G-726 - 07/22/2003 - STORMWATER - OrdinancesORDINANCE 2003- SWM -RR -G -726
AN ORDINANCE AMENDING SECTION 9 -5 -1 ( "GENERAL
INFORMATION ") OF TITLE 9 ( "STORM WATER, 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 Flood Plain 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 Flood Plain 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 imposed higher standards, and
WHEREAS, the Village has from time to time amended its stormwater and flood plain regulations
to conform with changes made by the County to the County Ordinance; and
WHEREAS, on December 10, 2002, the Village of Oak Brook passed and approved a
comprehensive amendment to its stormwater and floodplain regulations entitled "An Ordinance Amending
Title 9, Stormwater Management, of the Village Code of the Village of Oak Brook Relating to Stormwater,
Flood Plain, Sedimentation and Erosion Control Regulations" (Ord G -709), and
WHEREAS, the DuPage County Board has recently approved certain revisions to the DuPage
County Countywide Stormwater Flood Plain 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 DuPage County Countywide Stormwater Flood Plain Ordinance, stated
below, by amending Section 9 -5 -1 of the Village Code 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 -1 ( "General Information ") of Title 9 ( "Storm Water Floodplain, and
Sedimentation and Erosion Control Regulations ") be amended to read as follows-
Ordinance 2003- SWM -RR -G- 726
Amending Section 9 -5 -1 of the
Village Code Page 2 of 4
9 -5 -1: GENERAL INFORMATION,
A All developments shall meet the requirements specified for general storm water and
floodplain development (Section 9 -5 -2 of this chapter), site runoff (Section 9 -5 -3 of this
chapter), sediment and erosion control (Section 9 -5 -6 of this chapter), and performance
security (Chapter 9 of this title)
B. All developments, with consideration given to those developments noted in Section 9 -5-
1 C of this chapter, shall comply with the site runoff storage requirements provided in
section 9 -5 -4 of this chapter in which:
1 The parcels being developed total three (3) acres or greater for single - family or two
family residential subdivision land uses, or
2. The parcels being developed total one acre or greater for multiple - family (more than 2
dwelling units) or nonresidential land uses; or
3 The parcels being developed total one acre or greater for multiple - family (more than 2
dwelling units) or nonresidential developments and the new development totals either
individually or in the aggregate after February 15, 1992, to more than twenty five thousand
(25,000) square feet, or
4 The parcels being developed total one acre or greater for road developments in rights
of way under the ownership or control of a unit of government
C. The Administrator shall consider granting an exception to Section 9 -5 -1 B of this chapter
for those developments listed below, if specific requirements are met for such
development as listed or required by the Administrator:
1 The development is strictly limited to the grading of pervious area, in which the
following specific requirements are met,
a The Applicant must demonstrate to the administrator's satisfaction that for all
storm events, up to and including the critical duration 100 -year event, the grading
activity does not.
(1) Result in an increase in runoff volume, and,
(2) Result in an increase in peak release rate; and
(3) Result in a time decrease associated with the time of concentration, and,
(4) Contribute to adjacent flood problems, and,
(5) Alter the direction of runoff
2 The development is strictly limited to the reconstruction of an existing parking lot in
which the following specific requirements are met.
a The Applicant must demonstrate that the reconstruction will remain in the same
foot print as the existing parking lot, and,
b The Applicant must demonstrate to the administrator's satisfaction that for all
storm events, up to and including the critical duration 100 -year event, the
development activity does not
(1) Result in an increase in runoff volume, and
(2) Result in an increase in peak release rate, and
(3) Result in a time decrease associated with the time of concentration, and,
(4) Contribute to adjacent flood problems; and,
(5) Alter the direction of runoff
Ordinance 2003- SWM -RR -G- 7 2 6
Amending Section 9 -5 -1 of the
Village Code Page 3 of 4
3. The development is strictly a Regional Stormwater Management Project or a Flood
Control project in substantial compliance with either a watershed plan or other said study
as reviewed and approved by the DuPage County Stormwater Management Committee
4 The development is strictly a Stream Bank Stabilization project
5 The development is strictly limited to the construction, or re- construction, of a
pedestrian walkway /bike path, in which the following specific requirements are met
a. The pedestrian walkway /bike path shall not exceed twelve (12) feet in width, and,
b. The pedestrian walkway /bike path must be constructed by a government agency
(e g DuPage County regional trial system, municipal sidewalk program, etc )
c The pedestrian walkway /bike path shall not be constructed in such a manner as
to violate Section 9 -5 -2 of this chapter.
6 The development is strictly limited to the creation of a DuPage County recognized
wetland bank and /or wetland mitigation site
7 The development is strictly limited to the modification of an existing stormwater
management facility to incorporate Best Management Practices
8. The development is strictly limited to the construction of a single - family residential
structure on a parcel of land greater than three (3) acres.
D Developments shall also meet the more specific requirements of applicable adopted
watershed plans or adopted interim watershed plans, set forth in Sections 9 -5 -8 and 9 -5 -9
of this chapter.
E All development within special management areas, and substantial improvements within a
floodplain, shall also satisfy the requirements specified in Chapter 6 of this title.
F All developers shall submit the documents specified in Chapter 7 of this title to verify
compliance with these requirements.
G Facilities constructed under the provisions of this title shall be maintained in perpetuity
(long term maintenance) according to the criteria and guidelines established in the plan
Maintenance is the responsibility of the owner of the land on which the storm water
facilities are constructed unless the responsibility is assigned, pursuant to section 9 -9 -4 of
this title, to an entity acceptable to the village of Oak Brook. (Ord G -709, 12 -10 -2002)
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 22nd day of July , 2003
Ayes Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf
Nays None
Absent None
Abstain None
APPROVED THIS 22nd day of July 2003.
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Approved as to Form.
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Village Attorney
W ORDDOUG- ORDS /Stormwater 7 -22
Ordinance 2003- SWM -RR -G -726
Amending Section 9 -5 -1 of the
Village Code Page 4 of 4
Viflas(e President
Published 7 -23 -2003 Pamphlet form
Date Paper
Not Published