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AGENDA ITEM
Regular Board of Trustees Meeting
of
June 11. 2013
SUBJECT: Revision to Title 9 of the Code: Stormwater, Floodplain, and Sedimentation and
Erosion Control Regulations
FROM: Michael Hullihan, P.E., Village Engineer
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: That the Village Board approve the attached Ordinance
2013- SWM- DU- RR -EX -G -1003 amending Title 9 ( "Stormwater, Floodplain, and
Sedimentation and Erosion Control Regulations ") of the Village Code of the Village of Oak
Brook.
Background/History:
Recently, an update to the DuPage County Countywide Stormwater and Flood Plain Ordinance
( Stormwater Ordinance) was completed and approved by the Stormwater Management
Committee and the County Board, with an effective date of April 23, 2013. The Stonnwater
Ordinance text amendments corrected scriveners errors with the April 24, 2012 Stormwater
Ordinance and otherwise added clarification and addressed organizational and operational issues
left unresolved by the last comprehensive text amendments. The text amendments further
included revisions to the Post Construction Best Management Practices and Wetlands Articles in
order to remain competitive in maintaining/attracting businesses while preserving the high
standard of flood control and environmental protection for County residents.
As a Waiver of County Enforcement Community, our community has adopted the Stormwater
Ordinance and is required to duly adopt a resolution or ordinance of the corporate authorities of
your community that include an adoption of the provisions of this newly revised Ordinance or an
ordinance consistent with, and at least as stringent as, this Ordinance.
Recommendation:
That the Village Board approve the Ordinance.
Title 9 rev Cty 6- 11- 13.docx
Last printed 6/52013 12:33 PM
ORDINANCE 2013- SWM- DU- RR -EX -G -1003
AN ORDINANCE ADOPTING NEW VILLAGE CODE PROVISIONS REGARDING
STORM WATER, FLOODPLAIN, AND SEDIMENTATION AND EROSION CONTROL REGULATIONS
WHEREAS, on April 23, 2013, the County Board of the County of DuPage, Illinois, adopted a
DuPage County Countywide Stormwater and Flood Plain Ordinance imposing new regulations on
stormwater and flood plain management ( "County Ordinance"), and
WHEREAS, in order for the Village to impose its own stormwater and flood plain regulations, the
Village's regulations on stormwater and flood plain management must comply with various requirements
contained in the County Ordinance; and
WHEREAS, the Village's regulations on stormwater and flood plain management are contained in
Title 9 of "Village Code of the Village of Oak Brook, Illinois" ( "Village Code'); and
WHEREAS, the Village Board has determined that it would be in the best interests of the Village
and its residents to amend sections of Title 9 of the Village Code so that it conforms to the requirements of
the County Ordinance,
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of,
this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Repeal and Replacement of Sections of Title 9 of the Village Code. Title 9, entitled,
" Stormwater, Floodplain, and Sedimentation and Erosion Control Regulations," shall be, and is hereby,
amended as specified in Exhibit A attached hereto and incorporated herein.
Section 3: Severability. If any provision of this Ordinance or part thereof is held invalid by a
court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and
effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and
intent of this Ordinance to the greatest extent permitted by applicable law.
Section 4: Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
APPROVED THIS 11t' day of June, 2013.
PASSED THIS 1 fn day of June, 2013.
Ordinance 2013- SWM- DU- RR -EX- 6-1003
An Ordinance Adopting
New Village Code Provisions Regarding
Stonnwater, Floodplain, and Sedimentation and Erosion Control
Page 2 of 2
Gopal G. Lalmalani
Village President
ATTEST:
Charlotte K. Pruss
Village Clerk
EXHIBIT A
#23427511 vl
EXHIBIT A
Section 1: Subsection 9 -1 -8B of the Village Code shall be replaced with the following:
B. The following communities have expressed their intent to choose to be included
within the jurisdiction of the plan and the county ordinance: DuPage County portions
only - Bartlett, Batavia, Bensenville, Bolingbrook, Burr Ridge, Chicago, Elk Grove
Village, Hanover Park, Hinsdale, Lemont, Naperville, Oak Brook, Roselle, Schaumburg,
and Woodridge; and for the entire community of Wayne. The committee shall include
the above listed communities within the scope of its planning and enforcement
jurisdiction.
Section 2: Subsection 9 -2 -1A6 of the Village Code shall be replaced with the following:
6. All references to "he ", "him ", "his ", "she ", and "her" shall be construed as gender
neutral.
Section 3: Subsection 9 -2 -3H of the Village Code shall be replaced with the following:
H. Keeping USACE, OWR and FEMA informed of community waiver and ordinance
status within thirty (30) days after any changes in status; and
Section 4: Section 9 -2-4 of the Village Code shall be replaced with the following:
9 -2-4: DUTIES OF ADMINISTRATOR: The duties and functions of the administrator
shall include:
A. Ensuring that copies of all stormwater related and applicable required federal, state,
and regional permits or county approvals are received before work under a stormwater
management certification begins in those areas of a site under the jurisdiction of those
agencies; and
B. Verifying the existence of floodplains, wetlands and buffers for each application; and
C. Receiving authorization for development in floodplains, wetlands and buffers in
partial waiver communities prior to issuance of a certification; and
D. Reviewing and approving authorizations and issuing any certifications or notices
required by this title; and
E. Notifying the director and owners of adjacent upstream, downstream, and potentially
affected property, affected state and federal agencies, and watershed basin
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communities, and publishing a notice in a local newspaper of any variance requested
from the provisions of this title; and
F. Notifying the director and all affected persons defined in subsection E of this section
of any alteration or relocation of a watercourse including application for a FEMA
CLOMC and LOMC as required; and
G. Providing for inspections of developments as provided in section 9 -2 -10 of this
chapter; and
H. Investigating complaints of violations of this title; and
1. Notifying any applicant for a variance that granting the variance may result in
increased rates for flood insurance; and
J. Notifying the director and other jurisdictions of alleged violations of their certification
or permit programs; and
K. Notifying violators within regulatory floodplains that failure to comply with NFIP
provisions could make them ineligible to receive flood insurance; and
L. Initiating any proceeding necessary to enforce this title; and
M. Encouraging and conducting studies, investigations, and research relating to the
physical, chemical, ecological, engineering, and other aspects of stormwater
management; and
N. Advise, consult and cooperate with other governmental agencies to promote the
purposes of this title; and
O. Maintaining for public inspection copies of all applications and submittals, federal and
state permit documents, variation documentation, FEMA CLOW and LOMC, and all
other documents required pursuant to chapters 4 and 5 of this title; and
P. Sending copies of any application for a FEMA CLOW and LOMC to the director;
and
Q. Reserved; and
R. Sending a copy of any petition or request for a variance from the terms of this title to
the committee before any such variance is approved by the oversight committee; except
in cases where the variance from this still meets or exceeds the requirements of the
DuPage County stormwater ordinance; and
S. Submitting the necessary information to the director relating to development to
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maintain countywide regulatory maps and for supervision of the ordinance. This
includes, but is not limited to, copies of any stormwater management certifications, or
FEMA CLOMC and LOMCs; and
T. Maintaining documentation necessary on "cost of improvement' on buildings in the
floodplain, relating to the substantial improvements or substantial damage requirements
of this title or the NFIP; and
U. Maintaining and making available to applicants a list of all general certifications
adopted within the village.
Section 5: Section 9 -2 -7 of the Village Code shall be repealed and section 9 -2 -8 shall
be renumbered to section 9 -2 -7 and replaced with the following:
9 -2 -7: STORMWATER MANGEMENT CERTIFICATION REVIEW AND COUNTY
AUTHORIZATION:
A. Stormwater Management Certification Review Responsibilities In Partial Waiver
Communities: When a community petitions for and is granted a partial waiver of
enforcement of the county ordinance, such community shall have the authority to review
and approve applications for stormwater management certifications in all areas under its
jurisdiction, provided that:
1. A partial waiver community shall send applications for stormwater management
certifications to the director for review and "authorization" signifying compliance
with the applicable provisions of the county ordinance when a development includes:
sites with wetlands on or within one hundred feet (100) of the development, buffers,
and sites which include regulatory floodplain, with the following exceptions:
a. The administrator in a partial waiver community may determine that a development
site does not contain a wetland, buffer or floodplain. Further, the administrator may also
determine, without obtaining authorization from the director, that a wetland or buffer is
on the development site and that it will not be impacted by the development based on
information submitted by the applicant.
b. The administrator in a partial waiver may review, without submittal to the county,
applications for developments on sites that contain regulatory floodplain /floodway where
no impact to the portion of the site containing regulatory floodplain /floodway is
proposed. The administrator may also review site specific floodplain determinations,
and developments in the floodplains, for drainage areas less than six hundred forty
(640) acres where no floodway has been designated.
2. Those applications for development where the administrator has submitted the
application to the county for authorization may, after the director authorizes the
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application for development, issue the stormwater management certification if the
application meets the requirements of the county ordinance or this title, as applicable.
B. Stormwater Management Certification Review Responsibilities In A Complete
Waiver Community: When a community petitions for and is granted a complete waiver
of enforcement of the county ordinance, such community shall review and certify,
signifying compliance with the county ordinance, all applications for development under
all provisions of the ordinance within the boundaries of its jurisdiction.
C. Stormwater Management Certification Review Responsibilities In A Nonwaiver
Community: When a community does not petition for a waiver of enforcement of the
county ordinance, such community shall have applications reviewed and certified
by the director, signifying compliance with all provisions of the county ordinance within
the boundaries of the community.
D. Stormwater Management Reviews: Overall responsibility for supervision of the
review of all aspects of a stormwater management application under the jurisdiction of
this title rests with the administrator, however the administrator shall ensure that
technical reviews are under the supervision of a professional engineer meeting the
requirements of subsections 9- 17 -6C1 a and C1 b of this title for complete waiver
communities and subsection 9 -17 -6C2b of this title for partial waiver communities. The
administrator will also utilize, as the situation requires, the appropriate experts who must
meet the requirements of subsections 9- 17 -6C1c and C1 of this title for a complete
waiver community or subsection 9 -17 -6C2b of this title for a partial waiver community to
review those aspects of the development lying outside of the professional engineer's
area of expertise in accordance with the following:
1. In a partial waiver community, the professional engineer may utilize a person with
expertise in plant ecology for design review and construction observation of PCBMP
installations which rely upon vegetation for water quality or runoff volume reduction. The
professional engineer may utilize a soil scientist or geotechnical engineer, or other
person with significant applicable soils expertise for PCBMP installations which rely on
infiltration for water quality improvement and volume reduction. The professional
engineer will coordinate review comments on an application with those from the director
on the same development.
2. In a complete waiver community, the reviewing professional engineer shall provide a
written opinion that the proposed development meets the minimum requirements of the
county ordinance. Wetland delineation and other wetland or buffer related aspects
outside the expertise of the professional engineer must be reviewed by an
environmental scientist employed by the community in accordance with subsection 9-
17 -6C1c of this title who shall provide a written opinion on those matters within their
area of expertise that the proposed development meets the minimum requirements of
this title.
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3. In a nonwaiver community, the director, or his designee, will determine the
appropriate individuals to review the application and coordinate review comments.
Section 6: Section 9 -2 -8 shall be added to the Village Code as follows
9 -2 -8: MUNICIPAL ENGINEERS GROUP: A municipal engineers group (MEG) shall be
established whose purpose will be to provide input to the director for representation of
communities on technical matters related to the county ordinance, recommend general
certification topics, review draft ordinance revisions, review draft general certifications,
and discuss permitting issues where a recommendation is requested.
A. The membership of the MEG shall consist of the stormwater administrators, or their
designees, in each of the communities who have opted into the DuPage County
stormwater program. In all matters brought to the MEG for a vote, each community shall
have one vote exercised by the administrator, or their designee.
B. The MEG shall adopt bylaws covering at a minimum what constitutes a quorum and
notice requirements, and meeting schedule.
C. Issues considered by the MEG for a vote shall be listed on the agenda sent out in
advance of the scheduled meeting. The MEG shall meet no less than once per calendar
year.
D. All votes by the MEG are advisory. Summaries of the discussions will be kept of all
meetings.
Section 7: Subsection 9 -3 -1 B1 of the Village Code shall be replaced with the following:
1. Structures and land uses existing as of February 15, 1992, except when
subsequently redeveloped, and except that minimum standards of the NFIP shall apply
to all development; and
Section 8: Subsection 9 -3 -513 of the Village Code shall be replaced with the following:
B. For purposes of this section, changes in flood elevations or changes in discharges,
within the limits of modeling tolerance allowed in this title, shall be deemed acceptable.
Section 9: Subsection 9 -3 -613 of the Village Code shall be replaced with the following:
B. All usable space in new buildings or added to existing buildings, shall be elevated,
floodproofed, or otherwise protected to at least one foot (1') above the design elevation
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to prevent the entry of surface stormwater. The design elevation is the higher elevation
of either chapter 10 of this title or the elevation associated with the design rate as
determined in subsection 9 -9 -3A2 of this title.
Section 10: Section 9 -4-1 of the Village Code shall be amended by modifying the
introductory paragraph and subsections A2 and A3, as follows:
9-4 -1: STORMWATER MANAGEMENT CERTIFICATIONS: Any person proposing a
development shall obtain a stormwater management certification, or the development
must fit all conditions of a general certification (section 9 -4-3 of this chapter), or if
applicable, obtain a letter of permission (section 9 -4-2 of this chapter) unless the
development meets all of the criteria of subsection A of this section or one of the criteria
of subsection B of this section.
A2. The development does not add two thousand five hundred (2,500) square feet or
more of net new impervious area compared to the predevelopment conditions, and
A3. Does not include five thousand (5,000) square feet or more of land disturbing
activities.
Section 11: Section 9-4 -2 of the Village Code shall be amended by modifying the
introductory paragraph and subsections A2, 131, and C as follows:
9-4 -2: LETTERS OF PERMISSION: The administrator, or the director in nonwaiver
communities, shall have the option of issuing a 'letter of permission" in lieu of a
stormwater management certification. A letter of permission may be issued for
developments that can be determined, based on review of the applicants proposed
plans, available documents, site inspection and judgment, to be limited in scope and
complexity and fit the definition, for "minor development'. The applicant may propose
that certain submittal requirements be waived for those developments approved for
processing as a letter of permission, provided that the request is in writing in advance of
the submittal, and the request is approved in writing by the administrator or the director
in a nonwaiver community. The applicant, or if applicable their design professionals,
must affirm that all calculations are in accordance with standard engineering practice
and have been checked for accuracy of calculation and are in compliance with the
requirements of this title. The applicant shall remain responsible for any errors in
calculation or application of engineering methodology.
A2. Routine backup calculations such as time of concentration, runoff curve number,
and storm sewer design calculations;
131. Construction plans complete with all details, including soil erosion and sediment
control plan must be submitted by the applicant.
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C. Decisions made on behalf of the village by the administrator or director with regard to
letters of permission applicability and submittal requirements are by permission to the
applicant.
Section 12: Section 9-4-4 of the Village Code shall be replaced with the following
9-4 -4: DATUM: All topographic maps or exhibits, and record drawings associated to a
project shall be tied to the North American vertical datum of 1988 (NAVD 88) of the
national spatial reference system (NSRS) as maintained by the United States national
geodetic surrey (NGS). A minimum of two (2) vertical geodetic control points shall be
established on or adjacent to the project to tie the elevations of each project to
NAVD88. The methods used by an Illinois professional land surveyor to establish NAVD
88 elevations shall achieve a national NSRS vertical network accuracy of 0.15 of a U.S.
survey foot (5 centimeters) or better to be in compliance with FEMA requirements, as
specified in the FEMA document "Guidelines And Specifications For Flood Hazard
Mapping Partners" dated April 2003. The surveyor shall use one of the following
methods to achieve vertical network accuracy as well as to provide documentation to
substantiate the vertical network accuracy:
A. Establish vertical geodetic control at the site using a combination of GNSS measured
ellipsoid heights and calculated orthometric heights using the most current available
version of a reputable geoid model. Global navigation satellite system (GNSS) derived
ellipsoid heights shall be determined by processing GPS field measurements through
the NGS GPS online positioning system — rapid static service (OPUS -RS). The surveyor
shall provide to the county a copy of the OPUS -RS report.
B. Establish vertical geodetic control at the site by differential leveling surveying using
NGS specifications for third order vertical surveys. All vertical leveling must be
measured relative to at least two (2) NSRS vertical geodetic control monuments of
second order or better accuracy. The surveyor shall provide to the county a list of the
two (2) or more NGS second order vertical geodetic control monuments used during the
leveling survey and a copy of the leveling notes.
Section 13: Section 9-4 -5 of the Village Code shall be replaced with the following:
9-4 -5: REQUIREMENTS FOR APPLICANTS TO USE PROFESSIONAL ENGINEERS
AND SURVEYORS: Calculations for the design of stormwater facilities, determination of
the regulatory floodplain, or calculations of the impact of the development shall be
prepared, signed and sealed by a professional engineer, or professional land surveyor
when they are legally entitled to sign. Structures which are subject to a differential water
pressure head of greater than three feet (T) shall be designed under the supervision of
a licensed structural engineer, who shall sign and seal the design plans and
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calculations. Topographic exhibits and record drawings may alternatively be signed and
sealed by a professional land surveyor.
Section 14: Section 9-4 -9 of the Village Code shall be replaced with the following:
9-4 -9: COMMUNITY DEVELOPMENTS: A community must obtain a permit from IDNR -
OWR, or their designee, prior to issuance of a stormwater management certification for
any community development that falls under the jurisdiction of IDNR -OWR, unless the
development qualifies for and meets the special conditions of an IDNR -OWR general,
regional or statewide permit, then no special approval correspondence from IDNR -OWR
will be required.
Section 15: Section 911 -11 of the Village Code shall be amended by modifying
subsections D1, D2, E1, E2, F, and 1-12c as follows:
D1. Development security in accordance with subsection 9 -6 -1 B of this title is required
for all developments which are not minor developments, and which include construction
of a stormwater facility (chapter 9 of this title), or more than two hundred feet (200') of
storm sewer, or a postconstruction best management practice (chapter 8 of this title)
designed to serve more than one acre of drainage area.
D2. Erosion and sediment control security in accordance with subsection 9 -6 -1 C of this
title is required for and development disturbing more than one acre, or which disturbs
the bed and banks of a channel draining more than one hundred (100) acres, or when
an erosion and sediment control plan is required because of impact to wetlands, buffers
or floodplain.
E1. If the land disturbance is less than one acre and does not disturb the bed and banks
of a channel draining more than one hundred (100) acres, and the development does
not involve impact to buffer, wetland, or floodplain, and is not part of a larger common
plan, then the submittal shall be per subsection 9 -5-413 of this title.
E2. If the land disturbance is one acre or greater or disturbs the bed or banks of a
channel draining more than one hundred (100) acres, or the development includes
impact to buffers, wetlands, or floodplain, then the requirements of subsections 9 -5 -4C
and D of this title shall apply.
F. Postconstruction Best Management Practices: When the impervious coverage of the
development site is increased by two thousand five hundred (2,500) square feet or more
compared to the predevelopment site then PCBMPs designed in accordance with
chapter 8 of this title are required and submittals in accordance with section 9 -5 -3 of this
title are required with the application, unless one of the exceptions or exclusions listed
in section 9 -8 -1 of this title applies.
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H2c. If the development will cause an indirect impact to a wetland, an indirect impact
analysis shall be included in the wetland submittal.
Section 16: Table 1 of Section 911 -12 of the Village Code shall be replaced with the
following:
TABLE 1
SPECIAL CASES OF DEVELOPMENT
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Floodplain /Floodway
Postconstruction
Site Runoff
(Note These
Best Management
Storage
Sections)
Practices
Roadway
9 -10 -2134
9 -8 -1A1 (new) or
Possible site runoff
development
9 -8 -1A2 (existing)
storage (special)
9- 9 -2A4, B
Bridge and culvert
9- 10 -2A2c, A2d;
Exempt 9 -8 -tA2
Exempt 9 -9 -2C1
modification
9- 10 -3A6, D, F
Stream bank
9- 10 -3C2
Exempt 9 -8 -1A4
Exempt 9 -9 -2C2
stabilization
Natural area
Exempt 9 -8 -1A4
Exempt 9 -9 -2C3
restoration
Welland mitigation
9- 10 -3C3
Exempt 9 -8 -1A4
Exempt 9 -9 -2C4
site
Wetland mitigation
9 -10 -3C3
Exempt 9 -8 -1A4
Exempt 9 -9 -2C4
bank
Trail development,
9- 10 -2A2b, A2c
Exempt 9 -8 -1A5
Exempt 9 -9 -2C5
bikeway, pedestrian
(meeting conditions)
(meeting conditions)
walkway
Open space
9- 10 -2A6, 9- 10 -3A5,
9 -8 -1
Only site runoff
development
A9
storage (special)
22,500 sq. ft. net
9 -9 -26
new impervious
Water and sewer
9- 10 -2C2, C3
Exempt 9 -8 -1A7
Exempt 9 -9 -2C6
improvement
development
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Note:
1. Referenced sections of this title apply to the special cases of development.
Section 17: Subsection 9 -4 -13B of the Village Code shall be replaced with the following:
B. All certification review and inspection fees for development in nonwaiver
communities, and in those areas of review undertaken by the county in waiver
communities, shall be payable to the department.
Section 18: Section 9-4 -14 of the Village Code shall be replaced with the following:
RELEASE OF PERFORMANCE SECURITY AND EASEMENTS: The record drawings
requirements of subsection 9 -5 -1 B of this title and the applicable requirements of
section 9 -6 -2 of this title will also be required to be satisfied prior to the release of the
remaining development securities in section 9 -6 -1 of this title.
Section 19: Section 9 -4-15 of the Village Code shall be amended by modifying the
introductory text of section 9-4 -15 and subsection A as follows:
9 -4 -15: DURATION AND REVISION TO CERTIFICATIONS AND AUTHORIZATIONS:
Certifications expire December 31 of the third year from the date of certification or
authorization, whichever is sooner.
A. If the certified activity has been started but is not completed by the expiration date of
the certification, and the certification holder intends to pursue the certified or authorized
activity, then the certification holder must 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 (3) years for certified or
authorized activities, provided the activity is in compliance with the then current
requirements of this title. Expiration dates for certified or authorized activities within
wetlands and buffers may be extended provided that an updated delineation shows no
significant change in wetland boundary or classification.
Section 20: Section 9 -5 -1 of the Village Code shall be amended by adding new
subsection A8 and modifying existing subsections B and C to become B, C and D as
follows:
A8. A statement from the applicant acknowledging that all stormwater submittals shall
be made available for inspection and copying by the county, notwithstanding any
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exemption from inspection and copying for such materials under the Illinois freedom of
information act, upon the written request of either: a) the applicant; b) any subsequent
owner of the subject property; or c) any governmental unit having planning or drainage
jurisdiction within one and one -half (1 1/2) miles of the subject property.
B. Record Drawings: Upon completion of the stormwater facilities, a record drawing
signed and sealed by either a professional engineer or a professional land surveyor
depicting the as constructed size, rim and inverts elevations of pipes, stormwater
structures and culverts, and contours and flood storage volumes of all required basins
of the major stormwater systems and minor stormwater systems.
C. Noting Presence Of On Site Drainage Areas: An informational note acknowledging
the presence of on site wetlands, buffers, floodplains and PCBMPs with drainage areas
one acre or greater, shall be recorded against the title to alert all future owners and shall
reference the stormwater management certification number.
D. Documentation Supporting Certification Compliance: The following items will be
submitted to demonstrate and support that the application for certification is in
compliance with this title. The administrator or director may approve, in writing, an
application without some or all of these items based on the extent and complexity of the
development. All plans and drawings shall be at standard engineering scale.
1. A scaled plan or plans illustrating the major and minor conveyance system, including:
a. Size, type, length and inverts of conveyance structures including drainage pipes,
culverts, manholes, catch basins, inlets, and drain tiles.
2. A scaled exhibit illustrating the impervious area of the site prior to the certification
along with a calculation of the percentage of the site that is impervious.
3. A scaled exhibit illustrating the proposed impervious surfaces of the development.
4. Calculations of the percentage of impervious surfaces after complete construction of
the proposed development.
5. Scaled plans illustrating the location of and details for site runoff storage.
6. Calculations that establish the required site runoff storage volume along with
calculations confirming that the proposed plan achieves either the site runoff storage or
the modified site runoff storage.
7. When site runoff storage special is required, calculations that demonstrate the
specified postdevelopment discharges have not exceeded the predevelopment values.
Page 11 of 29
Section 21: Section 9 -5 -2 of the Village Code shall be amended by modifying
subsections B, C2 and C5b as follows:
B. USACE Jurisdictional Wetland: If a USACE jurisdictional wetland will be impacted, a
copy of a letter of no objection, general, regional, or individual permit shall be provided
prior to issuance of the stormwater management certification, unless the director or
administrator concludes otherwise. In which case, the certification can be conditioned to
state that such work may not commence within or adjacent to the waters of the United
States or wetland until receipt of the necessary USACE authorization.
C2. Statement indicating the date of the wetland boundary verification and OHWM
verification.
C5b. Delineated wetland and waters of DuPage OHWM boundary to a submeter
accuracy or better.
Section 22: Subsection 9 -5 -3C of the Village Code shall be replaced with the following:
C. Supporting calculations documenting compliance with the volume reduction BMP
requirements.
Section 23: Subsection 9 -5 -4D4 of the Village Code shall be replaced with the following:
4. A description of the intended sequence of major activities which disturb soils for
major portions of the site (e.g., clearing, grubbing, excavation, grading) and construction
stabilization schedule.
Section 24: Subsection 9 -6 -1 D4 of the Village Code shall be replaced with the following:
D4. After approval by the director or the administrator, not more than ninety percent
(90 %) of the security provided for in this subsection D, or other applicable provision may
be released. A minimum of ten percent (10 %) of the security shall be retained for the
length of the required monitoring period, which shall not be less than one year from the
completion of the initial restoration or mitigation activities, to ensure the satisfactory
establishment of any vegetated areas required by the certification.
Section 25: Subsections 9 -6 -2A and B of the Village Code shall be replaced with the
following:
9 -6 -2: LONG TERM ACCESS FOR MAINTENANCE AND INSPECTIONS:
A. Access to privately owned land for inspection and maintenance of site runoff storage
facilities, compensatory storage facilities, major stormwater systems, and storm sewers
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covered by the certification shall be through a grant of easement in a form approved by
the director or the administrator. Other instruments may be accepted by the director or
administrator, provided that the access and maintenance rights granted runs with the
land and survives title transfers.
B. Subdivision site runoff storage areas, compensatory storage facilities, major
stormwater systems, and storm sewers not already located in dedicated rights of way or
easements, shall be located either: 1) on a parcel granted or dedicated to, and accepted
by, a public entity; or 2) on a parcel or parcels, conveyed by plat as undivided equal
interests to each lot in the subdivision or otherwise conveyed or dedicated to
conservation or land preservation entities approved by the director or the administrator.
Section 26: Section 9 -7 -2 of the Village Code shall be amended by modifying
subsections E5 intro, E5c, F, G and I as follows:
E5. All undisturbed wetland, floodplain, waters and buffer areas shall, at a minimum,
have a barrier of protection. The barrier shall be placed at the limits of soil disturbance
and consist of:
E5c. Alternative practices offering comparable protection to wetland, floodplain, waters,
and buffer areas may be used to prevent impact where applicable.
F. Disturbed areas with drainage areas of one acre or greater, but fewer than five (5)
acres shall, at a minimum, be protected by a sediment trap or equivalent control
measure at a point down slope of the disturbed area.
G. Disturbed areas with drainage areas of five (5) acres or greater, shall, at a minimum,
be protected by a sediment basin, in accordance with subsection H of this section, with
a perforated filtered riser pipe or equivalent control measure at a point down slope of
the disturbed area.
I. Pumping sediment laden water into any stormwater facility that is not designated to be
a sediment control measure, sediment trap, or sediment basin either directly or
indirectly without filtration is prohibited.
Section 27: Chapter 8 of title 9 of the Village Code shall be replaced with the following:
CHAPTER 8
POSTCONSTRUCTION BEST MANAGEMENT PRACTICES
9 -8 -1: PCBMPS REQUIRED: PCBMPs are required to treat the stormwater runoff for
pollutants of concern and reduce runoff volume for all developments with the exceptions
and exclusions noted below. Upon a documented finding by the director or administrator
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that providing PCBMPs is impractical, then the appropriate PCBMP fee in lieu shall be
paid by the applicant in lieu of providing full or partial PCBMPs.
A. PCBMPs are waived for the following developments:
1. When comparing the impervious area of the predevelopment site to the with -
development impervious area of the same development site, excluding any areas of the
development site for which PCBMPs have already been provided and maintained, and
the net new impervious area is less than two thousand five hundred (2,500) square feet
in the aggregate since April 23, 2013; or
2. The development is limited to the resurfacing of an existing roadway; or
reconstruction of an existing roadway with less than two thousand five hundred (2,500)
square feet of net new impervious area per quarter mile being added compared to the
predevelopment condition; or the replacement of an existing culvert or bridge; or
3. The development is a regional stormwater management development or a flood
control development which are also considered to be PCBMPs; or
4. The development is a stream bank stabilization, natural area restoration, or wetlands
mitigation bank development, or off site wetland mitigation which in itself is considered a
PCBMP: or
5. The development is limited to the construction, or reconstruction, of a pedestrian
walkway /bike path, in which the pedestrian walkway /bike path shall not exceed sixteen
feet (16') in width, including shoulders; and is being constructed for general public use;
or
6. The development is limited to the modification of an existing stormwater management
facility to incorporate best management practices which in itself is considered PCBMPs;
or
7. The development is a water or sewer improvement development; or
8. The development is limited to construction or maintenance of an underground or
overhead utility conduit or line, with supports and appurtenances. This exception does
not include buildings, substations, pads, parking lots or other associated utility support
facilities.
B. The following are prohibited from providing on site infiltration PCBMPs:
1. Fueling and vehicle maintenance areas.
2. Areas within four hundred feet (400') of a known community water system well as
specified, or within one hundred feet (100') of a known private well, for runoff infiltrated
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from commercial, industrial and institutional land uses. The applicant shall use their best
efforts to identify such zones from available information sources, which include the
Illinois state water survey, IEPA, USEPA, DuPage County health department and the
local municipality or water agency.
3. Areas where contaminants of concern, as identified by the USEPA or the IEPA prior
to development, are present in the soil through which infiltration would occur. For sites
with a no further remediation (NFR) letter from the USEPA or IEPA, the applicant shall
determine whether or not structural barriers are part of the mitigation strategy and
account for such measures in the design.
4. Development in soils classified as hydrologic soils group A by the NRCS.
5. Developments over soils with the seasonally high groundwater table within two feet
(2) of the surface.
9 -8 -2: DESIGN CRITERIA:
A. PCBMPs shall provide volume and pollutant control using one of the following
practices:
1. Infiltration of 1.25 inches for all new impervious surfaces; or
2. Native vegetated wetland bottom site runoff storage basin; or
3. PCBMPs not constructed pursuant to subsection Al or A2 of this section shall be
constructed in accordance with subsection C of this section.
B. Design criteria may be taken from the DuPage County ordinance appendix E, 'Water
Quality Best Management Practices Technical Guidance Manual ", or approved
equivalent.
C. If the practices listed under subsection Al or A2 of this section are not utilized, then
volume control and pollutant control shall be provided separately for all new impervious
surfaces in accordance with the following criteria:
1. The required volume control shall be calculated as the product of the new impervious
area and a 1.25 inch rainfall event. No abstractions are taken on the rainfall depth.
2. The volume calculated shall be subtracted from any volume of site runoff storage that
is also required.
3. A control structure or underdrain, may be used provided that the draw down time is
between forty eight (48) and ninety six (96) hours.
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4. When a trench or other excavation is used, the expected void space (typically no
greater than 36 percent) within the uniformly graded stone, sand or aggregate portion of
the fill material may be included in the volume calculation. Silt sized particles (1/16 mm)
or smaller may not be used to complete this calculation. The design shall incorporate
measures to protect the void space from long term deposition of fine sediments. If
testing is completed on samples of the proposed fill material which indicates a higher
level of porosity, the applicant may submit the analysis completed on the material along
with the storage calculations.
5. The bottom /invert of the trench shall be set above the seasonally high water table.
6. Applicants shall identify the pollutants of concern that may be generated by the
proposed development from the following list: total suspended soils (TSS); metals and
oils; and nutrients consisting of nitrogen and phosphorous. Proposed PCBMPs shall
only be required to treat those pollutants identified and agreed to by the director or
administrator.
9 -8 -3: OFF SITE LOCATION: Required PCBMPs for a development may be located off
site as part of a regional stormwater device, practice or system, but must be within the
same major watershed as the development. The six (6) major watershed divisions
within the county are identified in subsection 9 -1 -513 of this title.
Section 28: Subsection 9 -9 -1 E of the Village Code shall be replaced with the following:
E. Maximum flow depths at the crown of a roadway or the edge of pavement at the high
side of a super elevated roadway shall not exceed six inches (6 ") during the base flood
condition. This requirement does not apply to the at -grade repair, resurfacing or in -kind
replacement of a roadway existing prior to the effective date hereof.
Section 29: Section 9 -9 -2 of the Village Code shall be amended by adding subsection
A4 and modifying subsections C5, D3, D6 and D7 as follows:
A4. The development is strictly limited to a roadway development intended for public
use, and the with - development impervious area is less than twenty five thousand
(25,000) square feet compared to predevelopment conditions.
C5. Trails, bikeways and pedestrian walkways that shall not exceed sixteen feet (16') in
width, including shoulders; and are being constructed for general public use; or
D3. The design rainfall depth and duration will be the 100 -year, 24 -hour duration ISWS
bulletin 71 rainfall depth. Sectional statistics and rainfall distributions by Huff appropriate
for a 100 -year, 24 -hour event shall be used unless some other rainfall and distribution is
approved by the administrator.
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D6. For sites five (5) acres or greater, a hydrologic model that produces a runoff
hydrograph shall be utilized, and the runoff hydrograph routed through a basin which
provides sufficient storage such that the combination of control structure and runoff
storage volume limits the discharge to the allowable peak runoff. The calculated volume
is then the required site runoff storage volume. This volume may be reduced by any
volume control BMP (see chapter 8 of this title) volume if such a volume is required, and
is then referred to as the modified required site runoff storage volume.
D7. On development sites that have an existing site runoff storage facility, the volume of
site runoff storage required, for a proposed development shall not be less than the
volume on site predevelopment, regardless of the provisions of this section.
Section 30: Section 9 -9 -3 of the Village Code shall be amended by modifying
subsections A2, B, and C as follows:
A2. An overflow conveyance system shall also be designed to convey a minimum
design rate of one cfs per acre multiplied by the entire upstream drainage area without
damaging any buildings on site with overbank flooding, and shall discharge at the same
location as where water leaves the site predevelopment. This location may be modified
by the administrator. This conveyance shall begin operation at the elevation at which
the site runoff storage volume is met. If one hundred (100) acres or greater drains to the
emergency overflow then the overflow is part of the major drainage system and it also
falls under the provisions of chapter 10 of this title.
B. For locations draining more than five (5) acres, but less than one hundred (100)
acres, the combination of control structure, site runoff storage and overflow conveyance
shall be tested in a with - development hydrologic model and the design shall be further
modified by adding additional site runoff storage, as necessary so that the
predevelopment site 2 -year and 100 -year, 24 -hour duration peak discharges are not
increased compared to the with - development site condition.
C. For site runoff storage facilities with a tributary area one hundred (100) acres or
greater at the control structure, in addition to the above requirements, the combination .
of control structure, site runoff storage and overflow conveyance shall not exceed the
predevelopment site peak discharge in a 2 -year and 100 -year rainfall event of critical
duration up to a 24 -hour duration.
Section 31: Subsection 9- 9 -7C2a of the Village Code shall be replaced with the
following:
C2a. Location of and depth of each slit trench to correspond with the tile investigation
report and surveyed points where the tile was field staked at approximately fifty foot
(50') intervals; and
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Section 32: Section 9 -10 -1 of the Village Code shall be replaced with the following:
9 -10 -1: DETERMINATION OF REGULATORY FLOODPLAIN, BASE FLOOD
ELEVATION (BFE) AND REGULATORY FLOODWAY:
A. The BFE for purposes of establishing the low opening on new construction of
buildings shall be taken from the higher of BFEs established by the current regulatory
profile, or elevations established and published by the director which meet the following
conditions:
1. The director certifies that adequate review and quality control has been performed on
the hydrologic /hydraulic modeling, and BFEs have been established using acceptable
methodology; and
2. The director notifies an affected community within the studied reach and makes
available to that community working input files for the hydrologic /hydraulic model; and
3. The director publishes notice that the model will be used for the purpose of regulating
new building construction.
B. The BFE, for purposes of establishing compensatory storage, will be based on the
current regulatory model as determined in subsection D of this section.
C. If neither elevation identified in this section has been established, then the BFE shall
be determined in accordance with subsection D2 of this section.
D. The regulatory BFE shall be taken as the one percent (I%) chance storm established
from floodplain studies that have been completed and adopted by FEMA as the
regulatory floodplain. When a BFE has not been adopted by FEMA as regulatory, the
following hierarchy of floodplain studies shall be used to determine the BFE:
1. Floodplain studies that have been published by the director in accordance with
subsection A of this section.
2. If no regulatory floodplain study or model published by the director is available and
the development includes a channel with a tributary area one hundred (100) acres or
greater, or a depressional storage area with twenty (20) acres or greater of tributary
area, a site specific floodplain study shall be required and the BFE shall be determined
using FEMA- accepted models and methodology. If the chosen model is not FEQ, the
BFE shall be based on the critical duration.
E. Where a channel has a tributary drainage area equal to or greater than six hundred
forty (640) acres, the site specific floodplain study completed in subsection D2 of this
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section shall be submitted to IDNR -OWR for approval or their designee.
F. The regulatory floodway shall be as delineated on the maps listed in exhibit 2
attached to the ordinance codified herein. Where interpretation is required to determine
the exact location of the regulatory floodway, IDNR -OWR shall be contacted or their
designee.
G. If a floodway is not designated on the maps in exhibit 2 attached to the ordinance
codified herein and the tributary area is one square mile or greater, IDNR -OWR part
3708 rules shall apply. If a floodway is not designated on the maps in exhibit 2 attached
to the ordinance codified herein and the tributary area is less than one square mile, then
the regulatory floodplain shall have no designated floodway.
H. The flood protection elevation (FPE) is the BFE plus one foot (1) of freeboard.
Section 33: Section 9 -10 -2 of the Village Code shall be amended by modifying
subsections A, B3, B4, 137d, 67f, adding 137i, and modifying D1, D2a, and adding D5 as
follows:
A. General Performance Standards:
1. No development activity within the floodplain shall result in an adverse hydraulic
impact to upstream or downstream properties.
2. Proposed developments that meet the following criteria shall be exempt from the
hydrologic and hydraulic modeling requirements set forth in this title:
a. A development that is located in the regulatory floodplain but is located entirely
outside of the regulatory floodway, provided the development meets the compensatory
storage requirements of subsection D of this section.
b. The construction of an at grade pedestrian path located within the regulatory
floodway, provided the proposed development meets the following requirements which
results in a development that does not increase the BFE:
(1) The development must have an at grade intention, with a reasonable balance of cut
and fill at each cross section based on the judgment of the director. Net cut over the
length of the development is acceptable where a balance of cut and fill at every cross
section cannot be achieved.
(2) The maximum width of the proposed path is sixteen feet (16') of traveled lane,
including shoulders.
c. The construction of a public safety feature, such as a pedestrian bridge railing or a
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guardrail for a roadway, provided the proposed construction of a public safety feature
does not result in a loss of ten percent (10 %) or more of the existing conveyance cross
sectional area.
d. Developments replacing culverts with a hydraulically equivalent culvert(s).
3. A CLOMR shall be required for any development that either: a) revises the regulatory
floodway boundary; or b) encroaches upon a floodplain and causes a specified increase
in the BFE, in accordance with FEMA and state regulations.
4. In accordance with NFIP regulations, a building permit shall not be issued for
construction in the SFHA until a LOMR is issued by FEMA unless the building meets the
building protection standards in subsection B of this section. A building permit for a
compliant structure can be issued without a LOMC.
5. A copy of an application for an LOMC to remove a property from the SFHA including
all the required information, calculations, and documents shall be submitted to the
village concurrent with the application to FEMA or IDNR -OWR or its designee.
6. In areas outside the regulatory floodway but within the floodplain, maximum flow
depths on new parking lots that are used for permanent parking shall not exceed one
foot (1') during the base flood condition and shall be designed for protection against
physical flood damages. Parking areas that are used solely for the purpose of overflow,
temporary, or short term parking may allow flood depths greater than one foot (1').
Parking in areas below the base flood elevation shall be clearly posted with flood hazard
signs.
B3. New construction and substantial improvements of nonresidential buildings within a
SFHA shall: a) have the lowest floor elevated to at least the FPE, or b) together with
attendant utility and sanitary facilities be designed so that below the FPE the building is
watertight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. Where a nonresidential structure is intended to be made
watertight below the FPE: a) a registered professional engineer or architect shall
develop and /or review structural design, specifications, and plans for the construction,
and shall certify that the design and methods of construction are in accordance with
accepted standards of practice for meeting the applicable provisions of 44 CFR 60.3
and b) a record of such.certificates which includes the specific elevation (in relation to
sea level) to which such buildings are floodproofed shall be maintained by the official
designated by the community under 44 CFR 59.22.
B4. Manufactured homes that are placed or substantially improved within the SFHA on
sites: a) outside of a manufactured home park or subdivision, b) in a new manufactured
home park or subdivision, c) in an expansion to an existing manufactured home park or
subdivision, or d) an existing manufactured home park or subdivision on which a
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manufactured home has incurred substantial damage as the result of a flood be
elevated on a permanent foundation such that the lowest floor of the manufactured
homes to at least the FPE, be securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement in accordance with the rules
and regulations for the Illinois mobile home tiedown act issued pursuant to 77 Illinois
administrative code 870, provide adequate access and drainage and if pilings are used
for elevation, applicable design and construction standards for pilings shall be met.
137d. When the floor of an accessory structure is below the BFE, the walls of the
accessory structure shall include openings to allow floodwater to enter the structure
from the adjacent grade to the BPE. The location of the openings and the size of each
opening shall be in accordance with FEMA technical bulletin 1.
B7f. The detached garage must be less than fifteen thousand dollars ($15,000) in
market value or replacement cost, whichever is greater, or less than five hundred
seventy six (576) square feet in size.
137i. All construction below the FPE shall be of flood resistant materials.
D1. Any placement of fill, structures, or other materials above grade in the floodplain
shall require compensatory storage equal to at least 1.5 times the volume of floodplain
storage displaced. The storage shall be provided incrementally using one of the
following methods: a) between the 0 - 10 -year and the 10 - 100 -year flood recurrence
intervals; or b) an approved equivalent, at a minimum one to one (1:1) ratio. The
remaining 0.5:1 required storage ratio can be provided at any elevation below the BFE.
Compensatory storage for fill in depressional storage areas shall be provided
nonincrementally at a ratio of one to one (1:1). Grading in wetland, floodplain, or buffer
areas shall be done in such a manner that the effective floodplain storage is maintained
at all times. Compensatory storage is not required for flood protection of existing
buildings for floodplain volume displaced by the building and within the area of ten feet
(10') adjacent to the building.
D2a. The cross sectional floodplain area, as defined by cross sections through the
development site, is not reduced by more than 0.5% at any one cross section; or
D5. Any removal, replacement, or modification of stormwater facilities that has an
adverse 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.
Section 34: Subsection 9- 10 -3C1 of the Village Code shall be replaced with the
following:
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C1. FEQ models that have been submitted to or approved by FEMA or FEQ models that
have been published by the director shall be used. Any other FEQ models considered
for use in the certification of a proposed development is at the discretion of the director.
Section 35: Subsection 9 -11 -1A of the Village Code shall be replaced with the following
A. The following should be completed as part of an on site procedure, unless the
director or administrator concludes otherwise. The decision shall be based on review of
available resources, current or prior site knowledge, a site visit, or staff
recommendations, or the results of subsection 61 of this section. The basis for the
decision shall be documented and placed in the development file.
Section 36: Subsection 9 -11 -2 of the Village Code shall be amended by modifying
subsections C1 intro and C1g as follows:
C1. The administrator shall waive the requirement for completion of an alternatives
analysis or the need to provide wetland mitigation for developments proposing, in the
aggregate, 0.10 acre or less direct impact to wetlands provided:
C1 g. The impact is in line with the basic development purpose
Section 37: Section 9 -11 -3 of the Village Code shall be replaced with the following:
9 -11 -3: INDIRECT IMPACTS TO WETLANDS:
A. The applicant must demonstrate that the development or hydraulic alteration will not
cause an indirect wetland impact unless one of the following exceptions apply:
1. The wetlands occur at or below the OHWM of a waterway on which the hydraulics will
not be changed; or
2. The development is a stream bank stabilization project; or
3. The director or administrator concurs that there is no potential for adverse impact.
B. A development or hydraulic alteration is considered to have an indirect impact if one
of the following limitations are exceeded:
1. An increase or decrease in the high water level of more than three inches (3") in the
2.03 inch, 2.51 inch, and 3.04 inch, 24 -hour rainfall events; or
2. Changes in the wetland's draw down time resulting in an increase or decrease of
greater than forty eight (48) hours from the peak elevation to the normal water level.
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The draw down times must be calculated for the 2.03 inch, 2.51 inch, and 3.04 inch, 24-
hour rainfall event for both the existing and proposed conditions; or
3. An increase in the duration of inundation of more than twenty percent (20 %) from
existing to proposed conditions for the 5.51 and 7.58 inch, 24 -hour rainfall event. A
minimum increase of forty eight (48) hours is allowed for these storm events.
4. The director or administrator can, based on a review of the submitted information,
determine that proposed impacts outside of the above limits will not affect the existing
plant communities, and therefore, would be allowable.
C. Under certain circumstances, the director or administrator, may allow minor
variations to the normal water level if it can be demonstrated by an environmental
scientist to be an ecological benefit to the wetland system.
D. When the dominant plant community or wetland type is known to be sensitive to
relatively small changes in depth and duration of inundation (e.g., sedge meadow,
vernal pool), then the thresholds as outlined in subsection B of this section may be
reduced by the director or administrator.
Section 38: Subsection 9 -11-41- of the Village Code shall be replaced with the following:
L. Applicants shall submit hydrology information for the proposed wetland mitigation
area to demonstrate sustainability using the best available data.
Section 39: Section 9 -12 -1 of the Village Code shall be amended by modifying
subsections B1b and B1c as follows:
B1b. Waters of DuPage which have a drainage area of less than one hundred (100)
acres and no flood study has been performed will have a buffer of fifteen feet (15'), from
the OHWM, except as noted in subsection B2 of this section.
61c. For purposes of regulation under this title, the applicant may choose to accept the
100 -year floodplain limit as the buffer, or he may submit documentation addressing the
buffer functions and request that a narrower buffer limit between the 100 -year floodplain
and one hundred feet (100') from OHWM should be allowed by the administrator or the
director, in accordance with subsection 9 -12 -313 of this chapter.
Section 40: Section 9 -12 -3 of the Village Code shall be amended by adding subsection
A2 and renumbering A3 as follows:
A2. The maintenance activity will result in an enhancement of buffer functions in
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accordance with subsection C of this section.
A3. Maintained lawn or landscape planting beds have limited buffer function and may be
replaced in kind.
Section 41: Subsection 9 -13 -1 B2 of the Village Code shall be replaced with the
following:
B2. Fee in lieu funds collected shall be accounted for in separate development or
watershed planning area accounts. Funds shall be used in the same community or
watershed planning areas as collected to enhance existing site runoff storage facilities
and related components, construct off site facilities and related components, provide
maintenance of stormwater facilities, or undertake other development that provides a
watershed benefit. Funds may not be used to fulfill permit requirements.
Section 42: Section 9 -13 -2 of the Village Code shall be amended by modifying
subsections A, 61, B2, B5, and C as follows:
A. With the approval of the administrator, and provided the conditions of section 9 -8 -1 of
this title apply, the applicant may be allowed or required to pay a PCBMP fee in lieu
payment. Payment into a PCBMP fee in lieu program shall be made prior to the
issuance of a stormwater management certification.
131. PCBMP fee in lieu payment shall be made to the appropriate fee in lieu program. A
PCBMP fee in lieu payment shall be calculated by applying the adopted fee schedule,
attached to the ordinance codified herein as schedule B and by this reference
incorporated into this title, that identifies reasonable and rational cost to construct and
maintain similar PCBMPs for those areas of the development that remain without
effective PCBMP treatment.
B2. PCBMP funds collected shall be separately accounted for in watershed planning
area accounts. Funds shall be used in the same watershed planning areas as collected
solely to design, construct, and maintain water quality or runoff volume reduction
improvements. Funds may not be used to fulfill obligations required by this title.
B5. All PCBMP fee in lieu payments shall be refunded to the person who paid the fee,
or to that person's successor in interest, in accordance with subsection 9 -13 -1 B6 of this
chapter, when the program administrator fails to encumber that development's fees
collected within ten (10) years of the date on which such fees were collected.
C. Development in the village shall participate in the village's PCBMP fee in lieu
program where the corporate authority has adopted a program that is consistent with
subsection B of this section. The village may adopt its own fee schedule and designate
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off site facilities. Funds collected in the village program shall be used within the village,
or within the watershed planning area in which such fee was collected. The village's
accounting records shall be made available to the committee upon request.
Section 43: Subsection 9 -14 -1 D of the Village Code shall be replaced with the following:
D. It shall be unlawful for any person to continue any work on a property after having
been served with a stop work order issued pursuant to section 9 -14 -7 of this chapter,
except such work as that person is directed, or authorized, to perform by the director or
administrator necessary to remove a violation having a temporary impact or to abate an
unsafe condition.
Section 44: Section 9 -14 -5 introductory text of the Village Code shall be replaced with
the following:
9 -14 -5: REQUIREMENTS FOR IMMEDIATE REMEDIAL ACTION: Whenever the
director or administrator determines that a violation has a temporary impact to a
floodplain, wetland, buffer or PCBMP, which may be corrected, abated, or removed, in
whole or in part, or where the adverse effects of the violation can be ameliorated by
immediate action, the director or administrator may authorize the violator, in writing, to
perform remedial action at the violation site without certification.
Section 45: Subsection 9 -14 -813 of the Village Code shall be replaced with the following:
B. For the purposes of this section, the owner, any occupant, the developer, and /or any
contractor doing development work on the land shall be jointly and severally liable for
any violation of this title.
Section 46: Subsection 9 -17 -1 B of the Village Code shall be replaced with the following:
B. Following the effective date hereof and every June 1 thereafter, any community may
request a change in waiver status by providing the committee with written notice of
intent that such community intends to petition for such a change of waiver status. The
committee shall consider any such petition pursuant to the provisions of this chapter
and chapter 4 of this title.
Section 47: Section 9 -17 -2 of the Village Code shall be replaced with the following:
9 -17 -2: FILING AND CONTENTS OF PETITION:
A. A petition to the committee for a partial waiver or a complete waiver of enforcement
of the county ordinance shall be filed by the community with the committee. Each
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petition shall include a duly adopted resolution or ordinance of the corporate authorities
of the community including:
1. Adoption of, or an agreement to adopt the provisions of the county ordinance or an
ordinance consistent with, and at least as stringent as, the plan and the county
ordinance; and
2. A proposed schedule indicating how the minimum criteria of the county ordinance
will be implemented, including proposed staffing; and
3. An agreement to include a provision in any new annexation or pre- annexation
agreement that requires every developer to comply with the stormwater standards as
currently adopted or as amended from time to time with regard to any proposed
development for which a plat of subdivision has not yet been recorded; and
4. An agreement that the community will be bound by the rules and procedures
governing the petition, including, without limitation, the committee's procedures for
reasserting county jurisdiction over stormwater management within waiver community
boundaries; and
5. Documentation indicating the intent and ability to comply with subsection A3 of this
section.
B. Each petition shall specify whether the community seeks a partial waiver or a
complete waiver of enforcement.
Section 48: Section 9 -17 -6 of the Village Code shall be replaced with the following
9 -17 -6: STANDARDS FOR GRANT OF PETITION: The committee shall grant a petition
for waiver of county enforcement of the county ordinance upon finding that:
A. The community's stormwater ordinance is consistent with, and at least as stringent
as, the plan and the county ordinance, as they may be amended from time to time; and
B. The community has complied with the requirements of article 3 and article 17 of the
county ordinance; and
C. By the effective date of the community's stormwater ordinance, the community shall
provide reasonable assurance that it has available and will utilize experts with the
following qualifications:
1. In a complete waiver community:
a. A professional engineer with two (2) years' experience in stormwater and floodplain
management; and
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b. A professional engineer with two (2) years' experience in the application of
continuous hydrology and fully dynamic hydraulic models; and
c. An environmental scientist; and
d. A soil scientist; or
2. In a partial waiver community:
a. A professional engineer with two (2) years' experience in stormwater and floodplain
management; and
b. An environmental engineer or environmental scientist; or a request for assistance
from the director to review for PCBMPs.
Section 49: Section 9 -19 -1 of the Village Code shall be amended by deleting the
following entry from the list:
VCBMP Volume Control Best Management Practice
Section 50: Section 9 -19 -2 of the Village Code shall be amended by modifying the
following definitions:
ALTERNATIVES ANALYSIS: The process of comparing and evaluating two (2) or more
courses of action of the various technical aspects of a development with the intent of
selecting the action that best meets the stated basic development purpose, while
minimizing environmental effects and costs. A practicable alternatives study should
consider possible alternative sites, a reduction in the scale of the development, and
rearrangement of the proposed facilities. This study assesses actions such as fill site
locations, partial and full avoidance of habitats, restoration and enhancement of
habitats, and development economics.
Delete the definition of APPLICABLE ENGINEERING PRACTICE.
AUTHORIZATION: A notice issued by the county to a partial waiver community that
those aspects submitted to the county for review have been found to be in compliance
with this title.
BASE FLOOD ELEVATION (BFE): The height of the base flood in relation to North
American vertical datum of 1988 (NAVD 88). DuPage County has developed
appropriate conversion factors to transform BFE's from NGVD 29 to NAVD88 datum.
DAM: Any obstruction, wall, embankment, or barrier, together with any abutments and
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appurtenant works, constructed to store or direct water or to create a pool (not including
underground water storage tanks).
DEVELOPMENT: Any activity, excavation or fill, alteration, removal of vegetation,
subdivision, change in land use, or practice, undertaken by private or public entities that
affects the discharge of stormwater; or any manmade change to improved or
unimproved real estate, including, but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling operations or storage of
equipment or materials in floodplain, floodway, wetland, waters or buffer areas. The
term "development' does not include maintenance.
FLORISTIC QUALITY INDEX (FQI): A quantitative measure to determine the quality
of a plant community as calculated by the methodology contained in "Plants Of The
Chicago Region" (Swink, F. and G. Wilhelm. The Morton Arboretum, Lisle, Illinois).
IMPERVIOUS AREA: Land cover that is including, but not limited to, nonporous asphalt
or asphalt sealants, nonporous concrete, roofing materials except planted rooftops
designed to reduce runoff, and gravel surfaces used as roadways or parking lots.
Graveled surfaces used for storage of materials may be counted only sixty percent
(60 %) impervious provided aggregate gradation has a high porosity. Ponded water shall
be considered impervious area (at its normal water elevation), but vegetated wetlands
or constructed wetland basins shall not be considered impervious area. The impervious
area of a development site predevelopment is the maximum extent of the impervious
surfaces that existed on the development site at the same time in any of the three (3)
years predating the date of the application.
MAINTENANCE: The selective removal of woody material and accumulated debris
from, or repairs to, a stormwater facility so that such facility will perform the functions for
which it was designed and constructed. Partial reconstruction or any resurfacing of
existing roadways, walkways, trails, and bicycle routes will be considered a form of
maintenance.
MINOR DEVELOPMENT: The following parameters define minor development
A. The area proposed to be disturbed by the development activities can be defined and
limited in the field to three (3) acres or less; and
B. Does not involve any work within a wetland, buffer, or within one hundred feet (100')
of a wetland boundary; and
C. Does not involve any work within a regulatory floodplain; and
D. Does not involve two thousand five hundred (2,500) square feet or more of net new
impervious area. A development may also qualify as minor, with the prior concurrence
of the administrator or director in a nonwaiver community if it exceeds two thousand five
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hundred (2,500) square feet of net new impervious area but does not meet the
thresholds for providing site runoff storage listed in section 9 -9 -2 of this title.
Add the following new definition:
NET NEW IMPERVIOUS AREA: The difference between the impervious areas
associated with an application for stormwater management certification, and the
impervious areas existing on the predevelopment site.
NEW IMPERVIOUS AREAS: Impervious areas constructed under the set of plans
associated with an application for stormwater management certification.
PERFORMANCE STANDARDS: A set of criteria which wetland, buffer, or natural areas
development must meet in order to obtain approval as outlined in a stormwater
management certification.
POSTCONSTRUCTION BMPS: Features or infrastructure permanently installed on site
to treat stormwater runoff for pollutants of concern and to reduce runoff volume,
following construction, for the life of the development.
Delete the definition of PROFESSIONAL ENGINEERING PRACTICE.
Repeal definition of ROADWAY PROJECTS and replace with the following:
ROADWAY DEVELOPMENT: A development on an essentially linear property holding
including easements, not a part of a larger development project involving adjacent land
holdings, and for the purpose of building a new roadway, expanding the impervious
footprint of an existing roadway, or completely reconstructing an existing roadway.
SPECIAL FLOOD HAZARD AREA (SFHA): 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.
WATER AND SEWER IMPROVEMENT DEVELOPMENT: A development to construct,
replace or upgrade infrastructure to meet current [EPA requirements for public water
supply or pollution control (water or sewer system improvements). This definition does
not include buildings, substations, pads, parking lots or other associated utility support
facilities.
WETLAND IMPACT: Development affecting the function of any wetland.
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