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AGENDA ITEM
Regular Board of Trustees Meeting
of
August 12, 2008
SUBJECT: Revision to Title 9 of the Code: Stormwater, Flood Plain, and Sedimentation and
Erosion Control Regulations
FROM: Dale L. Durfey, Jr., P.E., Village Enginee
BUDGET SOURCE/BUDGET IMPACT: N.A.
RECOMMENDED MOTION: That the Village Board approve the attached Ordinance
amending Chapters 2, 5, 6, 7, and 9 of the Village Code of
the Village of Oak Brook.
Background/History:
On March 25, 2008, the DuPage County Board approved certain revisions to the DuPage County
Countywide Stormwater and Flood Plain Ordinance. As a full- waiver community (we enforce
the Storm Water Ordinances instead of DuPage County), Oak Brook enforces the minimum
County standards and our Title 9 Ordinance mirrors the County Ordinance except in those areas
where we are more restrictive. Therefore, it is appropriate to incorporate the recent DuPage
County revisions into our Code.
The revisions address requirements set forth by the USEPA National Pollution Discharge
Elimination System (NPDES) Phase 2 permit issued to DuPage County and to Oak Brook.
These primarily relate to water quality Best Management Practices (BMPs) which are design,
construction and maintenance practices for stormwater facilities than minimize the impact of
stormwater runoff rates and volumes, prevent erosion, and capture pollutants. Proposed
Ordinance Section 9 -5 -3K requires that developments shall treat the developed area for
pollutants from the site in accordance with accepted practices and procedures, examples of which
are in a document entitled "DuPage County Water Quality Best Management Practices Technical
Guidance" dated March 2008 which can be found at www.dupalleco.org /stormwater /.
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Examples of BMPs include:
• Wetland detention basins
• Infiltration swales
• Vegetated buffers
• Silt fencing
• Sediment traps
• Street sweeping
• Commercial grease traps
• Roadway salt alternatives
• Spill prevention plans and /or structures
Exceptions to these requirements are:
1. The parcel being developed totals less than one acre for single or two family uses.
2. The Administrator (Village Engineer) shall consider granting an exception for certain
developments (e.g., reconstruction of an existing parking lot that meets certain
conditions, or a regional stormwater management project).
Single family teardown developments over an acre would need to comply with these proposed
requirements.
Proposed Section 9 -5 -6 permits a fee -in -lieu payment in certain situations at the following rates
(these are the rates within the County Ordinance):
Single or two family residential land uses
$3,000 per acre
Religious institutions defined under Section 15 -40 of the $3,000 per acre
Illinois Property Tax Code and governmental entities, not
to include roadways and parking lots
Multiple family or non - residential land uses $15,000 per acre
Roadway developments $30,000 per acre
Roadway developments include any activity, excavation or fill, alteration, or construction that
affects the discharge of storm water, or any man -made change to real estate that relates to roads
within rights -of -way.
Since each development is unique, it is very difficult to opine on what additional costs each one
would incur. Using the Brittwood Creek Subdivision as an example, there would have been
minimal additional cost, if any, since that development already included wet bottom detention
areas and wetland facilities. For the Deerpath Woods Subdivision on Adams Road, there would
likewise have been minimal additional cost since that also has wet bottom detention basins. For
subdivisions with only turf grass bottom detention basins, additional costs would be incurred to
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effectuate the required settling or trapping of sediments and pollutants (many alternatives are
available as described in the BMP Technical Guidance).
For commercial developments, there are many alternatives available to perform the needed
functions of pollutant removal, such as vegetated filter strips, permeable pavers, or manufactured
separating /settling devices. Again, each site is unique; the additional costs could be minimal or
extensive. A recent example is 1400 Kensington Road that expanded its parking lot and installed
a manufactured separating /settling device BMP at an approximate additional cost of $10,000.
These new water quality requirements were debated for about 2 years at the Municipal
Engineers /Consulting Engineers/DuPage County meetings. As they take effect, discussion will
continue on what practices are taking place, how they work (or don't work), costs, etc.
DuPage County conducted 2 seminars (6/27/08 and 7/11/08) on these proposed changes for the
engineering and planning communities. With the 2 years if discussion and the seminars, the
County has tried to "get the word out" to the development community.
The specific listing of flood maps and profiles in proposed Section 9 -6 -2B4 is a requirement of
FEMA. Oak Brook has been using the 2004 FEMA maps for DuPage County since they became
effective on December 16, 2004 and the 2008 FEMA maps for Cook County take effect on
August 19, 2008 (only a few residential lots within the Forest Glen Subdivision are within Cook
County, none of which are within a floodplain).
The Village Attorney has reviewed and approved the attached Ordinance in this regard.
Recommendation:
That the Village Board approve the Ordinance.
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ORDINANCE 2008- SWM -RR -G -864
AN ORDINANCE AMENDING CHAPTERS 2, 5, 6, 7 AND 9 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 impose higher standards, and
WHEREAS, the Village has from time to time amended its storm water and floodplain regulations
to conform with changes made by the County to the County Ordinance, and
WHEREAS, on March 25, 2008, 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 Tale 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 -2 -2 ( "Definitions ") of Title 9 ( "Storm Water, Floodplain, and
Sedimentation and Erosion Control Regulations ") of the Village Code be amended by deleting the
definitions of "Best Management Practices ", "Environmental Scientist ", "Storm Water Facility', and
"Watershed Benefit ", in their entirety, and replacing such definitions with the following
BEST MANAGEMENT PRACTICES Design, construction, and maintenance practices and
(BMPs) criteria for storm water facilities that minimize the impact
of storm water runoff rates and volume, prevent erosion,
and capture pollutants
ENVIRONMENTAL SCIENTIST A person with a four -year degree in a life science
curriculum in which the emphasis was on ecologic
systems or equivalent education, and four years of
experience Examples of such curricula are ecology,
botany, or biology
Ordinance 2008- SWM -RR -G -864
Amending Chapter 2,5,6,7,9
of Title 9 of the Village Code
Page 2 of 7
STORM WATER FACILITY. All ditches, channels, conduits, bridges, culverts, levees,
ponds, natural and man -made impoundments, wetlands,
wetland buffers, riparian environment, tile, swales,
sewers, BMPs, or other natural or artificial structures or
measures which serve as a means of draining surface
and subsurface water from land
WATERSHED BENEFIT A decrease in flood elevations or flood damages, or an
improvement in water quality, upstream or downstream
of the development site
Section 3 That Section 9 -2 -2 ( "Definitions ") of Title 9 ( "Storm Water, Floodplain, and
Sedimentation and Erosion Control Regulations ") of the Village Code be amended by adding the following
definition in alphabetical order as it would appear therein-
POLLUTANT* Any substance harmful to the environment that is not
authorized for discharge from a storm sewer by an
Illinois Environmental Protection Agency General
NPDES Permit
Section 4 Section 9 -5 -1 ( "General Information ") of Title 9 ( "Storm Water, Floodplain, and
Sedimentation and Erosion Control Regulations ") of the Village Code be amended by deleting Subsection
A in its entirety and replacing it with the following
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 -7 of this chapter), and performance
security (chapter 9 of this title)
Section 5 Section 9 -5 -3 ( "Site Runoff Requirements ") of Title 9 ( "Storm Water, Floodplain, and
Sedimentation and Erosion Control Regulations ") of the Village Code be amended by deleting
Subsections K and L in their entirety and replacing them with Subsections K, L and M as follows
K Developments requiring a Storm Water Management Permit shall treat the developed
area for pollutants from the site in accordance with accepted practices and procedures,
examples of which are in Appendix E of the DuPage County Countywide Stormwater and
Flood Plain Ordinance, Part 1- Technical Guidance, Water Quality Best Management
Practices, with the following exceptions
The parcels being developed total less than one acre for single or two family land
uses
2 The Administrator shall consider granting an exception to this Subsection 9 -5 -3K
for those developments listed in Subsection 9 -5 -1 C2 and 9 -5 -1 C3
L Developments requiring a Storm Water Management Permit shall, to the extent practical,
incorporate the following Best Management Practices into the site design to minimize
increases in runoff rates, volumes, and pollutant loads
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 fifty feet (50')
Ordinance 2008- SWM -RR -G -864
Amending Chapter 2,5,6,7,9
of Title 9 of the Village Code
Page 3 of 7
2 Vegetated swales shall be utilized, where appropriate, as an alternative to storm
sewers to promote the infiltration of storm water and the filtration of storm water
pollutants
3 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
4 Other Best Management Practices such as infiltration basins and trenches (where
permeable soils are present) and filtration basins and sand filters (on highly
impervious or industrial developments) shall be utilized where appropriate
5 The practices and procedures established in the Technical Guidance for the
DuPage County 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
M Developments shall incorporate all Best Management Practices as may be required
pursuant to the United States Clean Water Act, 33 USC Section 1251 et seq , as
amended
Section 6 Section 9 -5 -4 ( "Site Runoff Storage Requirements (Detention) ") of Title 9 ( "Storm
Water, Floodplain, and Sedimentation -and Erosion Control Regulations ") of the Village Code be amended
by deleting Subsections A and B in their entirety and replacing them with the following•
A Maximum site runoff storage requirements shall be consistent with the information,
procedures, and requirements of the applicable sections 9 -5 -9 and 9 -5 -10 of this chapter,
except as limited by the provisions of subsection B of this section
B If no release rate, or a greater release rate than identified below, is specified in the
applicable sections 9 -5 -9 and 9 -5 -10 of this chapter, 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 0 %) per year Design runoff
volumes shall be calculated using continuous simulation or event hydrograph methods
Section 7 Sections 9 -5 -6 through 9 -5 -9 ( "Sediment and Erosion Control Requirements ",
"Standards for Berms ", "Salt Creek Watershed" and "East Branch DuPage River Watershed ") of Title 9
( "Storm Water, Floodplain, and Sedimentation and Erosion Control Regulations ") of the Village Code be
amended by inserting a new Section 9 -5 -6 as follows and re- numbering Sections 9 -5 -6 through 9 -5 -9 to
be 9 -5 -7 through 9 -5 -10
9 -5 -6 Water Quality BMP Fee -In -Lieu Program
A The applicant for single or two family residential land uses that are not specifically
exempted by Section 9 -5 -3K may elect to pay a fee in lieu of providing water quality BMPs
under the following conditions
1 A Storm Water Management Permit is required, and
2 The development is not required to provide site runoff storage (detention) per
Subsection 9 -5 -1 B, and
Ordinance 2008- SWM -RR -G -864
Amending Chapter 2,5,6,7,9
of Title 9 of the Village Code
Page 4 of 7
3 Payment into the Village of Oak Brook's BMP fee -in -lieu program shall be made
prior to the issuance of a Storm Water Management Permit
B The applicant for multiple family or non - residential land uses and roadway developments
may elect to pay a fee in lieu of providing water quality BMPs under the following
conditions
1 A Storm Water Management Permit is required, and
2 The development is not required to provide site runoff storage (detention) per
Subsection 9 -5 -1 B, and
3 The Administrator has determined that it is not practical to install water quality
BMPs, and
4 Payment into the Village of Oak Brook's BMP fee -in -lieu program shall be made
prior to the issuance of a Storm Water Management Permit
C BMP fee -in -lieu payment shall be at the following rates
Single or two family residential land uses $3,000 per acre
Religious institutions defined under Section 15 -40 of the
Illinois Property Tax Code and governmental entities, not
to include roadways and parking lots $3,000 per acre
Multiple family or non - residential land uses $15,000 per acre
Roadway developments $30,000 per acre
D Funds collected shall be used solely to design, construct, and maintain water quality BMP
improvements
E The Finance Director shall provide accounting on an annual basis of all funds deposited
and expensed
F BMP fee -in -lieu payments shall be refunded to the person who paid the fee, or to that
person's successor in interest, whenever the Village fails to encumber the fees collected
within ten (10) years of the date on which such fees are collected Such refunds shall be
made provided that the person who paid the fee, or that person's successor in interest,
files a petition with the Village within one year from the date on which such fees are
required to be encumbered
Section 8 Section 9 -6 -2 ( "Requirements for Regulatory Floodplain and Regulatory Floodway
Determination ") of Title 9 ( "Storm Water, Floodplain, and Sedimentation and Erosion Control
Regulations ") of the Village Code be amended by deleting Subsection B4 and replacing it with the
following
4 Flood Insurance Rate Maps and Flood Insurance Study for the DuPage County portion of
the Village dated December 16, 2004 and the Flood Insurance Rate Maps and Flood
Insurance Study for the Cook County portion of the Village dated August 19, 2008, as
prepared and approved by FEMA These maps and profiles are as follows
Ordinance 2008- SWM -RR -G -864
Amending Chapter 2,5,6,7,9
of Title 9 of the Village Code
Page 5 of 7
Community
Date of
DuPage County
Effective FIS
Number
Effective Map
Map Numbers
Study Date
170214
December 16, 2004
17043CO605H
December 16, 2004
December 16, 2004
17043CO606H
December 16, 2004
December 16, 2004
17043CO607H
December 16, 2004
December 16, 2004
17043CO608H
December 16, 2004
December 16, 2004
17043CO609H
December 16, 2004
December 16, 2004
17043CO903H
December 16, 2004
Community
Date of
Cook County
Effective FIS
Number
Effective Map
Map Numbers
Study Date
170214
August 19, 2008
17031 CO456J
August 19, 2008
Section 9- Section 9 -7 -1 ( "General Requirements ") of Title 9 ( "Storm Water, Floodplain, and
Sedimentation and Erosion Control Regulations ") of the Village Code be amended by deleting Subsection
I in its entirety and replacing it with the following
Any and all proposed development not in a Special Management Area shall be reviewed
under the supervision of a professional engineer with at least two (2) years' experience in
storm water and floodplain management and, where applicable, an environmental
scientist
Section 10 Section 9 -7 -4 ( "Storm Water Submittal ") of Title 9 ( "Storm Water, Floodplain, and
Sedimentation and Erosion Control Regulations ") of the Village Code be amended by adding Subsection
9 -7 -4 B 2 e as follows
e A planting plan for all vegetated areas which shall include
(1) Planting locations, specifications, and methodology, and
(2) A schedule for installation and
(3) Management, monitoring, and maintenance provisions, and
(4) Performance standards, and
(5) An opinion of probable cost
Section 11 Section 9 -7 -4 ( "Storm Water Submittal ") of Title 9 ( "Storm Water, Floodplain, and
Sedimentation and Erosion Control Regulations ") of the Village Code be amended by deleting the
reference to Section 9 -5 -6 in Subsection F and replacing it with Section 9 -5 -7
Section 12 Section ,9 -9 -2 ( "Development Security') of Title 9 ( "Storm Water, Floodplain, and
Sedimentation and Erosion Control Regulations ") of the Village Code be amended by deleting Subsection
A2 in its entirety and replacing it with the following
2 An irrevocable letter of credit, or such other adequate security as the Administrator may
approve, in an amount equal to not less than one hundred ten percent (110 %) of the
estimated probable cost of the following
a Construction of any Storm Water Facilities, including BMPs, and grading of land
required by the Storm Water Management Permit, and
Ordinance 2008- SWM -RR -G -864
Amending Chapter 2,5,6,7,9
of Title 9 of the Village Code
Page 6 of 7
b Installation and maintenance of BMPs required by the Storm Water Management
Permit, and
C Installation and maintenance of any temporary sediment and erosion control
measures required by the Storm Water Management Permit, and
d Installation and maintenance until acceptance by the Village of any permanent
sediment and erosion control measures required by the Storm Water
Management Permit, and
e Providing the necessary record drawings, and
f Providing the necessary engineering and surveying services that are required in
subsections A2a through A2e of this Section,
which estimated probable cost shall be agreed upon by the developer and the
administrator, and
Section 13 Section 9 -9 -2 ( "Development Security') of Title 9 ( "Storm Water, Floodplain, and
Sedimentation and Erosion Control Regulations ") of the Village Code be amended by deleting the word
and number "Five (5)" in Subsection D2 and replacing them with the word and number "Three (3)"
Section 14- 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 15- 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 12th day of August, 2008
John W Craig
Village President
PASSED THIS 12th day of August, 2008
Ayes
Nays
Absent
ATTEST
Charlotte K Pruss
Village Clerk
Ordinance 2008- SWM -RR -G -864
Amending Chapter 2,5,6,7,9
of Title 9 of the Village Code
Page 7 of 7