat and water
cxuali.ty by filterincr and assimilating nutrients
discharged from surrounding uplands
d. Insulates and mode ily and seasonal stream
temperature fluctuations by maintaining cooler instream
temperatures for areas with overhanging vegetation
ARTICLE 10. SPECIAL MANAGEMENT AREAS
Sec. 15-131 through 15-136 -59-
Approved By County Board 11/12/97
e. Serves as important sites for denitrification which
reduces development of algal blooms and subsequent
depressed levels of dissolved oxygen instream.
f. Provides an effective mechanism for treatment of
contaminated surface runoff.
Cr. Provides habitat corridors for both aquatic and
terrestrial fauna and flora.
h. Provides recreational and aesthetics values for human
use.
2 . Any developer proposing development in a riparian
environment shall identify the boundaries by using the first
of the following documents or Procedures pertaining at the
time of development:
a. Riparian environments identified in Watershed Plans
If such plans are not available, use Paragraph (b)
b. Riparian environments identified in Interim Watershed
Plans . If such plans are not available use Paragraph
(C) .
C. Vegetative areas along waterways within the limits of
the regulatory flood plain.
3 . Tree-cutting and vegetation removal shall be minimized
within riparian environments, and revegetation of disturbed
areas shall take place as soon as possible.
4 . Development in a riparian environment shall be initiated
only in accordance with the requirements of this Section. 15-
137 and the standards of the Plan and upon consultation with
the Technical Guidance for the DuPage Countywide Stormwater
and Flood Plain Ordinance for the Plan.
5 . To the extent Practicable development in a riparian
environment shall not , without mitigation:
a. Adversely change the quantity, quality, or temporal and
areal distribution of flows entering any adjacent
critical wetlands or waters; nor
b. Destroy or damage vegetation that overhangs,
stabilizes, provides overland flow filtration, or
shades stream channels, wetlands, or impoundments that
normally contain water; nor
I
C . affect any ground water infiltration
functions .
ARTICLE 10. SPECIAL MANAGEMENT AREAS
Sec. 15-131 through 15-136 -60-
C
oproved By County Board 11/12/97
6 . The lencrth of any miti ated channel shall be a al to or
crreater than the length of the disturbed channel
7. Miticration in ri arian environments shall be in accordance
with the procedures specified in the Plan
8 . iticration measures in ri arian environments shall include
recruired 'provisions for long term maintenance
Sec. 15-1384 through Sec. 15-145. Reserved.
I
ARTICLE 10. SPECIAL MANAGEMENT AREAS
Sec. 15-131 through 15-136 -61-
i
A�yr ved By County Board 11/12/97
ARTICLE 11. STORMWATER MANAGEMENT PERMITS.
Sec . 15-146 . General Requirements.
1. Any person proposing a development shall obtain a Stormwater
Management Permit prior to development, as provided in
Section 15-147 of this Ordinance.
2 . All Stormwater Management Permit review fees shall be paid
at the time of application. See Section 15-152 of this
Ordinance.
3 . All submittals that include the design of stormwater
facilities, calculations for the determination of the
regulatory flood plain, or calculations of the impacts of
development shall meet the standards of the Plan and shall
be prepared, signed, and sealed by a professional engineer.
Such professional engineer shall provide an opinion that the
technical submittal meets the criteria required by the Plan
and this Ordinance or the applicable waiver community
ordinance.
4 . Any structure subject to a differential water pressure head
of greater than three feet shall be prepared, signed, and
sealed by a structural engineer.
5 . The site topographic map, record drawings, and other
required drawings shall be prepared, signed, and sealed by a
land surveyor or professional engineer and tied to the
DuPage County Survey Control Network (National Geodetic
Vertical Datum, 1929 adjustment) .
6 . Any proposed development shall secure all appropriate
stormwater management related approvals, including without
limitation a DWROWR Dam Safety permit if required, and other
appropriate federal, state, and regional approvals prior to
the issuance of a Stormwater Management Permit .
7 . All development undertaken by a unit of local government in
the regulatory flood plain where no regulatory floodway has
been designated shall obtain a permit from BWROWR or its
designee prior to issuance of a Stormwater Management
Permit.
8 . Within the regulatory floodway, the following calculations
or analyses shall be submitted to and approved by DWROWR or
its designee prior to the issuance of a Stormwater
Management Permit :
a. Flood damage analyses for the replacement or
modification of existing bridges or culverts; and
ARTICLE 11. STORMWATER MANAGEMENT PERMITS
Sec. 15-146 through 15-153 -62-
Approved By County Board 11/12/97
b. Hydraulic analyses of new, modified, or replacement
bridges or culverts; and
C. Analyses of alternative transition sections as required
in Subsection 15-133 .244 of this Ordinance; and
d• Analyses of hydrologically and hydraulically equivalent
compensatory storage.
9• Any and all proposed development not in a special management
area shall be reviewed under the supervision of a
professional engineer meeting the requirements in Section
15-47.3 .b.
10 . Any and all proposed development within the regulatory flood
plain shall be reviewed under the supervision of a
professional engineer meeting the requirements in Section
15-47.3 .a. and, in the case of floodway development,
certified by that professional engineer that the proposed
development meets the minimum requirements of this
Ordinance.
11 . Any and all proposed development in or near a wetland shall
be reviewed under the supervision of an environmental
scientist meeting the requirements in Section 15-47.3 .a (3) .
and certified by that environmental scientist that the
proposed development meets the minimum requirements of this
Ordinance .
Sec. 15-147. Applicability; Required Submittals.
1 . A Stormwater Management Permit shall be required if:
a. The development involves one or more special management
areas; or
b. The development involves a substantial improvement in
the regulatory flood plain; or
C. The development disturbs more than 5, 000 square feet of
ground cover, unless the development solely involves
one or more of the following:
(1) Cultivation, conservation measures, or gardening;
or
(2) Installation, renovation, or replacement of a
septic system, potable water service line, or
other utility to serve an existing structure; or
(3) Excavation or removal of vegetation in rights-of-
way or public utility easements for the p u
installing or maintaining utilities; or rpose of
ARTICLE 11. STORMWATER MANAGEMENT PERMITS
Sec. 15-146 through 15-153 -63-
AR12roved By County Board 11/12/97
(4) Maintenance, repair, or at grade replacement of
existing lawn areas not otherwise requiring a
stormwater permit under Ordinance.
2 . In addition to the application requirements provided in
Sections 15-146 and 15-148 of this Ordinance, the following
submittals shall be required:
a. The Stormwater Submittal provided in Section 15-149 of
this Ordinance shall be required for all development
requiring a stormwater permit .
b. The Flood Plain Submittal provided in Section 15-150 of
this Ordinance shall be required for all development
proposed within any regulatory flood plain designated
in Section 15-132 of this Ordinance.
C. The Wetland Submittal provided in Section 15-151 of
this Ordinance shall be required for any development
proposed within a wetland designated in Section 15-134
of this Ordinance.
Sec. 15-148 . Stormwater Management Permit Application.
The Stormwater Management Permit application shall include all of
the following:
1 . The name and legal address of the applicant and of the owner
of the land; and
2 . The common address and legal description of the site where
the development will take place; and
3 . A general narrative description of the development,
including submittals required pursuant to Subsection 15-
147 . 2 of this Ordinance; and
4 . Affidavits signed by the land owner and the developer
attesting to their understanding of the requirements of this
Ordinance or the applicable waiver community ordinance and
their intent to comply therewith; and
5 . A statement of opinion by a qualified person either denying
or acknowledging the presence of special management areas on
the development site, and the appropriate submittals if the
statement acknowledges the presence of special management
areas; and
i
6 . Copies of other permits or permit applications as required;
and
7 . A stormwater submittal; and
ARTICLE 11. STORMWATER MANAGEMENT PERMITS f'
Sec. 15-146 through 15-153 -64-
Approved By County Board 11/12/97
8 . A flood plain submittal, if development is proposed in a
flood plain; and
9 . A wetland submittal, if development is proposed in a
wetland; and
10 . A ri arian environment submittal if develo ment is p ro osed
in a riparian environment: and
11$. An engineer' s estimate of probable construction cost of the
stormwater facilities.
Sec. 15-149 . Stormwater Submittal.
1. The stormwater submittal shall include:
a. A site stormwater plan; and
b. Site runoff calculations; and
C. Site runoff storage calculations if site runoff storage
is required in Section 15-111.2; and
d. Information describing off-site conditions; and
e . A sediment and erosion control plan; and
e .3:e tent is W; t
See .}f� r L e '-•aTQ' �
anel
f}. Description on how best management practices are
incorporated in the development.
2 . The site stormwater plan shall include:
a. A site topographic map depicting both existing and
proposed contours of the entire site to be disturbed
during development and all areas 100 feet beyond the
site or as required by the Director or the
Administrator at a scale of at least one inch equals
100 feet or less (e.g. , one inch to 50 feet) , with a
minimum contour interval of one foot with accuracy
equal to 0. 5 foot of elevation; and .
b. A plan view drawing of all existing and proposed
stormwater facilities features, at the same scale as
the site topographic map, including all of the
following:
(1) Boundaries for watersheds tributary to all
significant stormwater facilities (i .e. , channels,
ARTICLE ii. STORMWATER MANAGEMENT PERMITS
Sec. 15-146 through 15-153 -65-
Ayyroved By County Board 11/12/97
bridges, inlets, and the like) , along with the
location of such facilities; and
(2) Major and minor stormwater systems (i.e. , storm
water pipes, culverts, inlets, and storage and
infiltration facilities, and flooding limits under
base flood conditions for the major stormwater
system) ; and
(3) Roadways, structures, parking lots, driveways,
sidewalks, and other impervious surfaces; and
(4) The nearest base flood elevations; and
C . Design details for all proposed stormwater facilities
(i .e. , major and minor stormwater systems, storage
basins, and outlet works, and the like) ; and
d. A scheduled maintenance program for the stormwater
facilities, including:
(1) Planned maintenance tasks; and
(2) Identification of the person or persons
responsible for performing the maintenance tasks
as required by Section 15-180 of this Ordinance;
and
(3) A description of the permanent public access
maintenance easements granted or dedicated to, and
accepted by, a governmental entity; and
e . A schedule of implementation of the site stormwater
plan—; and
f . Upon completion of development, record drawings of the
site stormwater plan shall be submitted to the Director
or the Administrator. Such drawings shall be prepared,
signed, and sealed by a land surveyor or professional
engineer and shall include calculations showing the
"as-built" volume of compensatory and site-runoff
storage.
3 . The site runoff calculations shall include :
a. Profile drawings of the major and minor stormwater
systems, including cross section data for open
channels, showing the hydraulic grade line and water
surface elevation under the design and base flood
condition; and
b. Documentation identifying the procedures, assumptions,
and data used to calculate hydrologic and hydraulic
ARTICLE 11. STORMWATER MANAGEMENT PERMITS
Sec. 15-146 through 15-153 -66-
Approved By County Boarcd 11/12/97
conditions for sizing both major and minor stormwater
Systems.
4 . The site runoff storage calculations shall include:
a. Documentation identifying the procedures, assumptions,
and data used to calculate hydrologic and hydraulic
conditions and to determine the allowable release rate
and related storage volume; and
b. Elevation-area-storage and elevation-discharge data for
storage systems.
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5-6�. Information describing the off-site conditions shall include
sufficient information to allow evaluation of off-site
impacts to and resulting from the proposed development .
Such information shall include :
a. A vicinity topographic map covering the entire upstream
watershed that drains to or through the site and the
entire watershed downstream to the point of known or
assumed discharge and water surface elevation; and
b. A plan view drawing of existing and proposed stormwater
facilities, at the same scale as the vicinity
topographic map, including:
(1) Watershed boundaries for areas draining through or
from the development; and
(2) The location of the development within the water
shed planning area; and
(3) Soil types, vegetation, and land cover conditions
affecting runoff upstream of the development site
for any area draining through or to the site.
ARTICLE 11. STORMWATER MANAGEMENT PERMITS
Sec. 15-146 through 15-153 _67_
J
Approved By County Board 11/12/97
64. The sediment and erosion control plan shall conform with the
requirements of Section 15-116 of this Ordinance. The
sediment and erosion control plan shall include:
a. A plan and schedule for construction, including site
clearing and grading, placement and maintenance of soil
stabilization controls, and sediment trapping
facilities; and
b. A description of the development, including existing
site land cover and hydrologic conditions, adjacent
areas, soil types, permanent and temporary sediment and
erosion control measures, maintenance requirements, and
calculations; and
C. Plan view drawings of existing and proposed site
conditions, at the same scale as the site stormwater
plan, including:
(1) Existing contours with drainage patterns and
watershed boundaries; and
(2) Soil types, vegetation, and land cover conditions;
and
(3) Limits of clearing and grading plans; and
(4) Final contours with locations of drainageways and
sediment and erosion control measures; and
d. Design details for proposed sediment and erosion
control facilities; and
e. A copy of the written opinion, when applicable, of the
Soil and Water Conservation District required under 70
ILCS 405/22 . 02 (1992) ; and
f. Evidence that the sediment and erosion control
installation and maintenance requirements, including
both a list of maintenance tasks and a performance
schedule, are identified and required in the plans and
specifications.
7$. Information describing how best management practices are
incorporated into the site design. Such information shall
include:
a. A description of best management practices that are
incorporated into the site design and how they will
function. Include applicable design criteria such as
soil type, vegetation, and land cover conditions
draining to the best management practice along with
appropriate calculations; and
ARTICLE 11. STORMWATER MANAGEMENT PERMITS
Sec. 15-146 through 15-153 -68
Approved By County Board 11/12/97
b. A description of the maintenance requirements.
Sec. 15-150. Flood Plain Submittal .
The flood plain submittal shall include:
1 . A delineation of the pre- and post-development regulatory
flood plain and recrulatory floodwav consistent with the
requirements of Section 15-132 of this Ordinance; and
2 . Calculations necessary for meeting the requirements of
Sections 15-132 and 15-133 of this Ordinance; and
3 . Topographic survey drawings of all structures located on or
near the site, showing all structures including the lowest
floor, point of entry, and floodproofing elevations. This
survey shall be prepared, signed, and sealed by a land
surveyor or professional engineer.
Sec. 15-151 . Wetland Submittal.
The wetland submittal shall include:
1 . A delineation of the wetlands consistent with the
requirements for wetland delineation provided in Section 15-
134 of this Ordinance; and
2 . A characterization of the wetlands as either critical or
regulatory; and
3 . A mitigation plan meeting the requirements of Section 15-135
of this Ordinance; and
4 . A plan for the continued management, operation, and
maintenance of the mitigation measures, including the
designation of the person or persons responsible for long
term operation and maintenance and dedicated funding
sources.
Sec. 15-151 . Riparian Environment Submittal .
The ring-rig- environment submittal shall include
1 . A invent :) of the functions of the riparian environments
consistent with the re irements for ri arian environments
delineation Provided in Subsection 15-137.2 of this
Ordinance - and
i
i
ARTICLE 11. STORMWATER MANAGEMENT PERMITS
Sec. 15-146 through 15-153 -69-
Approved By County Board 11/12/97
2 A mitigation plan meeting the requirements of Section 15-
137 of this Ordinance : and
3 . A plan for continued management, operation, and maintenance
of the mitigation measures, including desicmation of the
person or persons responsible for long term operational
management and dedicated funding sources.
Sec. 15-153.2-. Permit Fees.
1. A review and inspection fee schedule for Stormwater
Management Permits in non-waiver communities, and in special
management areas for partial waiver communities, is attached
to this Ordinance as Schedule A and by this reference
incorporated into this Ordinance .
2 . All permit review and inspection fees for development in
non- waiver communities, and in special management areas in
partial waiver communities, shall be payable to the
Department .
3 . Waiver communities may set permit review and inspection fees
for developments within their jurisdictions.
Sec. 15-1544 Duration and Revision to Permits
1 . Permits expire December 31 of the third year following the
date of permit issuance.
2 . If the permitted activity has been started but is not
completed by the expiration date of the permit, and the
permittee intends to pursue the permitted activity, then the
permittee may submit a written request that the expiration
date be extended. Upon receipt of such request, the
Director or the Administrator may extend the expiration date
in maximum increments of three years for permitted
activities outside special management areas . Expiration
dates for permitted activities in special management areas
may be extended in maximum three year increments provided
the activity is in compliance with the then current
requirements of this Ordinance or the applicable waiver
community ordinance.
3 . If, after permit issuance, the permittee decides to revise
the approved plans, the permittee shall submit revised plans
to the Director or the Administrator, along with a written
request for approval. If the Director or the Administrator
determines that the revised plans are in compliance with the
then current requirements of this Ordinance or the
applicable waiver community ordinance, an approval of the
revised plans will be issued.
Ii
f
ARTICLE 11. STORMWATER MANAGEMENT PERMITS
Sec. 15-146 through 15-153 -70-
App
roved By County Board t X12/97
Sec. 15-1554 through 15-165. Reserved.
ARTICLE 11. STORMWATER MANAGEMENT PERMITS
Sec. 15-146 through 15-153 -71-
Approved By County Board 11/12/97
I�
ARTICLE 11. STORMWATER MANAGEMENT PERMITS
Sec. 15-146 through 15-153 -72- j
A�nroved By County Board 11/12/97
ARTICLE 12. PROHIBITED ACTS.
Sec. 15-166 . Prohibited Acts .
1. It shall be unlawful for any person to undertake any
development within the County or a waiver community without
first securing a Stormwater Management Permit as required by
this Ordinance or the applicable waiver community ordinance.
2 . It shall be unlawful for any person to violate,
omit, neglect, or refuse to comply with, or to disobey,
enforcement of, any provision of this Ordinance or the
applicable waiver community ordinance or any condition of a
Stormwater Management Permit required by this Ordinance or
the waiver community ordinance.
Sec. 15-167. Prosecution of Violations.
Upon finding the existence of any violation of this Ordinance or
a waiver community ordinance, the Director or the Administrator
shall have the authority and duty to take or direct all actions
necessary or appropriate to abate• and redress such violation.
The Director or the Administrator shall also initiate
proceedings, as necessary, to enforce this Ordinance or the
waiver community ordinance.
Sec. 15-168 through 15-175 . Reserved.
ARTICLE 12. PROHIBITED ACTS
Sec. 15-166 through 15-167 -73-
i
A�nroved By County Board 11/12/97
II
ARTICLE 12. PROHIBITED ACTS
Sec. 15-166 through 15-167 -74-
Approved By County Board 11/12/97
ARTICLE 13 . PERFORMANCE SECURITY,
Sec. 15-176 . General Security Requirements .
1. As security to the County or the waiver community for the
Performance by the developer of the developer' s obligations
to complete the construction of any stormwater facilities
required by the Stormwater Management Permit, to pay all
costs, fees, and charges due from the developer pursuant to
this Ordinance or the applicable waiver community ordinance,
and to otherwise faithfully perform the developer's
undertakings pursuant to this Ordinance or the applicable
waiver community ordinance, the developer shall, prior to
issuance of a Stormwater Management Permit :
a• Post a development security as provided in Section 15-
177 of this Ordinance; and
b. Post a sediment and erosion control security as
provided in Section 15-178 of this Ordinance, if a
sediment and erosion control plan is required pursuant
to Section 15-149 of this Ordinance.
2 . The developer shall bear the full and
a
cost of securing
maintaining the securities required by this Section 15g a
Sec. 15-177 . Development Security.
1 . A development security shall be posted and shall include:
a. A schedule, agreed upon by the developer and the
Director or the Administrator, for the completion of
the construction of any stormwater facilities required
by the permit; and
b. An irrevocable letter of credit, or such other adequate
security as the Director or the Administrator may
approve, in an amount equal to not less than one
hundred ten percent (1100) of the estimated probable
cost to complete the construction of any stormwater
facilities required by the Stormwater Management
Permit, which estimated probable cost shall be approved
by the Director or the Administrator; and
C. A statement signed by the applicant granting the
Director or the Administrator the right to draw on the
security and the right to enter the development site to
complete required work in the event that work is not
completed according to the work schedule; and
i
ARTICLE 13. PERFORMANCE SECURITY
Sec. 15-176 through 15-180 _75.
I
Approved By County Board 11/12/97
d. A statement signed by the applicant that the applicant
shall indemnify the community and the Department for
any additional costs incurred attributable to
concurrent activities of or conflicts between the
applicant ' s contractor and the community' s or
Department ' s remedial contractor at the site.
2 . The security required by this Section 15-177 shall be
maintained and renewed by the applicant, and shall be held
in escrow by the Director or the Administrator until the
conditions set forth in this Section 15-177 or other
applicable provision are satisfied.
3 . After approval of record drawings and final inspection by
the Director or the Administrator, not more than ninety
percent (900) of the security provided for in this Section
15-177 or other applicable provision may be released. A
minimum of ten percent (10%) of the security shall be
retained for a period of time not to exceed:
a. One year after completion of construction of all
stormwater facilities required by the permit if the
development involves no wetland mitigation; or
b. Five years after completion of construction of all
stormwater facilities required by the permit if the
development involves wetland mitigation.
Sec . 15-178 . Sediment and Erosion Control Security.
1 . If a sediment and erosion control plan is required pursuant
to Section 15-149 of this Ordinance, then a sediment and
erosion control security shall be required. Such a security
shall include:
a. An irrevocable letter of credit, or such other adequate
security as the Director or the Administrator shall
approve, in an amount equal to not less than one
hundred ten percent (110%) of the estimated probable
cost to install and maintain the sediment and erosion
control measures, which estimated probable cost shall
be approved by the Director or the Administrator; and
b. A statement signed by the applicant granting the
Director or the Administrator, as applicable, the right
to draw on the security and the right to enter the
development site to complete sediment and erosion
control measures in the event that such measures are
not installed and maintained according to the
established schedule.
,I
2 . The security required by this Section 15-178 shall be
maintained and renewed by the applicant, and shall be held E
ARTICLE 13. PERFORMANCE SECURITY
Sec. 15-176 through 15-180 -76-
Ap uroved By County Board 11/12/97
in escrow by the Director or the Administrator, as
applicable, until the conditions set forth in this Section
15-178 are satisfied.
3 . After establishment of vegetation, removal of all sediment
from stormwater facilities, and final inspection and
approval by the Director or the Administrator, as
erosion control security shall be (released.
Sec. 15-179 . Letters of Credit.
1 . Letters of credit posted pursuant to Sections 15-176, 15-
177, and 15-178 of this Ordinance shall be in a form
satisfactory to the Director or the Administrator, as
applicable.
2 . Each letter of credit shall be from a lending institution:
(a) acceptable to the Director or the Administrator, as
applicable, (b) having capital resources of at least ten
million dollars ($10, 000, 000) , or such other amount
acceptable to the Director or the Administrator; (c) with an
office in the Chicago Metropolitan Area; and, (d) insured by
the Federal Deposit Insurance Corporation.
3 . Each letter of credit shall, at a minimum, provide that :
a. It shall not be canceled without the prior written
consent of the Director or the Administrator; and
b. It shall not require the consent of the developer prio
to any draw on it by the Director or the Administrators
and
C. If at any time it will expire within 45 or any lesser
number of days, and if it has not been renewed, and if
any applicable obligation of the developer for which
its security remains uncompleted or is unsatisfactory,
then the Director or the Administrator may, without
notice and without being required to take any further
action of any nature whatsoever, call and draw down the
letter of credit and thereafter either hold all
proceeds as security for the satisfactory completion of
all such obligations or employ the proceeds to complete
all such obligations and reimburse the County or the
waiver community for any and all costs and expenses,
including legal fees and administrative costs, incurred
by the County or the waiver community, as the Director
or the Administrator shall determine.
4 . If at any time the Director or the Administrator determines
that the funds remaining in the letter of credit are not, or
may not be, sufficient to
pay Y in full the remaining unpaid
P id
ARTICLE 13. PERFORMANCE SECURITY
Sec. 15-176 through 15-180 -77-
I
{ Approved By County Board 11/12/97
cost of all stormwater facility construction or sediment and
erosion control measures, then, within ten (10) days
following a demand by the Director or the Administrator, the
developer shall increase the amount of the letter of credit
to an amount determined by the Director or the Administrator
to be sufficient to pay such unpaid costs. Failure to so
increase the amount of the security shall be grounds for the
Director or the Administrator to draw down the entire
remaining balance of the letter of credit .
5 . If at any time the Director or the Administrator determines
that the bank issuing the letter of credit is without
capital resources of at least ten million dollars
($10, 000, 000) , is unable to meet any federal or state
requirement for reserves, is insolvent, is in danger of
becoming any of the foregoing, or is otherwise in danger of
being unable to honor such letter of credit at any time
during its term, or if the Director or the Administrator
otherwise reasonably deems the bank to be insecure, then the
Director or the Administrator shall have the right to demand
that the developer provide a replacement letter of credit
from a bank satisfactory to the Director or the
Administrator. Such replacement letter of credit shall be
deposited with the Director or the Administrator not later
than ten (10) days following such demand. Upon such
deposit, the Director or the Administrator shall surrender
the original letter of credit to the developer.
6 . If the developer fails or refuses to meet fully any of its
obligations under this Ordinance or the applicable waiver
community ordinance, then the Director or the Administrator
may, in his or her discretion, draw on and retain all or any
of the funds remaining in the letter of credit. The
Director or the Administrator thereafter shall have the
right to take any action he or she deems reasonable and
appropriate to mitigate the effects of such failure or
refusal, and to reimburse the County or the waiver community
from the proceeds of the letter of credit for all of its
costs and expenses, including legal fees and administrative
expenses, resulting from or incurred as a result of the
developer' s failure or refusal to fully meet its obligations
under this Ordinance or the applicable waiver community
ordinance. If the funds remaining in the letter of credit
are insufficient to repay fully the County or the waiver
community for all such costs and expenses, and to maintain a
cash reserve equal to the required letter of credit during
the entire time such letter of credit should have been
maintained by the developer, then the developer shall, upon
demand of the Director or the Administrator therefor,
immediately deposit with the Director or the Administrator
such additional funds as the Director or the Administrator
determines are necessary to fully repay such costs and
expenses and to establish such cash reserve.
ARTICLE 13 . PERFORMANCE SECURITY
Sec. 15-176 through 15-180 -78-
Annroved B County Board 11/12/97
Sec. 15-180 . Long-Term Maintenance.
Subdivision site runoff storage areas, and stormwater facilities
not located in dedicated rights-of-way, shall be granted or
dedicated to and accepted by a public entity, or shall be
conveyed by plat as undivided equal interests to each lot in the
subdivision or to dedicated entities approved by the Director or
the Administrator. Included in the dedication shall be a plan
for continued management, operation, and maintenance of the
stormwater facility, including designation of the person or
persons responsible for long term operational management and
dedicated funding sources.
1. If title to the land underlying site runoff storage areas
and stormwater facilities is conveyed by agreement to each
of the lots in the subdivision, then:
a. A covenant on the face of the plat shall be provided;
and
b. Subdivision property owners shall establish a property
owner' s association to provide for the maintenance of
site runoff storage areas and stormwater facilities .
The association shall be duly incorporated and the
property owners ' association agreement shall be
recorded for all the lots in that subdivision; and
C. The proposed property owners ' association by-laws and
declaration shall provide for a long term maintenance
agreement establishing:
(1) Title to the site runoff storage areas and storm
water facilities to assure that each lot owner is
responsible for a share of the cost of
maintenance; and
(2) Payment of real estate property taxes for such
areas to assure that site runoff storage areas and
stormwater facilities are not sold to satisfy
delinquent taxes; and
(3) Methods of perpetual maintenance, to assure that
the standards of the plan for the site runoff
storage areas and stormwater facilities are met.
Maintenance methods shall be approved by the
Director or the Administrator.
2 . If title to land underlying the site runoff storage areas
and stormwater facilities is conveyed by the plat to a
public entity, then:
a. The face of the plat shall provide, if necessary, that
an easement for public access for construction and
ARTICLE 13. PERFORMANCE SECURITY
Sec. 15-176 through 15-180 -79-
Approved By County Board 11/12/97
maintenance purposes is reserved to the public entity;
and
b. The public entity shall accept the dedication of the
site runoff storage areas and stormwater facilities and
provide for their perpetual maintenance, including
capital expenses for repair and replacement .
3 . If title to the land underlying the site runoff storage
areas and stormwater facilities is conveyed by the plat to
the owner of the land, then:
a. The face of the plat shall provide an easement for
access and maintenance purposes is reserved to the
governmental unit having local jurisdiction over the
stormwater management plan for the area in which the
property is located; and
b. The face of the plat shall provide the maintenance
responsibilities including the schedule of perpetual
maintenance, repair and replacement; and
C. The face of the plat shall stipulate an agreed right of
the governmental unit having local jurisdiction over
the stormwater management plan for the area in which
the property is located to come onto the property upon
thirty (30) days written notice to correct any
condition which causes the site runoff storage area not
to function as hydraulically and hydrologically
planned; and to demand payment for such costs or to
place a lien against the property for the value of
those costs .
Sec. 15-181 through 15-195 . Reserved.
I
ARTICLE 13. PERFORMANCE SECURITY
Sec. 15-176 through 15-180 -80-
Approved By County Board 11/12/97
ARTICLE 14. ENFORCEMENT AND PENALTIES.
Sec. 15-196. Inspection and Maintenance Authority.
1. Pursuant to the authority granted by 55 ILCS 5/5-1104 & 5-
1062 (1992) , the County or a waiver community may, after
thirty (30) days written notice to the owner or occupant,
enter upon any lands or waters within the County for the
purpose of inspecting or maintaining stormwater facilities
or causing the removal of any obstruction to an affected
watercourse.
2 . The Director or the Administrator shall post the notice in a
prominent place on the premises, and shall send by certified
mail a copy of the notice to the property owner listed in
the County property tax records. The notice shall :
a. State the method by which the stormwater facility will
be cleaned or maintained; and
b. State the date upon which the proposed work will begin;
and
C. Inform the property owner that the property owner may
appeal the commencement date of the proposed
maintenance work.
Sec . 15-197. Required Inspections.
1 . Any development constructed pursuant to a Stormwater
Management Permit shall be subject to periodic inspections
by the Director or the Administrator to ensure conformity
with permit provisions and conditions.
2 . Unless otherwise provided by a valid and enforceable
intergovernmental agreement, the Department shall inspect
and monitor the construction and maintenance of mitigation
measures prepared pursuant to Section 15-135 of this
Ordinance for all mitigated wetlands authorized by a
Stormwater Management Permit in a non-waiver or partial
waiver community.
Sec. 15-198 . Notice of Violations.
Whenever the Director or the Administrator determines that a
violation of a permit exists, the Department or the Oversight
Committee shall issue a notice of violation to the owner,
developer, or person in control by posting a COPY of the notice
on the subject
parcel and by mailing the notice to the owner,
developer, or person in control. Such notice shall state the
ARTICLE 14. ENg
ORC
EMENT
AND PENALTIES
Sec. 15-196 through 15-204 -81-
=roved By Co= Board 11/12/97
nature of the alleged violation and shall fix a date not less
than ten (10) days after the date of the notice when the parcel
or development will be reinspected. If the. condition is not
corrected upon reinspection, then, in addition to other remedies,
the proper authorities of the County or the waiver community may
institute any appropriate action or proceedings in the circuit
court to restrain, correct, or abate such violation.
Sec. 15-199. Revocation of Permits.
The Director or the Administrator may revoke a Stormwater
Management Permit under any of the following circumstances:
1 . When the application, plans, or other supporting documents
required by this Ordinance or the waiver community ordinance
reflect a false statement or misrepresentation as to
material fact; or
2 . When the permit holder fails to post or maintain security,
execute covenants, or dedicate easements as required; or
3 . Any violation of any relevant local, State, or Federal
requirement.
Sec . 15-200 . Stop-Work Order.
1 . The Director or the Administrator, upon discovery of the
existence of any of the circumstances established in
Subsection 15-200 . 2 of this Ordinance, is authorized to
issue an order requiring the suspension of the subject .
development . Such = stop-work order shall be in writing,
shall indicate the reason for its issuance, and shall order
the action, if any, necessary to resolve the circumstances
requiring the stop-work order. One copy of the stop-work
order shall be posted on the property in a conspicuous place
and one copy shall be delivered by mail or by personal
delivery to the permit holder and to the owner of the
property or his or her agent . The stop-work order shall
state the conditions under which the subject development may
be resumed.
2 . A stop-work order shall be issued if the governmental unit
having jurisdiction over Stormwater Management in that area
is aware that :
a. Development is proceeding in a manner which creates
imminent hazard of severe harm to persons or property
on or off the site; or
b. Development has been accomplished in violation of a
requirement of this Ordinance, or the waiver community
ordinance, or a Stormwater Management Permit, or any
ARTICLE 14. ENFORCEMENT AND PENALTIES
Sec. 15-196 through 15-204 -82-
Approved By County Board 11/12/97
other applicable law or regulation, and a period of
longer than fifteen (15) calendar days has elapsed
since written notice of the violation or noncompliance
was posted on the property in a conspicuous place or
given to the person conducting the development without
the violation or noncompliance being corrected; or
C. Development for which a Stormwater Management Permit is
required is proceeding without issuance of a Stormwater
Management Permit. In such instance, the stop-work
order shall indicate that the effect of the order
terminates when the required Stormwater Management
Permit is properly obtained.
Sec. 15-201. Fines.
1• Any person who violates, disobeys, omits, neglects, or
refuses to comply with, or who resists .enforcement of, any
provision of this Ordinance, the applicable waiver community
ordinance, or any condition in any permit issued pursuant to
this Ordinance or a waiver community ordinance, shall be
subject to a fine not
�e3i:41 in excess of seven hundred and fifty
r calendar day a violation continues to exist shall constitute
a separate offense.
2 . For the purposes of this Section 15-201, the owner, any
occupant, or the developer and any contractor doing
development work on -the land shall be jointly and severally
liable for any violation of this Ordinance or the waiver
community ordinance.
3 . The Committee or, in a full waiver community, the Oversight
Committee shall request its appropriate legal counsel to
prosecute such action as a petty offense pursuant to 730
ILLS 5/5-1-17 (1992) ; as hereafter amended; or according to
other appropriate authority in law or in equity.
Sec. 15-202 . Additional Remedies for Special Flood Hazard
Areas .
1. Pursuant to 55 ILCS 5/5-12003 (1992) , upon the unauthorized
excavation or filling of a special flood hazard area in an
unincorporated area of the county, by any person, the County
may petition the circuit court for an order to remove the
fill and restore the parcel to its natural elevation in
order to lessen or avoid the imminent threat to public
health, safety, or welfare and damage to property resulting
from the accumulation or runoff of stormwater or floodwater.
a. When, after a diligent search, the identity or
whereabouts of the owner of any such parcel, including
ARTICLE 14. ENFORCEMENT AND PENALTIES
Sec. 15-196 through 15-204 -83-
A� rop ved By County Board 11/12/97
lien holders of record, are not ascertainable, notice
mailed to the person in whose name the real estate was
last assessed for taxes, constitutes sufficient notice
under this Section 15-202 .
b. The cost of removal of fill and restoration incurred by
the County shall be recoverable from the owner of such
real estate and shall be a lien against the property.
C. Such lien shall be superior to all other prior existing
liens and encumbrances, except taxes; provided that
within sixty (60) days after such removal of fill or
restoration of the parcel to its natural elevation, the
County Board shall file a notice of lien of such cost
and expense incurred in the office of the County
Recorder.
d. Such notice shall include a sworn statement setting
out:
(1) A description of the real estate sufficient for
identification thereof; and
(2) The amount of money representing the cost and
expense incurred; and
(3) The date on which the cost was incurred.
e. Such lien may be enforced by proceedings of foreclosure
as in the case of mortgages or mechanics ' liens, which
action shall be commenced within three years after the
date of filing of the notice of lien.
f. Upon payment of the costs. and expenses by the owner or
persons interested in the property, the lien shall be
released by the County or the waiver community and the
release may be filed of record.
2 . Each waiver community shall utilize all available means at
law or in equity to enforce the Special Flood Hazard Area
provisions of its applicable ordinance.
Sec. 15-203 . Legal and Equitable Relief .
In the enforcement of this Ordinance or the applicable waiver
community ordinance, the Director or the Administrator shall have
the authority to institute, or cause to be instituted, in the
name of the County or the waiver community, any and all actions,
legal or equitable, including appeals, that are required for the
enforcement of this Ordinance or the applicable waiver community
ordinance.
ARTICLE 14. ENFORCEMENT AND PENALTIES
sec. 15-196 through 15-204 -84-
Approved By County Board 11/12/97 +
Sec. 15-204 . Injunctive Relief.
In circumstances of substantial danger to the' environment, to the
public health and welfare, or to the livelihood of any person,
the Director or the Administrator shall have the authority to
cause to be instituted a civil action for an immediate injunction
to halt any discharge or other activity causing or contributing
to the danger, or to require such other action as may be
necessary.
Sec. 15-205 through 15-225 . Reserved.
ARTICLE 14.
ENFORCEMENT AND PENALTIES
sec. 15-196 through 15-204 -85-
'Approved By County Board 11/12/97
ARTICLE 14. ENFORCEMENT AND PENALTIES
Sec. 15-196 through 15-204 -86-
Approved By County Board 11/12/97
ARTICLE 15. AppEALS.
Sec. 15-226 . Right to Appeal.
1. Any person directly aggrieved by any decision, order,
requirement, or determination of the Director or the
Administrator made pursuant to an interpretation of this
Ordinance or the applicable community ordinance shall have
the right to appeal such action directly to the Committee or
the Oversight Committee; provided, however, that all
decisions made by the Director or the Administrator pursuant
to Article 14 of this Ordinance shall be deemed final and
not appealable, except as otherwise specifically provided in
Subsection 15-196 .2 of Article 14 .
2 . Every applicant for an appeal shall notify the Committee or
the Oversight Committee in writing of the decision being
appealed, which notice shall include a short, plain
statement containing the reasons why the decision is being
appealed and how the applicant has been directly aggrieved
by the action taken.
3 . Upon receipt of such a notice of appeal, the Committee or
the Oversight Committee shall set a date for a
hearing before the Committee or the Oversight Committee•
Such public hearing shall commence not fewer than fourteen
(14) days nor more than thirty (30) days after the date on
which a properly prepared notice of appeal was received.
The applicant shall be promptly notified of the public
hearing date.
4 • A public hearing shall be set, noticed, and conducted by the
Committee in accordance with the provisions of Section 15-
256 of this Ordinance.
5 . The Committee or the Oversight Committee shall decide the
appeal within sixty (60) days after the conclusion of the
public hearing. All decisions on appeals shall be in
writing and shall include a statement of the reasons for the
decision. The failure of the Committee or the Oversight
Committee to act within sixty (60) days shall be deemed to
be a decision denying the appeal .
6 • The applicant may appeal the decision of the Committee to
the County Board by filing a notice thereof in the form
required by Subsection 15-226 .2 of this Ordinance with the
County Board within fourteen (14) days after the date of
decision by the Committee. Failure to properly file such
notice shall render final the decision of the Committee.
1 7 • Within thirty-five
prepared and filed notice of appeal, the CountyfBoard rshall,
ARTICLE 15. AppEALS
Sec. 15-226 -87-
Approved By County Board 11/12/97
without hearing, affirm, reverse, or modify the decision of
the Committee. The failure of the County Board to act
within thirty-five (35) days shall be deemed to be a final
decision of the County Board denying the appeal.
8 . The decision of the County Board shall in all instances be
considered a final decision.
Sec. 15-227 through 15-235. Reserved.
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t
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I
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ARTICLE 15. APPEALS
Sec. 15-226 -88-
Approved By County Board 11/12/97
ARTICLE 16. VARIANCES.
Sec. 15-236. Authority; Applications; Standards.
1 . The County Board in non-waiver communities or the corporate
authorities of the waiver community shall have the authority
to grant variances from the requirements of this Ordinance,
but only in compliance with the procedures set forth in this
Section 15-236 .
2 . The variance procedure is intended to provide a narrowly
circumscribed means by which relief may be granted to' allow
development when the requirements of this Ordinance or the
applicable waiver community ordinance place an undue and
particular hardship on a specific developer.
3 . Variance petitions may be filed either by the owner or by
the developer of land specified in the application.
4 . The petition for a variance shall accompany or follow an
application for a Stormwater Management Permit including all
necessary submittals.
5 . All variance petitions filed pursuant to this Section 15-236
shall be filed with the Director or the Administrator.
6 . All variance petitions filed pursuant to this Section 15-236
shall be on forms supplied by the Director or the
Administrator and shall be filed in such number of duplicate
copies as the Director or the Administrator may designate by
administrative order.
7. Every variance petition filed pursuant to this Section 15-
236 shall provide the following information:
a. The owner' s or developer's signed consent to the filing
of the petition; and
b. The names and addresses of all professional
consultants, if any, advising the petitioner with
respect to the petition; and
C. The name and address and the nature and extent of any
economic or family interest of any officer or employee
of the County in non-waiver communities, or the local
municipality in a waiver community,
the petitioner, or the subject � ' as to: the owner,
and 7 property or development;
d. The addresses and legal description of the subject
property or development; and
ARTICLE 16. VARIANCES
Sec. 15-236 through 15-240 _89-
Approved By County Board 11/12/97
e. The specific feature or features of the proposed
construction or development that require a variance;
and
f . The specific provision of this Ordinance or the waiver
community ordinance from which a variance is sought and
the precise variation therefrom being sought; and
g- A statement of the characteristics of the subject
property or development that prevent compliance with
the provisions of this Ordinance or the waiver
community ordinance; and
h. A statement of the minimum variance of the provisions
of this Ordinance or the waiver community ordinance
that would be necessary to permit the proposed
construction or development; and
i . A statement of how the variance sought satisfies the
standards set forth in Subsection 15-236 . 10 of this
Ordinance.
8 . No public hearing will be scheduled on a variance petition
unless the petition is filed in proper form and number and
contains all required information.
9 . Whenever supplemental data in connection with a previously
filed variance petition is required or offered by the
applicant, it shall be submitted at least five (5) days
prior to the date on which it is to be considered at a
hearing or acted upon in connection with such petition. The
filing of such data shall, in the discretion of the body
hearing the petition, be cause to delay a requested or
scheduled hearing date.
10 . The Committee or the Oversight Committee shall consider, and
the County Board or the corporate authorities of the waiver
community may grant, such petition for a variance only when
it is consistent with the general purpose and intent of this
Ordinance or the waiver community ordinance and when the
development meets the requirements specified in Section 15-
112 of this Ordinance as well as the following conditions :
a. Granting the variance shall not alter the essential
character of the area involved, including existing
stream uses; and
I
b. Carrying out the strict letter of the provisions of
this Ordinance or the waiver community ordinance would
create an undue or particular hardship or difficulty on i
a specific developer or owner; and
C . The relief requested is the minimum necessary and there
are no means other than the requested variance by which
ARTICLE 16. VARIANCES
sec. 15-236 through 15-240 -90-
Anyroved By County Board 11/12/97
the alleged hardship can be avoided or remedied to a
degree sufficient to permit the reasonable continuation
of the development; and
d. The applicants circumstances are unique and do not
represent a general condition or problem; and
e. The subject development is exceptional as compared to
other developments subject to the same provision; and
f. A development proposed for a special management area
could not be constructed if it were limited to areas
outside the special management area.
11. No variance shall be granted for any development in the
regulatory floodway, regulatory wetlands, and critical
wetlands from any provision of this Ordinance or a waiver
community ordinance the effect of which variance would be to
create regulation less restrictive or stringent than federal
and/or state required minimum standards for development in
such areas . Subject to this standard, a variance may be
granted in accordance with this Section 15-236 from
provisions of this Ordinance or a waiver community ordinance
more restrictive or stringent than the federal and/or state
required minimum standards for development in such areas .
12 . When a variance from the requirements of this Ordinance or
the waiver community ordinance would lessen the degree of
protection to a structure, the Director or the Administrator
shall notify the applicant that the variance, if granted,
may result in increased rates for flood insurance.
13 . The Director or the Administrator shall give written notice
of any variance petition, including the date and time of the
public hearing, to the Committee, the $egai-ttitenb�Director,
and all watershed planning area communityes Administrators.
Such notice shall be sent no less than fEeurte
P
one(21) days in advance of the date of the public rhearing
by regular U.S. mail or its equivalent . In addition the
permit application and variance petition includingr all
Permit submittals and support documentation shall be sent to
the Director.
Sec. 15-237. Public Hearing Required.
A public hearing shall be set, noticed, and conducted by the
Committee or the Oversight Committee in accordance with the
provisions of Section 15-256 of this Ordinance .
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Sec . 15-238 . Review and Recommendation.
ARTICLE 16. VARIANCES
Sec. 15-236 through 15-240 -91-
Approved By County Board 11/12/97
1. The Director or the Administrator shall review all requests
or petitions for a variance and shall present written
findings of the review to the Committee or the Oversight
Committee.
2 . Within thirty-five (35) days after the close of the public
hearing, the Committee or the Oversight Committee shall make
a written recommendation to the County Board or the
corporate authorities of the waiver community to grant or
deny the variance petition. The failure of the Committee or
the Oversight Committee to act within thirty-five (35) days
shall be deemed to be a recommendation to deny the
variation.
3 . The written recommendation of the Committee or the Oversight
Committee whether to grant or deny the requested variance
shall be accompanied by written findings of fact specifying
the reasons for the decision, which written findings shall
be distributed to the members of the County Board or the
corporate authorities of the waiver community before the
County Board or the corporate authorities of the waiver
community votes to grant or deny the variance petition.
Sec . 15-239 . Decision.
The County Board or the corporate authorities of the waiver
community shall grant the variation, grant the variation with
modifications or conditions, or deny the variation within forty-
five (45) days after receipt of the recommendation of the
Committee or the Oversight Committee. The failure of the County
Board or the corporate authorities of the waiver community to act
within forty-five (45) days, or such additional time as the
applicant may agree, shall be deemed to be a decision denying the
variation.
Sec. 15-240 . Conditions.
1 . A variance less than or different from that requested may be
granted when the record supports the applicant ' s right to
some relief but not to the relief requested.
2 . The County Board or the corporate authorities of the waiver
community may impose such specific conditions and
limitations concerning any matter relating to the purposes
and objectives of this Ordinance or the waiver community
ordinance on the development benefited-lee of tt a by a
variance as may be necessary or appropriate.
3 . Whenever any variance authorized pursuant to this Ordinance
or the waiver community ordinance is made subject to
conditions and limitations to be met by the developers, the
ARTICLE 16. VARIANCES
Sec. 15-236 through 15-240 -92-
Approved By County Board 11/12/97 4
applicant shall, upon meeting such conditions, file an
affidavit with the Director or the Administrator so stating.
Sec. 15-241 through 15-255 . Reserved.
I
ARTICLE 16. VARIANCES
Sec. 15-236 through 15-240 -93-
Approved By County Board 11/12/97
ARTICLE 17 . MISCELLANEOUS PROVISIONS.
Sec. 15-256 . Public Hearings.
1 . When the provisions of this Ordinance or the waiver
community ordinance require a public hearing in connection
with any application, petition, or appeal, the Committee or
the Oversight Committee shall, upon receipt of a properly
completed application, petition, or notice, fix a reasonable
time and place for such hearing or meeting; provided,
however, that such hearing or meeting shall be commenced no
later than sixty (60) days, and shall be concluded no later
than one hundred twenty (120) days, following the submission
of the subject application, or petition, unless the hearing
or meeting agenda of the body is completely committed during
that time.
2 . All hearings shall be open to the public and shall be held
before the Committee or the Oversight Committee.
3 . The Committee or the Oversight Committee shall cause notice
to be given of public hearings in the form and manner and to
the persons herein specified.
4 . Such notice shall contain a description of the subject
matter to be heard or considered at the hearing, the address
or particular location of the subject development, and the
time, place, and date of the hearing. The notice shall also
contain a reference to the particular sections of this
Ordinance or the waiver community ordinance involved.
5 . Notice of every hearing shall be given by mail or personal
delivery to the applicant or petitioner. Notice by mail
shall be mailed no fewer than fourteen (14) days in advance
of the hearing by regular U.S. mail, except as otherwise
specifically provided in this Ordinance or the waiver
community ordinance.
6 . The Committee or the Oversight Committee shall publish
notice of the public hearing at least once, not less than
fourteen (14) days before the date for the hearing, in a
newspaper of general circulation in the geographic area
where the property that is the subject of the hearing is
located.
7 . Any interested person may appear and testify at a public
hearing, either in person or by a duly authorized agent or `
attorney, and may submit documentary evidence; provided,
however, that the Committee, and the Oversight Committee,
may exclude irrelevant, immaterial, or unduly repetitious
evidence .
ARTICLE 17 . MISCELLANEOUS PROVISIONS
Sec. 15-256 through 15-260 -94-
Approved By County Board 11/12/97 y
8 . Subject to the discretion of the Committee, and the
Oversight Committee, the applicant or petitioner, or any
other party to the hearing, may be allowed any or all of the
following rights :
a. To present witnesses on their behalf.
b- To cross-examine all witnesses testifying in opposition
to the application, petition, or appeal.
C. To examine and reproduce any documents produced at the
hearing.
d. To have subpoenas issued by the body in charge of the
hearing as may be provided by Illinois law for persons
to appear at the hearings and for examination of
documents by the person requesting the subpoena either
before or during the hearing, where such persons or
documents are shown to have a substantial evidentiary
connection with:
(1) The development to which the request applies; or
(2) Facts that would support or negate the legal
standards for granting or denying the request or
appeal .
e . To a continuance, upon request, for the Purpose of
presenting evidence to rebut evidence introduced by any
other person.
In determining whether to grant or withhold such rights, the
discretion of the Committee, and the Oversight Committee,
shall be governed by the goal of securing all information
and opinion relevant and material to its deliberations.
Such rights shall not be granted, however, when undue and
unwarranted delay would result or when to do so would tend
to produce no new evidence to aid the hearing body in
reaching its decision.
9 . The Committee, and the Oversight Committee, ma y at an
time, on its own motion or at the request of an y
person,
adjourn the hearing for a reasonable time and to a fixed
date, time, and place, for the purpose of
notice, taking further evidence giving further
information, deliberating further, or foras such ing
herfreason
as the Committee, and the Oversight Committee, may find
sufficient . Proper notice of such a recess shall be given
to all parties to the hearing, and any other
designated by the Committee, and the Oversight Committee.
10 . All testimony at every hearing shall be given under oath.
ARTICLE 17. MISCELLANEOUS PROVISIONS
Sec. 15-256 through 15-260 -95-
T Approved By County Board 11/12/97
11 . Any person may at any time prior to the commencement of a
hearing hereunder, or during such hearing, or within such
time as may be allowed by the Committee, and the Oversight
Committee, following such hearing, submit written statements
in support of or in opposition to the application, petition,
or appeal being heard.
12 . All other matters pertaining to the conduct of hearings
shall be governed by the provisions of this Ordinance or the
waiver community ordinance pertaining to, and the rules
promulgated by, the Committee or the Oversight Committee.
13 . The record of the public hearing shall include:
a. All notices and responses thereto; and
b. A transcript or notes, if any, of all oral testimony
received, the cost of which transcription shall be the
responsibility of the party requesting that the record
be transcribed, and all written information, if any,
submitted by parties or the public; and
C. Any recommendation or report by the hearing body; and
d. All Department memoranda or data submitted to the
hearing body in connection with its consideration of
the subject matter of the hearing.
14 . The decision or recommendation of the Committee or the
Oversight Committee shall be in writing and shall include
findings of fact specifying the reasons for the decision.
The copy of the written decision shall be provided to the
applicant or petitioner and transmitted to the County Board
or the corporate authorities of a waiver community.
Sec . 15-257 . Severability.
1 . The several provisions of this Ordinance or the waiver
community ordinance shall be severable in accordance with
the following rules:
a. If any court of competent jurisdiction shall adjudge
any provision of this Ordinance or the waiver community
ordinance invalid, such judgment shall not affect any
other provisions of this Ordinance or the waiver
community ordinance.
b. If any court of competent jurisdiction shall adjudge
invalid the application of any provision of this
Ordinance, or the waiver community ordinance, to a
particular parcel of land, a particular structure, or a
particular development, such judgment shall not affect
ARTICLE 17. MISCELLANEOUS PROVISIONS
Sec. 15-256 through 15-260 -96-
/ +w
Approved By County Board 11/12/97
the application of said provisions to any other land,
structure, or development .
2 . All such unaffected provisions of this Ordinance or the
waiver community ordinance shall remain in full force and
effect .
Sec. 15-258 . Most Restrictive Provisions Apply.
The provisions of this Ordinance and all applicable waiver
community ordinances shall be interpreted to be cumulative of,
and to impose limitations in addition to, all other ordinances,
laws, codes, and regulations in existence or which may be passed
governing any subject matter of this Ordinance or the waiver
community ordinances. To the greatest extent possible, the
provisions of this Ordinance and the waiver community ordinances
shall be construed to be consistent with, and not in conflict
with, the provisions of such other ordinances, laws, codes, and
regulations, and with each other, to the *end that all such
provisions may be given their fullest application.
This Ordinance is intended to repeal the original ordinance or
resolution which was adopted to meet the National Flood Insurance
Program regulations, but 'is not intended to repeal any resolution
which the applicable governmental entity passed in order to
establish initial eligibility for the National Flood Insurance
Program.
Sec. 15-259. Amendments.
This Ordinance may be amended in accordance with the adopted
rules of the Committee and the DuPage County Board. Amendments
to this Ordinance shall only take effect after a public hearing
is held before the Committee and the amendment is adopted by the
DuPage County Board.
Sec. 15-260 . Effective Date .
This Ordinance shall take effect for all purposes, and its
effective date shall be, February 15, 1992 .
Sec. 15-261 through 15-265 . Reserved.
ARTICLE 17. MISCELLANEOUS PROVISIONS
Sec. 15-256 through 15-260 -97-