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G-930 - 07/13/2010 - STORMWATER - OrdinancesORDINANCE 2010- SWM -RR -G -930 AN ORDINANCE AMENDING CHAPTER 5 OF TITLE 9 ( "STORMWATER, FLOODPLAIN AND SEDIMENTATION AND EROSION CONTROL REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK WHEREAS, the Village of Oak Brook is located almost entirely within DuPage County, which adopted a Countywide Stormwater and Floodplain Ordinance, (the "County Ordinance ") on September 24, 1991, in accordance with Illinois Compiled Statutes, Chapter 34, paragraph 5 -1062; and WHEREAS, on February 11, 1992, the Village of Oak Brook passed and approved "An Ordinance Adopting Various Provisions of the DuPage County Countywide Stormwater and Floodplain Ordinance" (Ordinance S -728); and WHEREAS, on March 24, 1992, the County designated the Village of Oak Brook as a complete waiver community for the enforcement of the County Ordinance; and WHEREAS, the Village of Oak Brook, as a complete waiver community, is required to adopt certain standards contained within the current County Ordinance as the minimum standards effective within its territorial jurisdiction although it may impose higher standards; and WHEREAS, the Village has from time to time amended its stormwater and floodplain regulations to conform with changes made by the County to the County Ordinance; and WHEREAS, on March 8, 2005, the DuPage County Board approved certain revisions to the County Ordinance; and WHEREAS, it is in the best interests of the Village of Oak Brook that Title 9 be amended to incorporate the revisions to the County Ordinance as set forth below. 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. Section 2: That Section 9 -5 -1C. ( "General Information ") of Title 9 ( "Stormwater, Floodplain, and Sedimentation and Erosion Control Regulations") of the Village Code be amended with the addition of the following language: 9. The development is greater than one acre and the existing parcel(s) is greater than eighty percent (80 %) impervious on March 8, 2005, in which the following specific requirements are met: a. Where there are no known off -site flooding problems that the development is contributory to, sufficient site runoff storage shall be provided in pervious (vegetative) areas such that the probability of the post development release rate exceeding 0.04 cfs/acre of development shall be less than fifty percent (50 %) per year (2 -yr event), unless the applicant demonstrates to the Administrator why this criteria can't be met and the following specific requirements are met: Ordinance 2010- SWM -RR -G -930 Amending Chapter 5 of Title 9 of the Village Code Page 2 of 3 (1) Where detention storage is provided in impervious areas (i.e. underground tanks, parking lots, etc.) best management practices as described in Section 9 -5 -31L of this Ordinance shall be required and the applicant shall demonstrate that these practices are appropriate and effective for the site conditions. (2) Where the required site runoff storage cannot be provided on -site, the shorted storage shall be provided off -site or by payment into an approved detention variance fee program as determined in Section 9- 5-5 of this Ordinance. b. The required storage in Section 9- 5 -1C9a is required for the total project, regardless of phasing. c. Site runoff storage facilities shall meet the requirements of Section 9 -5-4 of this Ordinance. d. Where there are known off -site flooding problems, the Administrator may require additional site runoff storage, best management practices or other measures to reduce the flood potential. e. The post development site runoff storage shall not be less than the existing site runoff storage. f. There shall be no increase in peak release rates up to and including the one percent probability of occurrence (100 -yr) per year. g. Additions to an existing site that increase the imperviousness above the eighty (80 %) threshold are subject to providing the full storage such that the probability of the release rate exceeding 0.1 cfs/acre of new development is less than one percent (1.0 %) per year, providing the new development is greater than 25,000 square feet. h. Approved Stormwater plans or permits that contain more stringent criteria than Section 9 -5 -1 C9 will apply. Section 3: That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. Section 4: That all ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. APPROVED THIS 1.5 day of July, 2010 PASSED THIS 13"' day of July, 2010. Ayes: Trustees Aktiois, Carson, Mov, Saived. Wolin and Zannis Nays: None Ordinance 2010- SWM -RR-G -930 Amending Chapter 5 of Title 9 of the Village Code Page 3 of 3 Charlotte K. Pruss Village Clerk