G-1149 - 06/11/2019 - VILLAGE CODE - Ordinances Supporting DocumentsREG BOT 061119 Agenda Item 6.E.4 -CSFO.docx
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ITEM 6.E.4
BOARD OF TRUSTEES MEETING
SAMUEL E. DEAN BOARD ROOM
BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630‐368‐5000
AGENDA ITEM
of
June 11, 2019
SUBJECT: Revisions to Title 9 of the Village Code: Stormwater, Floodplain, and
Sedimentation and Erosion Control Regulations
FROM: Tony Budzikowski, AICP, Development Services Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve the attached Ordinance 2019-
SWM-DU-RR-EX-G-1149 amending Title 9 (“Stormwater, Floodplain, and
Sedimentation and Erosion Control Regulations”) of the Village Code of the Village
of Oak Brook.
Background/ History:
The DuPage County Board has recently updated and adopted the Countywide Stormwater
and Floodplain Ordinance (“Ordinance”) as of May 14, 2019. The updates to the
Ordinance were recommended by the DuPage County Stormwater Committee after review
by other municipal agencies and the proper public hearings. The recent Stormwater
Ordinance revisions primarily include the adoption of new floodplain maps and revisions
to the wetland sections of the code, both of which have been reviewed by the Municipal
Engineer’s Group. A red line version of the Ordinance identifying these changes has been
provided for reference purposes. The last amendments to this Ordinance were completed
in April 2013 and became effective on April 23, 2013.
As a Complete Waiver Community, Oak Brook has adopted the Stormwater Ordinance and
is required to adopt an Ordinance that includes the provisions of this newly revised
Stormwater Ordinance or an Ordinance consistent with, and at least as stringent as, this
Ordinance. In addition, because Oak Brook participates in the National Flood Insurance
Program (NFIP), the new Flood Insurance Rate Maps and Flood Insurance Study must be
formally adopted in our Ordinance before the maps become effective. If the Village fails
to update our Ordinance prior to August 1, 2019, Oak Brook will be suspended from the
REG BOT 061119 Agenda Item 6.E.4 -CSFO.docx
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NFIP. This could eventually result in property owners having to seek high-priced, hard-
to-get private flood insurance.
Recommendation:
Approve Ordinance G-1149.
ORDINANCE 2019-SWM-DU-RR-EX-G-1149
AN ORDINANCE ADOPTING NEW VILLAGE CODE PROVISIONS REGARDING
STORMWATER, FLOODPLAIN, AND SEDIMENTATION AND EROSION CONTROL REGULATIONS
OF THE VILLAGE OF OAK BROOK
WHEREAS, the Village of Oak Brook, Illinois ("Village") is located almost entirely within DuPage
County, which adopted a Countywide Stormwater and Flood Plain Ordinance, (“County Ordinance”) on
September 24, 1991, in accordance with Illinois Compiled Statutes, Chapter 34, paragraph 5-1062; and
WHEREAS, on May 14, 2019, the County Board of the County of DuPage, Illinois, adopted a
County Ordinance imposing regulations on stormwater and flood plain management; and
WHEREAS, in order for the Village to impose its own stormwater and floodplain regulations, the
Village’s regulations on stormwater and floodplain management must comply with various requirements
contained in the County Ordinance; and
WHEREAS, the Village’s regulations on stormwater and floodplain management are contained in
Title 9 of the 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; and
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows:
Section 1. Recitals. The foregoing recitals are hereby incorporated into, and made part of, this
Ordinance as the findings of the President and Board of Trustee 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 section, paragraph, clause or provision of this Ordinance shall be held
invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance.
Section 5. 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]
Ordinance 2019-SWM-DU-RR-EX-G-1149
An Ordinance Adopting
Village Code Provisions Regarding
Stormwater, Floodplain, and Sedimentation and Erosion Control
Page 2 of 3
APPROVED THIS 11th day of June, 2019.
Gopal G. Lalmalani
Village President
PASSED THIS 11th day of June, 2019.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2019-SWM-DU-RR-EX-G-1149
An Ordinance Adopting
Village Code Provisions Regarding
Stormwater, Floodplain, and Sedimentation and Erosion Control
Page 3 of 3
EXHIBIT A
Stormwater, Floodplain, and Sedimentation and Erosion Control Regulations
[attached]
i
--------------------------------------------------------------------------------------------------------------------------
DuPage County
Countywide Stormwater
And Flood Plain Ordinance
--------------------------------------------------------------------------------------------------------------------------
Adopted by the County Board of the County of
DuPage, Illinois on the 24th day of September
1991.
Revised by the County Board on the 14th day of
June 1994. Revisions effective the 1st day of
September 1994.
Revised by the County Board on the 23rd day of
April 1996. Revisions effective the 23rd day of
April 1996.
Revised by the County Board on the 12th day of
November 1997. Revisions effective the 1st day
of February 1998.
Revised by County Board on the 22nd day of
June 1999. Revisions effective the 1st day of
September 1999.
Revised by the County Board on the 13th day of
June 2000. Revisions effective the 13th day of
June 2000.
Revised by the County Board on the 25th day of
March 2003. Revisions effective the 25th day of
March 2003.
Revised by the County Board on the 27th day of
January 2004. Revisions effective the 27th day
of January 2004.
Revised by the County Board on the 8th day of
June 2004. Revisions effective the 1st day of
July 2004.
Revised by the County Board on the 8th day of
March 2005. Revisions effective the 8th day of
March 2005.
Revised by the County Board on the 28th day of
February 2006. Revisions effective the 28th day
of February 2006.
ii
Revised by the County Board on the 25th day of
March 2008. Revisions effective the 1st day of
August 2008.
Revised by the County Board on the 24th day of
April 2012. Revisions effective the 25th day of
April 2012.
Revised by the County Board on the 23rd day of
April 2013. Revisions effective the 23rd day of
April 2013.
Revised by the County Board on the 1214th
day of Marchy 2019. Revisions effective the
1214th day of Marchy 2019.
iii
COUNTY OF DUPAGE,
ILLINOIS
COUNTYWIDE STORMWATER
AND FLOOD PLAIN ORDINANCE
Adopted As Appendix F
To The DuPage County Stormwater Management Plan
iv
Table of Contents
ARTICLE I. AUTHORITY AND PURPOSE ................................................................................................... 1
ARTICLE II. ADMINISTRATION ................................................................................................................. 6
ARTICLE III. GENERAL PROVISIONS ........................................................................................................ 13
ARTICLE IV. STORMWATER MANAGEMENT CERTIFICATIONS ............................................................... 17
ARTICLE V. CERTIFICATION SUBMITTALS .............................................................................................. 27
ARTICLE VI. PERFORMANCE SECURITY and EASEMENTS ....................................................................... 34
ARTICLE VII. SOIL EROSION AND SEDIMENT CONTROL REQUIREMENTS ................................................ 41
ARTICLE VIII. POST CONSTRUCTION BEST MANAGEMENT PRACTICES .................................................... 45
ARTICLE IX. SITE RUNOFF CONVEYANCE, STORAGE & FIELD TILES ........................................................ 48
ARTICLE X. FLOOD PLAIN MANAGEMENT ............................................................................................. 54
ARTICLE XI. WETLANDS .......................................................................................................................... 63
ARTICLE XII. BUFFERS .............................................................................................................................. 71
ARTICLE XIII. FEE-IN-LIEU PROGRAMS ...................................................................................................... 74
ARTICLE XIV. PROHIBITED ACTS/ENFORCEMENT/PENALTIES .................................................................. 77
ARTICLE XV. APPEALS .............................................................................................................................. 84
ARTICLE XVI. VARIANCES .......................................................................................................................... 86
ARTICLE XVII. WAIVER COMMUNITIES ...................................................................................................... 90
ARTICLE XVIII. MISCELLANEOUS PROVISIONS ............................................................................................ 95
APPENDIX A – ACRONYMS, INITIALISMS AND DEFINITIONS ....................................................................... 99
APPENDIX B– PERFORMANCE STANDARDS………………………………………………………………………………………….113
APPENDIX C– CERTIFICATION FLOW CHARTS……………………………………………………………………………………….114
EXHIBIT 1 WATERSHED PLANNING AREA MAP...….....................................................................119
EXHIBIT 2 LIST OF DESIGNATED FLOODWAY/FLOOD PLAIN MAPS ……………………………………………….120
SCHEDULE A PERMIT FEE
SCHEDULE ....................................................................................................156149
SCHEDULE B SITE RUNOFF STORAGE VARIANCE AND BMP FEE-IN-LIEU
SCHEDULE.............................157150
Article I. Authority and Purpose
Sections 15-1 through 15-10 Page 1 of 157
ARTICLE I. AUTHORITY AND PURPOSE
15-1. Statutory Authority
15-1.A This Ordinance shall be known, and may be cited, as the DuPage
County Countywide Stormwater and Flood Plain Ordinance.
15-1.B The DuPage County Stormwater Management Planning Committee
(the "Committee") and the DuPage County Board promulgate this
Ordinance pursuant to their authority to adopt ordinances regulating
Flood Plain management and governing the location, width, course,
and release rate of all stormwater runoff Channels, streams, and basins
in DuPage County, in accordance with the adopted DuPage County
Stormwater Management Plan (the "Plan"). The statutory authority for
this Ordinance is contained in 55 ILCS 5/ ¶¶ 5-1041, 5-1042, 5-1049, 5-
1062, 5-1063, 5-1104, 5-12003, and 5-15001 et seq.; and 415 ILCS
5/43, and other applicable authority, all as amended from time to time.
15-1.C As applicable, the municipalities within DuPage County promulgate and
enforce this and other relevant Stormwater Management Ordinances
pursuant to 65 ILCS 5/1-2-1, 5/11-12-12, 11-30-2, 11-30-8, and 5/11-
31-2.
15-2. DuPage County Stormwater Management Plan. The Plan was recommended
by the Committee and adopted by the DuPage County Board, after review by
the appropriate agencies and public hearing, as Ordinance No. OSM-0001-89.
The Plan is available for public inspection in the office of the DuPage County
Clerk.
15-3. Findings. The Committee and the DuPage County Board hereby find that:
15-3.A Inappropriate use of the Flood Plain and Development have increased
Flood risk, Flood damage, and environmental degradation; and
15-3.B It is necessary to consider stormwater management on a Watershed
basis; and
15-3.C DuPage County drains poorly because of flat topography and soils of
low permeability; and
15-3.D The costs of increasing Channel capacity are prohibitive; and
15-3.E Many land development practices upset the natural hydrologic balance
of DuPage County streams; and
15-3.F Most Flood damage occurs to Structures developed adjacent to
streams in the Flood Plain or Floodway; and
15-3.G Wetlands represent a significant portion of the natural Watershed
storage in DuPage County, and Wetlands play an essential role in
Flood storage, conveyance, sediment control, and water quality
enhancement; and
15-3.H Many stormwater management facilities are not adequately maintained;
and
15-3.I The authority for control of Stormwater Facilities is widely distributed
to many entities in DuPage County; and
15-3.J There are many strong local stormwater management programs; and
Article I. Authority and Purpose
Sections 15-1 through 15-10 Page 2 of 157
15-3.K Inconsistent enforcement of stormwater regulations contributes to the
extent and severity of Flood damage.
15-4. Purposes of this Ordinance
15-4.A The principal purpose of this Ordinance is to promote effective,
equitable, acceptable, and legal stormwater management measures.
Other purposes of this Ordinance include:
15-4.A.1 Managing and mitigating the effects of urbanization on
stormwater drainage throughout DuPage County; and
15-4.A.2 Reducing the existing potential for stormwater damage to
public health, safety, life, and property; and
15-4.A.3 Protecting human life and health from the hazards of
Flooding and degradation of water quality; and
15-4.A.4 Protecting and enhancing the quality, quantity, and
availability of surface and groundwater resources; and
15-4.A.5 Preserving and enhancing existing Wetlands, Buffers
and aquatic environments, and encouraging restoration of
degraded areas; and
15-4.A.6 Controlling sediment and erosion in and from
Stormwater Facilities, Developments, and construction sites;
and
15-4.A.7 Preventing the further degradation of the quality of
ground and surface waters; and
15-4.A.8 Requiring appropriate and adequate provision for site
runoff control, especially when the land is developed for human
activity; and
15-4.A.9 Requiring the design and evaluation of each site runoff
control plan consistent with Watershed capacities; and
15-4.A.10 Encouraging the use of stormwater storage in preference
to stormwater conveyance; and
15-4.A.11 Lessening the taxpayers' burden for Flood-related
disasters, repairs to Flood-damaged public facilities and utilities,
and Flood rescue and relief operations; and
15-4.A.12 Meeting the Illinois Department of Natural Resources,
Office of Water Resources' Floodway permitting requirements
delineated in 615 ILCS 5/18g ("An Act in Relation to the
Regulation of the Rivers, Lakes and Streams of the State of
Illinois"), as amended from time to time; and
15-4.A.13 Making federally subsidized Flood insurance available to
individual communities and for property throughout the County;
and
15-4.A.14 Complying with the rules and regulations of the National
Flood Insurance Program codified in Title 44 of the Code of
Federal Regulations; and
15-4.A.15 Encouraging cooperation between the County,
communities, and other governmental entities with respect to
Flood Plain and stormwater management; and
Article I. Authority and Purpose
Sections 15-1 through 15-10 Page 3 of 157
15-4.A.16 Requiring cooperation and consistency in stormwater
management activities within and between the units of
government having stormwater management jurisdiction; and
15-4.A.17 Restricting future Development in the Flood Plain to
facilities that will not adversely affect the Flood Plain
environments or adversely affect the potential for Flood
damage; and
15-4.A.18 Incorporating water quality and habitat protection
measures in all stormwater management activities within
DuPage County; and
15-4.A.19 Requiring regular, planned Maintenance of stormwater
management facilities; and
15-4.A.20 Encouraging control of stormwater quantity and quality at
the most site-specific or local level; and
15-4.A.21 Allowing the use of simple technologies whenever
appropriate and realistic, but requiring the use of more
sophisticated techniques when necessary to ensure the
adequacy of stormwater controls; and
15-4.A.22 Providing a procedure by which communities throughout
the County may petition the Committee to implement and
enforce the provisions of this Ordinance or an ordinance
consistent with, and at least as stringent as, this Ordinance; and
15-4.A.23 Requiring strict compliance with and enforcement of this
Ordinance.
15-4.B The purposes of this Ordinance are consistent with the Plan.
15-4.C The purposes of this Ordinance will be implemented by its provisions.
15-5. Reference to Watershed Plans
15-5.A This Ordinance recognizes the integrated nature of the Watershed
system and the need to study certain Flood control alternatives and
other stormwater management functions on a Watershed-wide basis.
15-5.B The following six major Watershed divisions, shown on Exhibit 1, are
identified for detailed Watershed studies:
15-5.B.1 Salt Creek Watershed; and
15-5.B.2 East Branch DuPage River Watershed; and
15-5.B.3 West Branch DuPage River Watershed; and
15-5.B.4 Sawmill Creek Watershed; and
15-5.B.5 Des Plaines River Tributaries Watershed; and
15-5.B.6 Fox River Tributaries Watershed.
15-5.C Watershed Plans or Interim Watershed Plans shall be prepared and
periodically updated for these six major Watersheds, to identify
stormwater management projects and establish criteria for
Development. Interim Watershed Plans may also be developed for
sub-watersheds of the six major Watersheds for purposes of
addressing Flood Mitigation or water quality. With respect to this
Ordinance, Developments identified in Watershed Plans, Interim
Watershed Plans, or other studies approved by the Committee and
adopted by the County Board, shall be considered certifiable provided
Article I. Authority and Purpose
Sections 15-1 through 15-10 Page 4 of 157
that and to the extent that the plan or study addressed Certification
issues.
15-5.D Adopted Watershed Plans or Interim Watershed Plans which contain
more specific criteria than the criteria established for Countywide
application in this Ordinance shall govern over Countywide criteria.
Such Watershed Plans, upon their completion, approval, and proper
adoption, are hereby incorporated into this Ordinance without further act
of the DuPage County Board.
15-5.E Watershed specific criteria established in such Watershed Plans or
Interim Watershed Plans shall be set forth as a schedule to this
Ordinance.
15-5.F The Countywide requirements of this Ordinance shall apply in all
Watersheds unless superseded by more specific Watershed
Certification criteria.
15-6. Waiver Community Enforcement – Authority. Pursuant to the authority
established in 55 ILCS 5/5-1062, the provisions of this Ordinance, either in part
or as a whole, shall not be enforced by the County in any Community located
wholly or partly within the County on petition of such Community and after a
finding of the Committee that such Community has a duly adopted
stormwater management ordinance consistent with, and at least as stringent
as, the Plan and this Ordinance, as they may be amended from time to time,
or that such Community has duly adopted the provisions of this Ordinance.
15-7. Authority for Committee Action in a Waiver Community-Complaints
15-7.A The Committee may, at its discretion, direct the Department to
investigate substantive complaints concerning the failure of a Waiver
Community to implement or enforce its Waiver Community
Ordinance.
15-7.B If, after investigation and hearing pursuant to the provisions of Sections
15-132 to 15-138, the Committee determines that such Waiver
Community has failed in some significant way, or has repeatedly failed,
to implement or enforce its Waiver Community Ordinance, then the
Committee may revoke any previously granted Partial Waiver or
Complete Waiver, and the provisions of this Ordinance shall have full
force and effect and shall be enforced within the boundaries of such
Waiver Community by the County.
15-8. Authority and Choice of Planning Jurisdiction
15-8.A Pursuant to the authority granted by 55 ILCS 5/ 5-1062(b), as amended,
a Community that is located in more than one county has chosen, at
the time of formation of the Stormwater Management Planning
Committee, and based on Watershed boundaries, to participate in the
stormwater management planning program of either or both of the
counties.
15-8.B The following communities have expressed their intent to choose to be
included within the jurisdiction of the Plan and this Ordinance: DuPage
County portions only - Bartlett, Batavia, Bensenville, Bolingbrook, Burr
Ridge, Chicago, Elk Grove Village, Hanover Park, Hinsdale, Lemont,
Article I. Authority and Purpose
Sections 15-1 through 15-10 Page 5 of 157
Naperville, Oak Brook, Roselle, Schaumburg, and Woodridge; and for
the entire Community - Wayne. The Committee shall include the
above-listed communities within the scope of its planning and
enforcement jurisdiction.
15-9. RESERVED
15-10. RESERVED
Article II. Administration
Sections 15-11 through 15-22 Page 6 of 157
ARTICLE II. ADMINISTRATION
15-11. Interpretation of Terms and Words
15-11.A The terms and words used in this Ordinance or in a Waiver
Community Ordinance shall be interpreted as follows:
15-11.A.1 Words used in the present tense include the future tense;
and
15-11.A.2 Words used in the singular number include the plural
number and words used in the plural number include the singular
number; and
15-11.A.3 The words "shall", "will", and "must" are mandatory, not
permissive; and
15-11.A.4 All distances, unless otherwise stated, shall be measured
horizontally.
15-11.A.5 The phrases "Director or the Administrator", "Director,
or the Administrator in a Waiver Community", or "Director, or
Administrator in a Complete Waiver Community", refer to the
individual responsible for the enforcement in the specific area.
15-11.A.6 All references to “he”, “him”, “his”, “she”, and “her” shall
be construed as gender-neutral.
15-11.B Definitions of terms specific to this Ordinance, and a list of
acronyms and initialisms are contained in Appendix A.
15-12. Responsibility for Administration
15-12.A The Committee, or the Oversight Committee in a Waiver
Community, shall determine policy related to, and direct the
enforcement of, this Ordinance or the Waiver Community's
Ordinance, as applicable.
15-12.B The Director, or the Administrator in a Waiver Community,
shall have the authority and responsibility for the administration of this
Ordinance or the Waiver Community's Ordinance, as applicable. In
performing his or her duties, the Director or the Administrator may
delegate routine responsibilities to any named designee.
15-12.C Each Community shall remain solely responsible for its
standing in the NFIP and for:
15-12.C.1 Maintaining records and submitting reports required for
the NFIP, including Elevation Certificates, Floodproofing
Certificates, and Lowest Floor elevations; and
15-12.C.2 Notifying the Director, and if required FEMA, OWR,
USACE, the IEPA, and the USEPA of any proposed amendment
to this Ordinance or the Waiver Community's Ordinance.
15-13. Duties of Director. The duties and functions of the Director shall include:
15-13.A Supervising the execution of this Ordinance; and
15-13.B Supervising the Development and revision of the appendices of
the Plan for Committee and County Board approval and taking such
actions as are reasonably necessary and proper to carry out the
purposes and provisions of this Ordinance; and
Article II. Administration
Sections 15-11 through 15-22 Page 7 of 157
15-13.C Authorizing Flood Plain delineations and support
documentation from Partial Waiver communities for any FEMA Map
Change, which Authorization may be done concurrent with submittal
to OWR or its designee and FEMA; and
15-13.D Developing and maintaining Countywide regulatory maps; and
15-13.E Directing the application and review of complex Stormwater
Management Certifications for any Community that requests such
assistance; and
15-13.F Performing, in Non-Waiver communities, the duties which are
assigned to the Administrator in Waiver communities to the extent
consistent with other laws; and
15-13.G Reviewing and authorizing proposed Developments referred to
the Department in Flood Plain, Wetlands and Buffers within Partial
Waiver communities; and
15-13.H Keeping USACE, OWR and FEMA informed of Community
waiver and ordinance status within 30 days after any changes in status;
and
15-13.I Notifying the communities, and if required FEMA, OWR,
USACE, the IEPA, and the USEPA of any amendments to the Plan or
this Ordinance; and
15-13.J Maintaining and making available to Applicants a list of all
adopted General Certifications; and
15-13.K Encouraging and conducting studies, investigations, and
research relating to the physical, chemical, ecological, engineering, and
other aspects of stormwater management.
15-14. Duties of Administrator in Waiver Community. The duties and functions of
the Administrator shall include:
15-14.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
15-14.B Verifying the existence of Flood Plain, Wetlands and Buffers
for each application; and
15-14.C Receiving Authorization for Development in Flood Plains,
Wetlands, and Buffers in Partial Waiver Communities prior to
issuance of a Certification; and
15-14.D Reviewing and approving Authorizations and issuing any
Certifications or notices required by the Waiver Community
Ordinance; and
15-14.E Notifying the Director and owners of adjacent upstream,
downstream, and potentially affected property, affected state and
federal agencies, and Watershed basin communities, and publishing a
notice in a local newspaper of any Variance requested from the
provisions of the Waiver Community Ordinance; and
15-14.F Notifying the Director and all affected Persons defined in
Section 15-14.E of this Ordinance of any alteration or relocation of a
Article II. Administration
Sections 15-11 through 15-22 Page 8 of 157
watercourse including application for a FEMA CLOMC and LOMC as
required; and
15-14.G Providing for inspections of Developments as provided in
Section 15-20 of this Ordinance under the terms of the Waiver
Community's Ordinance; and
15-14.H Investigating complaints of Violations of the Waiver
Community's Ordinance; and
15-14.I Notifying any Applicant for a Variance that granting the
Variance may result in increased rates for Flood insurance; and
15-14.J Notifying the Director and other jurisdictions of alleged
Violations of their Certification or permit programs; and
15-14.K Notifying violators within Regulatory Flood Plains that failure to
comply with NFIP provisions could make them ineligible to receive
Flood insurance; and
15-14.L Initiating any proceeding necessary to enforce the Waiver
Community Ordinance; and
15-14.M Encouraging and conducting studies, investigations, and
research relating to the physical, chemical, ecological, engineering, and
other aspects of stormwater management; and
15-14.N Advise, consult and cooperate with other governmental agencies
to promote the purposes of this Ordinance and the Waiver
Community's Ordinance; and
15-14.O Maintaining for public inspection copies of all applications and
submittals, federal and state permit documents, variation
documentation, FEMA CLOMC and LOMC, and all other documents
required pursuant to Article IV and V of this Ordinance as directed under
the Waiver Community's Ordinance; and
15-14.P Sending copies of any application for a FEMA CLOMC and
LOMC to the Director; and
15-14.Q Receiving Authorization for Development in Flood Plains from
the Director prior to Partial Waiver Community approval of any FEMA
CLOMC and LOMC; and
15-14.R Sending a copy of any petition or request for a Variance from
the terms of the Waiver Community Ordinance to the Committee
before any such Variance is approved by the Oversight Committee;
except in cases where the Variance from the Waiver Community
Ordinance still meets or exceeds the requirements of this Ordinance;
and
15-14.S Submitting the necessary information to the Director relating to
Development to 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 CLOMCs
and LOMCs; and
15-14.T Maintaining documentation necessary on "cost of improvement"
on Buildings in the Flood Plain, relating to the Substantial
Improvements or Substantial Damage requirements of this Ordinance
or the NFIP; and
15-14.U Maintaining and making available to Applicants a list of all General
Certifications adopted within the Waiver Community.
Article II. Administration
Sections 15-11 through 15-22 Page 9 of 157
15-15. Representative Capacity. In all cases when any action is taken by the Director
or the Administrator, or his or her duly appointed designee, to enforce the
provisions of this Ordinance or the Waiver Community's Ordinance, such
action shall be taken either in the name of and on behalf of the County or of
the Waiver Community, or the people of the State of Illinois, and neither the
Director nor the Administrator, or his or her designee, in so acting for the
County or the Waiver Community shall be rendered personally liable.
15-16. Oversight Committee
15-16.A An Oversight Committee shall be established to oversee the
implementation and enforcement of the Waiver Community's
Ordinance within its jurisdiction.
15-16.B The corporate authorities of a Community, or any
representatives duly appointed by the corporate authorities, may serve
as the Oversight Committee.
15-16.C The Oversight Committee, when considering appeals or
Variances, may request an opinion from the Director or the MEG.
15-17. Stormwater Management Certification Review and Director Authorization
15-17.A Stormwater Management Certification Review
Responsibilities in Partial Waiver Communities. When a Community
petitions for and is granted a Partial Waiver of Enforcement of this
Ordinance, such Community shall have the authority to review and
approve applications for Stormwater Management Certifications in all
areas under its jurisdiction, provided that:
15-17.A.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 this Ordinance when a Development
includes: sites with Wetlands on or within 100’ of the
Development, Buffers, and sites which include Regulatory
Flood Plain, with the following exceptions:
15-17.A.1.a. The Administrator in a Partial Waiver
Community may determine that a Development Site
does not contain a wetland, Buffer or Flood Plain.
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.
15-17.A.1.b. The Administrator in a Partial Waiver
Community may review, without submittal to the
County, applications for Developments on sites that
contain Regulatory Flood Plain/Floodway where no
impact to the portion of the site containing Regulatory
Flood Plain/Floodway is proposed. The Administrator
may also review site specific Flood Plain determinations,
and Developments in the Flood Plains, for drainage
Article II. Administration
Sections 15-11 through 15-22 Page 10 of 157
areas less than 640 acres where no Floodway has been
designated.
15-17.A.2 Those applications for Development where the
Administrator has submitted the application to the County for
Authorization may, after the Director authorizes the application
for Development, issue the Stormwater Management
Certification if the application meets the requirements of this
Ordinance or the Waiver Community's Ordinance, as
applicable.
15-17.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 this Ordinance, such Community shall review and
Certify, signifying compliance with this Ordinance, all applications for
Development under all provisions of the Ordinance within the
boundaries of its jurisdiction.
15-17.C Stormwater Management Certification Review
Responsibilities in a Non-Waiver Community. When a Community
does not petition for Waiver of Enforcement of this Ordinance, such
Community shall have applications reviewed and certified by the
Director, signifying compliance with all provisions of this Ordinance
within the boundaries of the Community.
15-17.D Stormwater Management Certification Reviews. Overall
responsibility for supervision of the review of all aspects of a
Stormwater Management Certification Application under the
jurisdiction of this Ordinance rests with the Administrator, however the
Administrator shall ensure that technical reviews are under the
supervision of a Professional Engineer meeting the requirements of
Section 15-127.A.3.a.1 and 15-127.A.3.a.2 for Complete Waiver
Communities and Section 15-127.A.3.b.1. for Partial Waiver
Communities. The Administrator will also utilize, as the situation
requires, the appropriate experts who must meet the requirements of
Sections 15-127.A.3.a.3 and 15-127.A.3.a.4 for a Complete Waiver
Community or Section 15-127.A.3.b.2 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:
15-17.D.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.
Article II. Administration
Sections 15-11 through 15-22 Page 11 of 157
15-17.D.2 In a Complete Waiver Community, the reviewing
Professional Engineer shall provide a written opinion that the
proposed Development meets the minimum requirements of
this 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 Section 15-
127.A.3.a.3 who shall provide a written opinion on those matters
within their area of expertise that the proposed Development
meets the minimum requirements of this Ordinance.
15-17.D.3 In a non-waiver Community, the Director, or his
designee, will determine the appropriate individuals to review the
application and coordinate review comments.
15-18. 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 Ordinance,
recommend General Certification topics, review draft Ordinance revisions,
review draft General Certifications, and discuss permitting issues where a
recommendation is requested.
15-18.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.
15-18.B The MEG shall adopt bylaws covering at a minimum what constitutes
a quorum and notice requirements, and meeting schedule.
15-18.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.
15-18.D All votes by the MEG are advisory. Summaries of the
discussions will be kept of all meetings.
15-19. RESERVED
15-20. Required Inspections
15-20.A Any Development constructed pursuant to a Stormwater
Management Certification shall be subject to periodic inspections by
the Director or the Administrator during construction to ensure
conformity with Certification provisions and conditions.
15-20.B Unless otherwise provided by a valid and enforceable
intergovernmental agreement, the Department shall inspect and
monitor the construction and Maintenance of Mitigation measures
prepared pursuant to Articles XI and XII of this Ordinance for all
mitigated Wetlands and Buffers authorized by a Stormwater
Management Certification in a Non-W aiver or Authorization in a
Partial Waiver Community.
15-21. RESERVED
Article II. Administration
Sections 15-11 through 15-22 Page 12 of 157
15-22. RESERVED
Article III. General Provisions
Sections 15-23 through 15-29 Page 13 of 157
ARTICLE III. GENERAL PROVISIONS
15-23. Scope of Regulation
15-23.A This Ordinance, or the applicable Waiver Community
Ordinance, shall apply to all Development of property within the
boundaries of the County since February 15, 1992, including those
under the control of any governmental entity, except State and Federal
government agencies of higher jurisdiction or authority.
15-23.B The provisions of this Ordinance, or the applicable Waiver
Community Ordinance, shall not apply to:
15-23.B.1 Structures and land uses existing as of February
15,1992 except when subsequently re-developed, and except
that minimum standards of the NFIP shall apply to all
Development; and
15-23.B.2 Proposed Developments that are listed on the Official
List of Exempt Developments submitted by each Community.
All such Developments on the list shall have met at least one of
the following criteria:
15-23.B.2.a. Building permits for such Development were
issued prior to February 15, 1992; or
15-23.B.2.b. Engineering of all Stormwater Facilities for such
Development was submitted to and approved by the
Community engineer prior to February 15, 1992; or
15-23.B.2.c. Annexation agreements or ordinances or other
agreements were recorded or executed prior to February
15,1992 which specifically exempt such Development
from Community codes; or
15-23.B.2.d. For other Developments, contractual agreements
executed prior to February 15, 1992 which specifically
exempt such Development from Community codes; or
15-23.B.2.e. Approvals resulting from judicial decrees preclude
application of this Ordinance.
15-23.C The exemption granted pursuant to Section 15-23.B.2 shall extend
only to the specific improvements authorized by the building permit,
engineering approval, or judicial decrees, and all specific limitations
agreed to in any annexation agreement or ordinance or contract shall
apply. All other Development not previously specifically exempted
shall remain subject to the provisions of this Ordinance or the applicable
Waiver Community Ordinance.
15-23.D Plan changes which result in greater impervious coverage of the site
compared to the exempted plan will be cause for the Director or
Administrator to remove the Development from the Official List. Such
a finding may be appealed to the Committee in accordance with Article
XV for final decision.
15-23.E Nonconforming Structures shall not be replaced or enlarged in
any manner unless such replacements or enlargements conform to the
requirements of this Ordinance or the applicable Waiver Community
Ordinance.
Article III. General Provisions
Sections 15-23 through 15-29 Page 14 of 157
15-24. Official Lists of Exempt Developments
15-24.A Each revision to the Official List of Exempt Developments shall
be approved by an official action of the corporate authorities of the
Community, and shall be acknowledged in writing by the Director on
behalf of the Committee.
15-24.B The Committee may challenge any revision of an Official List of
Exempt Developments submitted by a Community within 60 days after
proper submission of such list or revision. The Committee shall state
in writing its reasons for rejection of any Development as not being in
accordance with the provisions of Section 15-23.B.2 of this Ordinance.
15-24.C The Community may add a Development to, or delete a
Development from, the Official List of Exempt Developments if an
Applicant shows that the criteria listed in Section 15-23.B.2 of this
Ordinance have been met or if the Community has determined that the
criteria listed in Section 15-23.B.2 of this Ordinance have not been met.
15-24.D Prior to resubmitting its Official List of Exempt Development to
the Committee deleting a Development, the Community resubmitting
such list with such deletion shall notify the affected owner or Developer
of such deletion in writing and provide such owner or Developer an
opportunity to respond to the Community.
15-25. Interpretation
15-25.A This Ordinance and the Waiver Community Ordinances shall
be liberally construed to protect the health, welfare, safety, and the
environment of the residents of the County and to effectuate the
purposes of this Ordinance and the Waiver Community Ordinances
and the enabling legislation.
15-25.B Nothing contained in this Ordinance, or the Waiver Community
Ordinances, shall be deemed to consent to, license, permit to locate,
construct, or maintain any Structure, site, facility or operation, or to
carry on any trade, industry, occupation, or activity.
15-25.C When provisions of this Ordinance, or any Waiver Community
Ordinance, differ from any other applicable statute, law, ordinance,
regulation, or rule, the more stringent provision shall apply.
15-25.D The provisions of this Ordinance and the Waiver Community
Ordinances are cumulative and shall be considered additional
limitations on all other laws and ordinances previously approved or that
may hereafter be approved and that concern any subject matter
included in this Ordinance or any Waiver Community Ordinance.
15-25.E Interpretation of technical provisions of this Ordinance shall be
made by the Director, or the Administrator in a Waiver Community
who may also consult the MEG for an advisory opinion.
15-26. Warning and Disclaimer of Liability
15-26.A The degree of Flood protection provided by this Ordinance or
any Waiver Community Ordinance is considered reasonable for
regulatory purposes and is based on engineering experience and
scientific methods of study.
Article III. General Provisions
Sections 15-23 through 15-29 Page 15 of 157
15-26.B Increased Flooding may result from causes beyond the control
of the County or any Community.
15-26.C This Ordinance and the Waiver Community Ordinances do
not, therefore, imply that areas outside the delineated Flood Plain or
permitted land uses within the delineated Flood Plain will be free from
Flooding and associated damages.
15-26.D Neither this Ordinance nor any Waiver Community Ordinance
shall be construed or applied in any manner to create liability on the part
of or a cause of action against the County, any Community, or any
elected official, officer, agent, or employee thereof, for any Flood
damage resulting from reliance on the provisions of this Ordinance or
any Waiver Community's Ordinance or from reading or interpreting
any map that is part of this Ordinance or any Waiver Community
Ordinance.
15-27. General Stormwater and Flood Plain Requirements. The following general
stormwater and Flood Plain requirements shall apply to all Development.
15-27.A Development shall not:
15-27.A.1 Result in unreasonable new or additional expense to any
Person other than the Developer for Flood protection or for lost
environmental stream uses and functions attributable to the
Development; nor
15-27.A.2 Unreasonably increase Flood elevations or decrease
Flood conveyance capacity upstream or downstream of the area
under the ownership or control of the Developer; nor
15-27.A.3 Pose any unreasonable new or additional increase in
Flood velocity or impairment of the hydrologic and hydraulic
functions of streams and Flood Plains unless a Watershed
Benefit is realized; nor
15-27.A.4 Violate any provision of this Ordinance or any applicable
Waiver Community Ordinance either during or after
construction; nor
15-27.A.5 Unreasonably or unnecessarily degrade surface or
ground water quality.
15-27.B For purposes of this article, changes in Flood elevations or changes
in discharges, within the limits of modeling tolerance allowed in this
Ordinance, shall be deemed acceptable.
15-27.C Analysis and design of all stormwater and Flood Plain facilities
required for Development shall:
15-27.C.1 Meet the standards and criteria established in the Plan
and, if available, in Watershed Plans or in Interim Watershed
Plans; and
15-27.C.2 Be consistent with techniques specified in the Watershed
Plans or the Interim Watershed Plans; and
15-27.C.3 Site runoff storage and Compensatory Storage facilities
shall be either constructed before or concurrently with general
construction. The facilities shall be functional prior to or
concurrent with any Building construction that increases a site’s
Total Impervious Area.
Article III. General Provisions
Sections 15-23 through 15-29 Page 16 of 157
15-28. Building Protection
15-28.A Within the boundary of the Regulatory Flood Plain, all Usable
Space in new Buildings, or added to existing Buildings, shall either be
elevated, Floodproofed, or otherwise protected such that the lowest
entry shall be at least one foot above the nearest Base Flood Elevation
to prevent the entry of surface stormwater. Floodproofing devices shall
be operational without human intervention. If electricity is required for
protection against Flood damage, there shall be a backup power source
which will activate without human intervention. Floodproofing
measures shall be certified by a Professional Engineer.
15-28.B All Usable Space in new Buildings or added to existing
Buildings, shall be elevated, Floodproofed, or otherwise protected to
at least one foot above the design elevation to prevent the entry of
surface stormwater. The design elevation is the higher elevation of
either Article X or the elevation associated with the design rate as
determined in Section 15-73.A.2.
15-28.C Other Building protection standards for Structures that shall be
implemented in the Flood Plain are listed in Section 15-81.B in Article
X.
15-29. RESERVED
Article IV. Stormwater Management Certifications
Sections 15-30 through 15-46 Page 17 of 157
ARTICLE IV. STORMWATER MANAGEMENT CERTIFICATIONS
15-30. 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 15-
32), or if applicable, obtain a Letter of Permission (Section 15-31) unless the
Development meets all of the criteria of Section 15-30.A or one of the following
criteria of Section 15-30.B.
15-30.A The Development is:
15-30.A.1 On a Development Site that does not include Flood
Plain, Wetlands or Buffers; and
15-30.A.2 The Development does not add 2,500 square feet or
more of Net New Impervious Area compared to the pre-
Development conditions, and
15-30.A.3 Does not include 5,000 square feet or more of land
disturbing activities.
15-30.B The Development Site does not include Wetlands, Buffers or
Flood Plains and consists solely of one or more of the following:
15-30.B.1 Cultivation, conservation measures or gardening; or
15-30.B.2 Installation, renovation or replacement of a septic system,
potable water service line, or other utility to serve an existing
Structure; or
15-30.B.3 Excavation or removal of vegetation in rights-of-way or
public utility easements for the purpose of installing or
maintaining utilities; or
15-30.B.4 Maintenance, repair or at grade replacement of existing
lawn areas not otherwise requiring a Stormwater Management
Certification under this Ordinance.
15-31. Letters of Permission. The Administrator, or the Director in Non-Waiver
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 and in advance
of the submittal, and the request is approved in writing by the Administrator
or the Director in a Non-W aiver 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 Ordinance. The
Applicant shall remain responsible for any errors in calculation or application
of engineering methodology.
15-31.A The following are the potential modifications to submittal
requirements in the form of “waiving submittal” that may be considered.
Article IV. Stormwater Management Certifications
Sections 15-30 through 15-46 Page 18 of 157
15-31.A.1 Supporting calculations for simple soil erosion and
sediment control plans, if the Development is not subject to
NPDES permitting;
15-31.A.2 Routine backup calculations such as time of
concentration, runoff curve number, and storm sewer design
calculations;
15-31.A.3 Copies of maps such as soils maps.
15-31.A.4 Other supporting calculations when the results used in
the design appear to the Administrator to be within the norms
of engineering practice.
15-31.B The following are not eligible to be “waived for submittal”
15-31.B.1 Construction plans complete with all details, including soil
erosion and sediment control plan must be submitted by the
Applicant.
15-31.B.2 Development Securities in the amounts and forms
defined in this Ordinance, record exhibits and maintenance
easements may be reduced or waived if adequate other
securities are required under other building permit requirem ents
such that the Administrator or Director in a Non-Waiver
Community is reasonably assured that the intent of those
provisions in this Ordinance is carried out.
15-31.C Decisions made on behalf of the Community by the Administrator
or Director with regard to Letters of Permission applicability and
submittal requirements are by permission to the Applicant.
15-31.D The Letter of Permission will serve in all respects as the
Stormwater Management Certification, with the same duration, and
may be combined with a General Certification for the parts of the
Development to which a General Certification might be applicable.
15-31.E A Letter of Permission cannot be used to substantively change
the technical standards of this Ordinance.
15-32. General Certifications. The Director, or the Administrator in a Waiver
Community, may issue General Certifications which when adopted by the
Stormwater Committee, County Board, and Oversight Committee and when
found applicable to the particular circumstances of a Development, will serve
as the Stormwater Management Certification for the Development activity,
or a portion of the Development activity. General Certifications may provide
clarification or interpretation of technical requirements and are intended to
address common and generally low impact Developments, reducing submittal
requirements, design costs and the public burden to apply for Certification
and review such Development cases. The Applicant may be required to
make a submittal and pay review fees, as described in the General
Certification or in the Community’s fee schedule. As long as the Applicant
abides by the Special Conditions as described in the General Certification,
then the Development will be considered as having obtained a Stormwater
Management Certification.
15-32.A Types of Developments for General Certification drafts will be
recommended by the MEG, who may refer them to a committee of the
MEG or County staff. The Director will present the General
Article IV. Stormwater Management Certifications
Sections 15-30 through 15-46 Page 19 of 157
Certification to the Stormwater Committee for those General
Certifications with countywide applicability. When initiated by an
Administrator, the Administrator shall obtain a recommendation from
the Director, who will also refer it to the MEG for a recommendation.
Any General Certification may be used by any Community. A
General Certification must be adopted by the Community for use in
that Community or by the County Board for applicability Countywide.
15-32.B General Certifications are authorized for one year and shall be
automatically renewed annually unless action is taken to change the
Certification within 60 days of expiration. An Applicant who relied on
a General Certification shall have one year from the date of
reauthorization to complete the Development under the terms of the
General Certification as it read at the time the General Certification
was issued.
15-33. Datum. All topographic maps or exhibits, and Record Drawings associated
to a project shall be tied to the North American Vertical Datum of 1988
(NAVD88) of the National Spatial Reference System (NSRS) as maintained by
the United States National Geodetic Survey (NGS). A minimum of two 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 two methods to achieve vertical network accuracy as well as to
provide documentation to substantiate the vertical network accuracy.
15-33.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.
15-33.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 NSRS vertical
geodetic control monuments of Second-Order or better accuracy. The
surveyor shall provide to the County a list of the two or more NGS
Second-Order vertical geodetic control monuments used during the
leveling survey and a copy of the leveling notes.
15-34. Requirements for Applicants to use Professional Engineers and Surveyors.
Calculations for the design of Stormwater Facilities, determination of the
Regulatory Flood Plain, 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
Article IV. Stormwater Management Certifications
Sections 15-30 through 15-46 Page 20 of 157
which are subject to a differential water pressure head of greater than three
feet shall be designed under the supervision of a Licensed Structural
Engineer, who shall sign and seal the design plans and calculations.
Topographic exhibits and Record Drawings may alternatively be signed and
sealed by a Professional Land Surveyor.
15-35. Requirements for Applicants to use Environmental Scientist. When
required, all determinations regarding the absence or presence of Wetlands
on the Development Site or within one hundred (100) feet from the
Development Site shall be performed by an Environmental Scientist
(Section 15-85.B), unless the Director or Administrator concludes and
documents otherwise in accordance with Section 15-85.A.
15-36. Professional Engineer statement with application. Unless waived by the
Community or by General Certification, a Professional Engineer under the
employment of the Applicant shall provide a statement rendering an opinion
that the Development meets the minimum criteria for stormwater management
in accordance with this Ordinance, or the applicable Waiver Community
Ordinance.
15-37. Other Agency Approvals. No work may begin on a site in those areas under
the jurisdiction of any other stormwater authority until the authority’s permits or
approvals have been obtained. Failure to obtain a permit from other required
stormwater related jurisdictions will invalidate an issued Stormwater
Management Certification. When 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.
15-38. 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.
15-39. IDNR-OWR reserved review. For Development within the Regulatory
Floodway, the following calculations or analyses shall be submitted to and
approved by IDNR-OWR or its designee prior to issuance of a Stormwater
Management Certification:
15-39.A Flood damage analysis for the replacement or modification of
existing bridges or culverts;
15-39.B Hydraulic analysis of new, modified or replacement bridges or
culverts;
15-39.C Analyses of alternate transition sections from those required in
Section 15-82.E. of this Ordinance; and
15-39.D Analyses of hydrologically and hydraulically equivalent storage.
15-39.E Any embankment or Structure meeting IDNR-OWR’s definition
of a Dam, including areas outside the Regulatory Floodway.
Article IV. Stormwater Management Certifications
Sections 15-30 through 15-46 Page 21 of 157
15-40. Certification Application Requirements and Submittals. The specific applicable
technical requirements and the extent of documentation required to be
submitted may vary depending on existing conditions of the Development
Site. The Applicant shall combine the separate “submittals” referenced in
each article into a single application package of materials. Unless superseded
by application under either a General Certification or a Letter of Permission,
or the Director or Administrator specifically allows a modification of the
submittal requirements in writing, the following shall guide the determination
that an application for Stormwater Management Certification is complete.
15-40.A Stormwater Submittal. All Developments requiring a
Stormwater Management Certification are required to submit the
information required for Minimum Submittal (Section 15-47.A). The
requirement for Record Drawings (Section 15-47.B) applies to all
Developments that construct Stormwater Facilities, or include
wetland, Buffer or Flood Plain onsite. Unless the Development fits
the definition of Minor Development, the plans and calculations listed
in Section 15-47.D will also be required (as relevant to the specific
Development).
15-40.B Maintenance Plan. When the Development includes
construction of a Site Runoff Storage Facility or Post Construction Best
Management Practices, a maintenance plan specifying tasks and
frequency shall be submitted.
15-40.C The provisions of Section 15-55 shall apply to all Developments
except:
15-40.C.1 Developments classified as Minor Developments; or
15-40.C.2 Developments which do not include site stormwater
storage facilities and which do not include any Best
Management Practices with a design drainage area greater
than 1-acre.
15-40.D Performance Security. Performance Security in accordance with
Section 15-54 may be combined into a single instrument and is required
as follows.
15-40.D.1 Development Security in accordance with Section 15-
54.B. is required for all Developments which are not Minor
Developments, and which include construction of a
Stormwater Facility (Article IX), or more than 200 feet of Storm
Sewer, or a Post Construction Best Management Practice
(Article VIII) designed to serve more than 1-acre of drainage
area.
15-40.D.2 Erosion and Sediment Control Security in accordance
with Section 15-54.C is required for any Development disturbing
more than 1-acre, or which disturbs the bed and banks of a
Channel draining more than 100-acres, or when an Erosion and
Sediment Control Plan is required because of impact to
Wetlands or Buffers or Flood Plain.
15-40.D.3 A Natural Area, Wetland and Buffer Mitigation Area
Security shall be posted per Section 15-54.D. Whenever a
natural area is being restored or a Wetland or Buffer is impacted
and mitigated, unless Mitigation is provided by fee-in-lieu.
Article IV. Stormwater Management Certifications
Sections 15-30 through 15-46 Page 22 of 157
15-40.E Soil Erosion and Sediment Control. All Developments must
provide both temporary and permanent Soil Erosion and Sediment
Control; however, plans for these measures must be submitted for
review only where the Development is required to obtain a Stormwater
Management Certification (Section 15-30). Developments required
to make application may obtain a Letter of Permission (Section 15-
31), even if it is not a Minor Development, as long as no other aspect
of the Development requires review under Articles VIII, IX, X or XI. All
other applications shall include the following based on area of land
disturbance of the proposed Development:
15-40.E.1 If the land disturbance is less 1 acre and does not disturb
the bed and banks of a Channel draining more than 100- acres,
and the Development does not involve impact to Buffer or
wetland or Flood Plain, and is not part of a larger common plan,
then the submittal shall be per Section 15-50.B.
15-40.E.2 If the land disturbance is one 1-acre or greater or disturbs
the bed or banks of a Channel draining more than 100-acres, or
the Development includes impact to Buffers or Wetlands or
Flood Plain, then the requirements of Sections 15-50.C and 15-
50.D shall apply.
15-40.F Post Construction Best Management Practices. When the
impervious coverage of the Development Site is increased by 2,500
square feet or more compared to the Pre-Development Site then
PCBMPs designed in accordance with Section 15-63 through Section
15-70 are required and submittals in accordance with Section 15-49 are
required with the Application, unless one of the exceptions or exclusions
listed in Section 15-63 applies.
15-40.G Flood Plains and Floodways. All Developments shall check
the requirements of Section 15-80 to determine if Flood Plain exists on
a Development Site. Chart 3 is included in Appendix C as a guide. If
Flood Plain does exist on the Development Site, a BFE shall be
established as outlined in Section 15-80.D and shall be drawn on the
site topographic map. If the datum for the BFE determination is different
from the site topographic map datum, the appropriate conversion factor
shall be used. The DuPage County developed conversion factors from
NGVD29 to NAVD88 per Watershed, shall be used when appropriate.
If the proposed work is outside of the BFE, there shall be no additional
requirements from Article X that need to be met. Applicants shall
determine if Floodway exists following Section 15-80.F. For
Developments that involve work within the Flood Plain or, where there
is Floodway within the disturbed area, the Flood Plain and Floodway
shall be delineated on the site plan.
15-40.G.1 For Developments within the Flood Plain, document
that Section 15-81 requirements are being met with a narrative
and appropriate calculations, modeling, cross-sections and
plans.
15-40.G.2 For Developments within the Floodway, document that
Section 15-82 requirements are being met with a narrative and
Article IV. Stormwater Management Certifications
Sections 15-30 through 15-46 Page 23 of 157
appropriate calculations, modeling, cross-sections and plans per
Section 15-51.
15-40.H Wetlands. A flowchart is included in Appendix C as a guide.
Stormwater Management Certifications are required for
Developments where the area being disturbed, or developed, is within
100 feet of a wetland located either on-site or off-site. The application
shall include the following.
15-40.H.1 A wetland delineation and report will be required unless
the wetland is determined to be greater than 100 feet away from
the Development’s limit of disturbance, and Section 15-17.A.1.a
is applied by the Administrator in a Partial Waiver
Community, or with the concurrence of the Administrator in a
Complete Waiver Community, or the Director in a Non-Waiver
Community.
15-40.H.2 If the Development’s proposed limit of disturbance is
within 100 feet of a wetland, then,
15-40.H.2.a. A wetland delineation and report will be required
(Section 15-85), unless the wetland has clearly defined
boundaries and there are no proposed wetland or Buffer
Direct Impacts or indirect wetland hydrologic impacts
that exceed the thresholds found in Section 15-87.
15-40.H.2.b. If there are Direct Impacts to the wetland, then
the wetland submittal in accordance with Section 15-48
will be required.
15-40.H.2.c. If the Development will cause an indirect impact
to a wetland an indirect impact analysis shall be included
in the Wetland Submittal.
15-40.H.2.d. If the Development has a direct or indirect
Permanent Wetland Impact a hydrologic analysis of the
Mitigation area (Section 15-88.L) and a maintenance
and monitoring plan (Section 15-88.M) are required to be
submitted, unless Fee in Lieu of Mitigation is provided.
15-40.I Buffers. See also the flowchart in Appendix C. Direct Impacts
to Buffers (Section 15-92) will require a Buffer Submittal in accordance
with Section 15-48.
15-41. Special Cases of Development. Special Cases of Development shall have
differing submittal or, technical standards than other Developments, as
summarized in Table 1.
FLOOD PLAIN/
FLOODWAY (Note
these Sections)
POST
CONSTRUCTION
BEST
MANAGEMENT
PRACTICES
SITE RUNOFF
STORAGE
Article IV. Stormwater Management Certifications
Sections 15-30 through 15-46 Page 24 of 157
Table 1 Note: Referenced Ordinance Sections apply to the Special Cases of Development.
TABLE 1: SPECIAL CASES OF DEVELOPMENT
15-42. Fees for Certification and Authorization by the County and other fees.
15-42.A A review and inspection fee schedule for Stormwater
Management Certifications in Non-Waiver Communities, and for
Authorization reviews performed by the County on behalf of Waiver
ROADWAY
DEVELOPMENT
15-81.A.2
15-81.D.4
15-63.A.2
(EXISTING)
OR 15-63.A.1 (NEW)
POSSIBLE SITE
RUNOFF STORAGE
(SPECIAL) 15-72.A.4
15-72.B
BRIDGE AND
CULVERT
MODIFICATION
15-81.A.2, 15-
81.A.2.c, 15-81.A.2.d
15-82.A.6, 15-82.D,
15-82.F
EXEMPT
15-63.A.2
EXEMPT
15-72.C.1
STREAMBANK
STABILIZATION 15-82.C.2 EXEMPT
15-63.A.4
EXEMPT
15-72.C.2
NAUTRAL AREA
RESTORATION EXEMPT
15-63.A.4
EXEMPT
15-72.C.3
WETLAND
MITIGATION SITE 15-82.C.3 EXEMPT
15-63.A.4
EXEMPT
15-72.C.4
WETLAND
MITIGATION BANK 15-82.C.3 EXEMPT
15-63.A.4
EXEMPT
15-72.C.4
TRAIL
DEVELOPMENT,
BIKEWAY,
PEDESTRIAN
WALKWAY
15-81.A.2.b
15-81.A.2.c
EXEMPT
15-63.A.5 (MEETING
CONDITIONS)
EXEMPT
15-72.C.5
(MEETING
CONDITIONS)
OPEN SPACE
DEVELOPMENT
15-81.A.6
15-82.A.5
15-82.A.9
15-63
≥2,500 S.F. NET
NEW IMPERVIOUS
ONLY SITE RUNOFF
STORAGE
(SPECIAL)
15-72.B
WATER AND
SEWER
IMPROVEMENT
DEVELOPMENT
15-81.C.2
15-81.C.3
EXEMPT
15-63.A.7
EXEMPT
15-72.C.6
Article IV. Stormwater Management Certifications
Sections 15-30 through 15-46 Page 25 of 157
Communities, is attached to this Ordinance as Schedule A and by this
reference incorporated into this Ordinance.
15-42.B All Certification review and inspection fees for Development in
Non-Waiver Communities, and in those areas of review undertaken by
the County in Waiver Communities, shall be payable to the
Department.
15-42.C Waiver Communities may set Certification review and
inspection fees or set up escrow accounts for payment of review costs
for Developments within their jurisdictions.
15-42.D All stormwater management review fees shall be paid at the time
directed by the Administrator or Director.
15-42.E Any fee-in-lieu that is part of the conditions for issuance must be
paid prior to issuance of the Certification.
15-43. Release of Performance Security and Easements. The Record Drawings
requirements of Sections 15-47.B and the applicable requirements of 15-55 will
also be required to be satisfied prior to the release of the remaining
development securities in Section 15-54.
15-44. Duration and Revision to Certifications and Authorizations. Certifications
expire December 31st of the third year from the date of Certification or
Authorization, whichever is sooner.
15-44.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 years for Certified or authorized activities, provided the activity
is in compliance with the then current requirements of this Ordinance or
the applicable Waiver Community Ordinance. 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.
15-44.B If, after Certification issuance, the Certification holder decides
to revise the approved plans, the Certification holder shall submit
revised plans to the Director or the Administrator, along with written
request for approval by the expiration date. If the Director or the
Administrator determines that the revised plans are in compliance with
the then current requirements of this Ordinance or the applicable
Waiver Community Ordinance, an approval of the revised plans will
be issued.
15-44.C No activity by the Applicant in the form of a resubmittal or follow-
through on outstanding issues required for Certification in the 12
month period following the date of the last correspondence from the
Director, or Administrator, pertaining to the Application, will be cause
for considering the application withdrawn.
15-45. RESERVED
Article IV. Stormwater Management Certifications
Sections 15-30 through 15-46 Page 26 of 157
15-46. RESERVED
Article V. Certification Submittals
Sections 15-47 through 15-53 Page 27 of 157
ARTICLE V. CERTIFICATION SUBMITTALS
15-47. Stormwater Submittals
15-47.A Minimum Submittal. Unless one of the following is specifically
waived with documentation by the Director or the Administrator in a
Waiver Community, or the Development is eligible for Certification
by a General Certification or Letter of Permission, a minimum
Stormwater Submittal shall be required for all Developments requiring
Certification. The following constitutes a minimum Stormwater
Submittal, unless modified by Waiver Community Ordinance:
15-47.A.1 The name and legal address of the Applicant and of the
owner of the land; and
15-47.A.2 The common address and legal description of the site
where the Development will take place; and
15-47.A.3 Affidavits signed by the land owner and the Developer
attesting to their understanding of the requirements of this
Ordinance or the applicable Waiver Community Ordinance
and their intent to comply therewith, including the submittal of a
record drawing in accordance with Section 15-47.B; and
15-47.A.4 A listing of all other required stormwater related permits,
a brief description of how the other permits apply to the
Development, and when requested by the Director or the
Administrator, complete copies of the applications for the
permits; and
15-47.A.5 A statement of opinion by a qualified professional(s)
either acknowledging or denying the presence of Flood Plain in
accordance with Section 15-80, Wetlands in accordance with
Section 15-85, and Buffers in accordance with Section 15-92;
and
15-47.A.6 A standard engineering scaled drawing depicting any
proposed major Stormwater Facilities on a topographic map
depicting any offsite upstream drainage area and the
characteristics of the downstream facilities receiving discharge
from the Development.
15-47.A.7 An exhibit at standard engineering scale is also required
that is used as the basis to determine the extent of existing
Impervious Area, proposed developed Impervious Area, and
extent of area to be disturbed in the construction of the
Development.
15-47.A.8 A statement from the Applicant acknowledging that all
stormwater submittals shall be made available for inspection and
copying by the County, notwithstanding any exemption from
inspection and copying for such materials under the Illinois
Freedom of Information Act, upon the written request of either: i)
the Applicant ii) any subsequent owner of the subject property;
or iii) any governmental unit having planning or drainage
jurisdiction within 1 and 1/2 mile of the subject property.
15-47.B Upon completion of the Stormwater Facilities, a record drawing
signed and sealed by either a Professional Engineer or a Professional
Article V. Certification Submittals
Sections 15-47 through 15-53 Page 28 of 157
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.
15-47.C An informational note acknowledging the presence of on-site
Wetlands, Buffers, Flood Plains, and PCBMPs with drainage areas 1
acre or greater, shall be recorded against the title to alert all future
owners and shall reference the Stormwater Management
Certification number.
15-47.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 Ordinance. 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.
15-47.D.1 A scaled plan or plans illustrating the major and minor
conveyance system, including:
15-47.D.2 Size, type, length and inverts of conveyance Structures
including drainage pipes, culverts, manholes, catch basins,
inlets, and drain tiles.
15-47.D.3 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.
15-47.D.4 A scaled exhibit illustrating the proposed impervious
surfaces of the Development.
15-47.D.5 Calculations of the percentage of impervious surfaces
after complete construction of the proposed Development.
15-47.D.6 Scaled plans illustrating the location of and details for site
runoff storage.
15-47.D.7 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.
15-47.D.8 When site runoff storage special is required, calculations
that demonstrate the specified post Development discharges
have not exceeded the predevelopment values.
15-48. Wetland and Buffer Impact Submittals.
15-48.A The submittal shall include all the following information unless
the Director or Administrator concludes otherwise in accordance with
Sections 15-17.A.1.a or 15-85.A.
15-48.A.1 A complete wetland delineation report prepared in
accordance with the Federal Methodology. The report shall also
contain the following.
15-48.A.1.a. Completed USACE wetland delineation data
forms.
15-48.A.1.b. Aerial photograph, or other exhibit, clearly
showing wetland boundaries, location of wetland
Article V. Certification Submittals
Sections 15-47 through 15-53 Page 29 of 157
delineation data points, and offsite Wetlands within 100’
of the property.
15-48.A.1.c. A narrative describing the physical characteristics
and size of each onsite wetland and Buffer including a
floristic inventory list, calculated mean C and Floristic
Quality Index (FQI) calculated for each onsite wetland
area.
15-48.A.1.d. Representative photos of each wetland and its
associated Buffer.
15-48.A.1.e. Copies of the below listed information shall be
provided:
15-48.A.1.e.1. Floristic Inventory List.
15-48.A.1.e.2. NRCS DuPage County Soil Survey
map with legend identifying any mapped hydric
soils.
15-48.A.1.e.3. IDNR Threatened and Endangered
Species consultation (EcoCAT).
15-48.A.1.e.4. National Wetland Inventory Map.
15-48.A.1.e.5. DuPage County Wetland Inventory
Map.
15-48.A.1.e.6. DuPage County Regulatory Flood
Plain Map and Flood Insurance Rate Map.
15-48.A.1.e.7. Site location map with approximate
scale.
15-48.A.2 For critical Wetland Impacts, complete an Alternatives
Analysis in accordance with Section 15-86.B.
15-48.A.3 For impacts to Regulatory Wetlands/Waters of DuPage
greater than 0.1 acre total surface area, or Corps of Engineers
jurisdictional waters or wetland, complete an alternative analysis
in accordance with Section 15-86.C.
15-48.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.
15-48.C The following support documentation is required to be submitted.
The Administrator or Director may waive the requirement to provide
some or all of the following support documentation when considering
the complexity and extent of the proposed Development and its impact:
15-48.C.1 Wetland delineation plan view that includes a depiction of
the Buffer limits (Section 15-92).
15-48.C.2 Statement indicating the date of the wetland boundary
verification and OHWM verification.
15-48.C.3 Indirect impact determination. When required,
documentation including subarea Watershed map and
Article V. Certification Submittals
Sections 15-47 through 15-53 Page 30 of 157
hydrologic calculations with a table summarizing results in
accordance with the analysis in Section 15-87 is required.
15-48.C.4 Development narrative shall include the following
applicable items:
15-48.C.4.a. Description of the functions of the impacted
wetland or Buffer, and how the impacts will be mitigated.
15-48.C.4.b. Historic aerials, if available, to document the
previous site conditions or the extent of farmed wetland.
15-48.C.4.c. Description of Mitigation method, location, and
ratios.
15-48.C.4.d. Description of Mitigation area and plan
objectives.
15-48.C.4.e. Description of management practices. The
document shall include clarification that prescribed burns
and herbicide applications must be performed by
trained/licensed personnel under the proper permits.
15-48.C.4.f. Performance Standards.
15-48.C.4.g. Reporting requirements.
15-48.C.4.h. Hydrology monitoring methodology and goals.
15-48.C.4.i. Implementation schedule.
15-48.C.4.j. Native species list with quantities, size of stock,
seeding rate and/or plug spacing.
15-48.C.4.k. Planting specifications and soil handling.
15-48.C.4.l. Cost estimate to include installation,
management, monitoring, and reporting as anticipated to
meet Performance Standards.
15-48.C.5 Plan view drawings and details, where applicable:
15-48.C.5.a. Existing and proposed topography.
15-48.C.5.b. Delineated wetland and Waters of DuPage
OHWM boundary to a sub meter accuracy or better.
15-48.C.5.c. Buffer boundary.
15-48.C.5.d. Location of impacts to wetland and Buffer.
15-48.C.5.e. A table shall be provided on the plans listing the
total acreage of the existing wetland and Buffer areas,
and the proposed impact and Mitigation areas. These
calculated areas should also be graphically highlighted.
15-48.C.6 Wetland and Buffer Mitigation plan, if applicable, shall
contain the following information:
15-48.C.6.a. Delineate and label planting and seeding zones.
15-48.C.6.b. Delineate and label Mitigation and enhancement
zones.
15-48.C.6.c. Existing and proposed topography.
15-48.C.6.d. Planting methodology and soil handling.
15-48.C.6.e. Proposed wetland and Buffer boundaries.
15-48.C.6.f. Native species list including size of stock, quantity,
seed rate, and spacing of plugs.
15-48.C.6.g. Woody planting locations, if any.
15-48.C.6.h. Signage or physical barrier locations.
15-48.C.6.i. Monitoring well locations, if installed.
Article V. Certification Submittals
Sections 15-47 through 15-53 Page 31 of 157
15-48.C.6.j. Permanent transect locations and photo-
documentation points for monitoring, if required.
15-48.C.6.k. Maintenance and monitoring plan with
Performance Standards.
15-49. Post Construction Best Management Practice Submittal. The Post
Construction Best Management Practice (PCBMP) submittal shall include:
15-49.A A discussion documenting compliance with the requirements of
Article VIII.
15-49.B A listing and discussion of all PCBMPs to be used.
15-49.C Supporting calculations documenting compliance with the
volume reduction BMP requirements.
15-49.D For manufactured PCBMPs, the manufacturer documentation to
support pollutant removal rates shall be supplied.
15-49.E A BMP specific planting/seeding plan for all areas to be
vegetated which shall include:
15-49.E.1 Identified locations for all plantings (e.g., lawn, upland
prairie, wet prairie, etc.), seeding and planting specifications and
methodology.
15-49.E.2 A schedule for installation.
15-49.E.3 Proposed maintenance and monitoring provisions.
15-49.E.4 An opinion of probable cost to construct the BMPs.
15-50. Soil Erosion and Sediment Control Submittal Requirements.
15-50.A Developments that only require approval of the soil erosion and
sediment control provisions of this Ordinance and do not require
approval for any other aspect of this Ordinance shall be reviewed and
processed as a Letter of Permission (LOP). To be eligible for a LOP,
in addition to the requirements of this Ordinance, the Applicant must
certify that he is aware of the design requirements of the IEPA NPDES
ILR10 permit and certify that the plan meets those requirements.
15-50.B For Developments with less than one acre of land disturbance
that are not part of a larger common plan, a qualified designer shall
certify that the Development meets the soil erosion and sediment
control design criteria found in Article VII have been met. However,
formal submittal of the information under Section 15-50.D. is
unnecessary unless the Director or Administrator requests
demonstration of compliance with these provisions.
15-50.C For Developments that disturb one or more acres of land area,
or will disturb less than one acre of land, but are part of a larger common
plan that will ultimately disturb one or more acre land area, the
Applicant shall prepare and provide a copy of a SWPPP in accordance
with the requirements of Illinois Environmental Protection Agency
General NPDES Permit No. ILR 10, Part IV.D.1.a-f (Contents of Plan),
Part IV.D.2.a-d (Controls), Part IV.D.3 (Maintenance) and Part IV.D.4.a-
f (Inspections). The plan prepared for the SWPPP may be submitted as
the SESC Plan for the Development.
15-50.D If the SESC plan does not appear adequate to comply with the
design requirements of Article VII, in the opinion of the Administrator
Article V. Certification Submittals
Sections 15-47 through 15-53 Page 32 of 157
or Director, then the Administrator or Director may require submittal
of any or all of the following to demonstrate the plan’s compliance. Site
maps which indicate:
15-50.D.1 One foot contours with delineated sub-basins.
15-50.D.2 Approximate slopes anticipated before and after major
grading activities.
15-50.D.3 Locations where vehicles enter or exit the site and,
controls to prevent offsite sediment tracking areas, and concrete
washout controls and procedures, limits of soil disturbance, and
the location of major structural and nonstructural controls
identified in the plan.
15-50.D.4 The location of areas where stabilization practices are
expected to occur.
15-50.D.5 Surface waters (including Wetlands), and locations
where stormwater is discharged to a surface water.
15-50.D.6 Developments that will extend through winter shall
provide a description of winter specific soil erosion and sediment
control measures to be implemented.
15-50.D.7 A description of the nature of the construction activity or
demolition work.
15-50.D.8 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.
15-50.D.9 An estimate of the total area of the site, and the total area
of the site that is expected to be disturbed by excavation,
grading, or other activities.
15-51. Submittal Requirements for Development in the Regulatory Flood Plain.
15-51.A Developments located in the Regulatory Flood Plain shall, at
a minimum, provide the following:
15-51.A.1 A copy of the effective FIRM, RFM, and DFIRM (if
available) drawn to scale and showing the limits of the
Regulatory Flood Plain, Regulatory Floodway, and the
boundaries of the Development Site. If available, a FIRMette
should be made for the Development Site. A FIRMette is a full-
scale section of a FEMA FIRM) that is created through FEMA’s
website.
15-51.A.2 Engineering calculations and designs that demonstrate
the proposed Development meets the Flood Plain
requirements of this Ordinance. All calculations and designs
shall be prepared, signed, and sealed by a Professional
Engineer.
15-51.A.3 A topographical map of the Development Site, showing
the boundaries of the Development Site and the limits of the
existing and proposed conditions Zone A Regulatory Flood
Plain and Regulatory Floodway.
Article V. Certification Submittals
Sections 15-47 through 15-53 Page 33 of 157
15-51.A.4 The Applicant shall obtain and provide copies of all
required local, state, and federal permits prior to approval for a
Stormwater Management Certification.
15-52. RESERVED
15-53. RESERVED
Article VI. Performance Security and Easements
Sections 15-54 through 15-57 Page 34 of 157
ARTICLE VI. PERFORMANCE SECURITY and EASEMENTS
15-54. Performance Security
15-54.A General Security Requirements.
15-54.A.1 As security to the County or the Waiver Community for
the performance by the Developer of the Developer's
obligations to complete the construction of any Stormwater
Facilities required by the Stormwater Management
Certification, to ensure that such Stormwater Facilities
function as designed after construction, to pay all costs, fees,
and charges due from the Developer pursuant to this Ordinance
or the applicable Waiver Community Ordinance, and to
otherwise faithfully perform the Developer's undertakings
pursuant to this Ordinance or the applicable Waiver Community
Ordinance, the Developer shall, prior to issuance of a
Stormwater Management Certification and in accordance with
Section 15-40.D, post performance security and grant
easements as hereafter described.
15-54.A.2 The Developer shall bear the full cost of securing and
maintaining the securities required by this Article VI in
accordance with Section 15-40.D.
15-54.A.3 Performance Security required by this Article VI may be
posted in the form of one or more surety instruments as the
Director, or Administrator, deems appropriate for the proposed
Development.
15-54.A.4 Public bodies shall not be required to post Performance
Security under this Article VI for Development activities which
involve construction, improvement, relocation, or demolition
work paid for in whole or in part with public funds.
15-54.A.5 The Developer shall grant the County, or Waiver
Community, a temporary easement which authorizes, but does
not obligate, the County, or Waiver Community, to access the
Development Site to perform or complete any act or work the
Developer is required to do by the Stormwater Management
Certification which may include; (i) the construction of any
required Stormwater Facilities; (ii) restoration and/or
Mitigation of natural areas, Wetlands and Buffers; (iii)
installation and Maintenance of soil erosion control; (iv) planting
or removal of vegetation; and (v) any other maintenance or
monitoring. The term for such easements shall be of sufficient
duration as necessary to allow the County, or Waiver
Community, to perform and satisfactorily complete any activity
or work for which the Developer/certificate holder has posted
security under this Article VI.
15-54.B Development Security
15-54.B.1 A development security shall be posted and shall include:
15-54.B.1.a. A schedule, agreed upon by the Developer and
the Director or the Administrator, for the completion of
Article VI. Performance Security and Easements
Sections 15-54 through 15-57 Page 35 of 157
the construction of any Stormwater Facilities required
by the Certification; and
15-54.B.1.b. An irrevocable letter of credit, or such other
adequate security as the Director or the Administrator
may approve, in an amount equal to not less than one
hundred ten percent (110%) of the estimated probable
cost to complete the construction of any Stormwater
Facilities required by the Stormwater Management
Certification, which estimated probable cost shall be
approved by the Director or the Administrator; and
15-54.B.1.c. A statement signed by the Applicant granting the
Director or the Administrator the right to draw on the
security and the right to enter the Development Site to
complete required work in the event that work is not
completed according to the work schedule; and
15-54.B.1.d. A statement signed by the Applicant that the
Applicant shall indemnify the Community and the
Department for any additional costs incurred attributable
to concurrent activities of or conflicts between the
Applicant's contractor and the Community's or
Department's remedial contractor at the site.
15-54.B.2 The security required by this Section 15-54.B shall be
maintained and renewed by the Applicant, and shall be held in
escrow by the Director or the Administrator until the conditions
set forth in this Section 15-54.B.2 and Section 15-55 or other
applicable provision are satisfied.
15-54.B.3 After approval of Record Drawings and final inspection
of any constructed Stormwater Facilities by the Director or the
Administrator, not more than ninety percent (90%) of the
security provided for in this Section 15-54.B or other applicable
provision may be released. A minimum of ten percent (10%) of
the security shall be retained after completion of construction of
such Stormwater Facilities, for a period of time not less than
one (1) year, to ensure the satisfactory performance of such
Stormwater Facilities. The remaining Development Security
shall be released after the Director or the Administrator
verifies, by an inspection performed not sooner than one-year
following the final construction inspection, that such Stormwater
Facilities function as provided for in the Certification.
15-54.C Soil Erosion and Sediment Control Security
15-54.C.1 If a soil erosion and sediment control security is required
pursuant to Section 15-40.D.2 of this Ordinance, such a security
shall include:
15-54.C.1.a. An irrevocable letter of credit, or such other
adequate security as the Director or the Administrator
shall approve, in an amount equal to not less than one
hundred ten percent (110%) of the estimated probable
cost to install and maintain the erosion and sediment
Article VI. Performance Security and Easements
Sections 15-54 through 15-57 Page 36 of 157
control measures, which estimated probable cost shall be
approved by the Director or the Administrator; and
15-54.C.1.b. A statement signed by the Applicant granting the
Director or the Administrator, as applicable, the right to
draw on the security and the right to enter the
Development Site to complete erosion and sediment
control measures in the event that such measures are not
installed and maintained according to the established
schedule.
15-54.C.2 The security required by this Section 15-54.C shall be
maintained and renewed by the Applicant, and shall be held in
escrow by the Director or the Administrator, as applicable, until
the conditions set forth in Sections 15-54.C.3 and 15-55 are
satisfied.
15-54.C.3 After establishment of vegetation, removal of all sediment
from Stormwater Facilities unless designed otherwise, and
final inspection and approval by the Director or the
Administrator, as applicable, one hundred percent (100%) of
the erosion and sediment control security shall be released.
15-54.D Natural Area Restoration, Wetland and Buffer Mitigation Area
Security
15-54.D.1 Natural area restoration or wetland and Buffer
Mitigation area security, in accordance with Section 15-40.D.3
shall be posted and shall include:
15-54.D.1.a. A schedule, agreed upon by the Developer and
the Director or the Administrator, for the completion of
a natural area restoration Development or completion of
wetland or Buffer Mitigation Development; and
15-54.D.1.b. An irrevocable letter of credit, or other such
adequate security as the Director or the Administrator
may approve, in an amount equal to, not less than, one
hundred ten percent (110%) of the estimated probable
cost to plant, maintain and monitor all vegetated areas
and/or complete the restoration or Mitigation
Development for the agreed upon maintenance and
monitoring period as required by the Certification. The
estimated probable cost shall be approved by the
Director or the Administrator; and
15-54.D.1.c. A statement signed by the Applicant granting the
Director or the Administrator the right to draw on the
security and the right to enter the Development Site to
complete the work in the event that work is not completed
according to the work schedule; and
15-54.D.1.d. A statement signed by the Applicant that the
Applicant shall indemnify the Community and the
Department for any additional costs incurred attributable
to concurrent activities of, or conflicts between, the
Applicant's contractor and the Community's or
Department's remedial contractor at the site.
Article VI. Performance Security and Easements
Sections 15-54 through 15-57 Page 37 of 157
15-54.D.2 The security required by Section 15-54.D shall be
maintained and renewed by the Applicant, and shall be held in
escrow by the Director or the Administrator until the conditions
set forth in Section 15-54.D.4 and Section 15-55, or other
applicable provision are satisfied.
15-54.D.3 The natural area restoration or wetland and Buffer
Mitigation areas security may be reduced at the discretion of
the Director or Administrator as conditions are met, but must
not be less than one hundred ten percent (110%) of the
estimated probable cost to continue to meet all conditions or
other applicable provisions
15-54.D.4 After approval by the Director or the Administrator, not
more than ninety percent (90%) of the security provided for in
this Section 15-54.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 (1) year from the completion of
the initial restoration or Mitigation activities, to ensure the
satisfactory establishment of any vegetated areas required by
the Certification.
15-54.E Letters of Credit
15-54.E.1 Letters of credit posted pursuant to Section 15-54.B, 15-
54.C, and 15-54.D of this Ordinance shall be in a form
satisfactory to the Director or the Administrator, as applicable.
15-54.E.2 Each letter of credit shall be from a lending institution: (a)
acceptable to the Director or the Administrator, as applicable;
(b) having capital resources of at least ten million dollars
($10,000,000), or such other amount acceptable to the Director
or the Administrator; (c) with an office in the Chicago
Metropolitan Area; and, (d) insured by the Federal Deposit
Insurance Corporation.
15-54.E.3 Each letter of credit shall, at a minimum, provide that:
15-54.E.3.a. It shall not be canceled without the prior written
consent of the Director or the Administrator; and
15-54.E.3.b. It shall not require the consent of the Developer
prior to any draw on it by the Director or the
Administrator; and
15-54.E.3.c. If at any time it will expire within 45 or any lesser
number of days, and if it has not been renewed, and if
any applicable obligation of the Developer for which its
security remains uncompleted or is unsatisfactory, then
the Director or the Administrator may, without notice
and without being required to take any further action of
any nature whatsoever, call and draw down the letter of
credit and thereafter either hold all proceeds as security
for the satisfactory completion of all such obligations or
employ the proceeds to complete all such obligations and
reimburse the County or the Waiver Community for any
and all costs and expenses, including legal fees and
Article VI. Performance Security and Easements
Sections 15-54 through 15-57 Page 38 of 157
administrative costs, incurred by the County or the
Waiver Community, as the Director or the
Administrator shall determine.
15-54.E.4 If at any time the Director or the Administrator
determines that the funds remaining in the letter of credit are not,
or may not be, sufficient to pay in full the remaining unpaid cost
of all Stormwater Facility construction or erosion and sediment
control measures, then, within ten (10) days following a demand
by the Director or the Administrator, the Developer shall
increase the amount of the letter of credit to an amount
determined by the Director or the Administrator to be sufficient
to pay such unpaid costs. Failure to so increase the amount of
the security shall be grounds for the Director or the
Administrator to draw down the entire remaining balance of the
letter of credit.
15-54.E.5 If at any time the Director or the Administrator
determines that the bank issuing the letter of credit is without
capital resources of at least ten million dollars ($10,000,000), is
unable to meet any federal or state requirement for reserves, is
insolvent, is in danger of becoming any of the foregoing, or is
otherwise in danger of being unable to honor such letter of credit
at any time during its term, or if the Director or the
Administrator otherwise reasonably deems the bank to be
insecure, then the Director or the Administrator shall have the
right to demand that the Developer provide a replacement letter
of credit from a bank satisfactory to the Director or the
Administrator. Such replacement letter of credit shall be
deposited with the Director or the Administrator not later than
ten (10) days following such demand. Upon such deposit, the
Director or the Administrator shall surrender the original letter
of credit to the Developer.
15-54.E.6 If the Developer fails or refuses to meet fully any of its
obligations under this Ordinance or the applicable Waiver
Community Ordinance, then the Director or the
Administrator may, in his or her discretion, draw on and retain
all or any of the funds remaining in the letter of credit. The
Director or the Administrator thereafter shall have the right to
take any action he or she deems reasonable and appropriate to
mitigate the effects of such failure or refusal, and to reimburse
the County or the Waiver Community from the proceeds of the
letter of credit for all of its costs and expenses, including legal
fees and administrative expenses, resulting from or incurred as
a result of the Developer's failure or refusal to fully meet its
obligations under this Ordinance or the applicable Waiver
Community Ordinance. If the funds remaining in the letter of
credit are insufficient to repay fully the County or the Waiver
Community for all such costs and expenses, and to maintain a
cash reserve equal to the required letter of credit during the
entire time such letter of credit should have been maintained by
Article VI. Performance Security and Easements
Sections 15-54 through 15-57 Page 39 of 157
the Developer, then the Developer shall, upon demand of the
Director or the Administrator therefore, immediately deposit
with the Director or the Administrator such additional funds as
the Director or the Administrator determines are necessary to
fully repay such costs and expenses and to establish such cash
reserve.
15-55. Long-Term Access for Maintenance and Inspections.
15-55.A Access to privately-owned land for inspection and Maintenance of
site runoff storage facilities, Compensatory Storage facilities, Major
Stormwater System, and storm sewers 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.
15-55.B Subdivision site runoff storage areas, Compensatory Storage
facilities, Major Stormwater System, and storm sewers not already
located in dedicated rights-of -way or easements, shall be located either:
(i) on a Parcel granted or dedicated to, and accepted by, a public entity;
or, (ii) 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.
15-55.C When title to the land underlying site runoff storage areas and storm
sewers is conveyed in undivided equal interests to the owner(s) of each
of the lots within the subdivision the following apply:
15-55.C.1 A covenant shall appear on the face of the plat of
subdivision, and on each deed conveying ownership of a
subdivision lot, which states that title to such site runoff storage
facilities and storm sewers shall be held in undivided equal
interests by each lot owner within the subdivision; and
15-55.C.2 A covenant shall appear on the face of the plat of
subdivision, and on each deed conveying ownership of the
subdivision lots, which states that in the event the governmental
unit having easement rights under Section 15-55.A exercises its
right to perform Maintenance to such subdivision runoff storage
facilities and storm sewers, that governmental unit may lien each
lot within the subdivision for the costs of any Maintenance work
performed; and
15-55.C.3 An owners’ association may be established to provide for
the Maintenance of the facilities, payment of property taxes, and
the assessment and collection of owner dues or fees to fund said
activities. Such associations shall be duly incorporated and the
property owners' association’s declaration of covenants and
bylaws shall be recorded against the title for all lots in that
subdivision.
Article VI. Performance Security and Easements
Sections 15-54 through 15-57 Page 40 of 157
15-55.D When title to the land underlying the site runoff storage areas and
storm sewers are located on privately-owned land not falling within the
scope of Section 15-55.C, the following shall apply:
15-55.D.1 The Applicant shall reserve an easement for access for
Maintenance and inspection purposes to any governmental unit
having drainage and, or, stormwater management jurisdiction
over the property; and
15-55.D.2 The Applicant shall record a covenant against title
stating that in the event the governmental unit having easement
rights under Section 15-55.A exercises its right to perform
Maintenance to site runoff storage facilities and storm sewers
on that property, that governmental unit may lien the property for
the costs of any Maintenance work performed.
15-56. RESERVED
15-57. RESERVED
Article VII. Soil Erosion and Sediment Control Requirements
Sections 15-58 through 15-62 Page 41 of 157
ARTICLE VII. SOIL EROSION AND SEDIMENT CONTROL REQUIREMENTS
15-58. Soil Erosion and Sediment Control General Requirements
15-58.A Soil erosion and sediment control features shall be considered
as part of any Development’s initial site planning process. Soil erosion
and sediment control related measures are required to be constructed
and maintained for any land disturbance activity. The following factors
shall be addressed:
15-58.A.1 The susceptibility of the existing soils to erosion
15-58.A.2 Existing native and mature vegetation
15-58.A.3 Existing natural or established drainage ways
15-58.A.4 The natural contours of the land
15-58.A.5 Development phasing
15-58.A.6 Emphasis first on erosion control, then sediment control.
15-58.A.7 Winter shutdown
15-58.B Temporary erosion and sediment control measures shall be
functional and consistent with this Article of the Ordinance and the
NPDES Stormwater Permit in effect prior to land disturbance activities.
15-58.C Soil disturbance shall be conducted in a manner that minimizes
erosion. Areas of the Development Site that will not be graded shall be
protected from construction traffic or other disturbance until stabilization
of the disturbed areas has been completed.
15-58.D Soil stabilization measures shall include the use of temporary or
permanent measures.
15-59. Soil Erosion and Sediment Control Plan Design Criteria
15-59.A Channels and adjoining properties shall be protected from
erosion and sedimentation. W here concentrated flow leaves a
Development Site, effective energy dissipation shall be placed onsite
at discharge locations.
15-59.B Erosion control blanket shall be required on all interior site runoff
storage facilities side slopes between normal water level and high water
level.
15-59.C Erosion control blanket to be placed in wetland or Buffer shall
be 100% biodegradable, unless an alternative material is approved by
the Director or Administrator. This requirement does not include turf
reinforcement mats or other structural materials necessary for high
erosion or scour areas.
15-59.D Land disturbance activities in streams shall be avoided, where
possible. If disturbance activities are unavoidable, the following
requirements shall be met:
15-59.D.1 Temporary stream crossings shall be constructed of non-
erosive material.
15-59.D.2 The time and area of disturbance of a stream shall be
kept to a minimum. The stream, including bed and banks, shall
be restabilized within 48 hours after Channel disturbance is
completed.
15-59.E Soil erosion and sediment control measures shall be placed
where there is a potential for erosion and sized appropriately for the
Article VII. Soil Erosion and Sediment Control Requirements
Sections 15-58 through 15-62 Page 42 of 157
tributary drainage area, and disturbed areas draining less than one acre
shall, at a minimum, be protected by a Filter Barrier (including filter
fences, which at a minimum, meet the applicable sections of the
AASHTO Standard Specification 288-00, or equivalent control
measures) to control all off-site runoff from disturbed areas. The Filter
Barrier shall be designed in accordance with the following:
15-59.E.1 The use of straw bales as a Filter Barrier or ditch check
is prohibited.
15-59.E.2 Silt Fences can be used to intercept sheet flow only. Silt
Fences cannot be used as velocity checks in ditches or swales,
nor can they be used where they will intercept concentrated
flows.
15-59.E.3 Ditch checks shall be constructed using non-erodible
materials or prefabricated devices. Straw or hay bales are not
acceptable.
15-59.E.4 Reinforced Silt Fences (normal Silt Fence reinforced
with woven wire fencing) can be used to intercept sheet flow
Runoff from disturbed areas greater than one acre.
15-59.E.5 All undisturbed wetland, Flood Plain, 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 :
15-59.E.5.a. A dual row of Silt Fence, and a row of orange
construction fence; or
15-59.E.5.b. A dual Silt Fence barrier, with one of the fences
being of high visibility material.
15-59.E.5.c. Alternative practices offering comparable
protection to wetland, Flood Plain, waters, and Buffer
may be used to prevent impact where applicable.
15-59.E.5.d. Additional soil erosion and sediment control
measures may be required to adequately protect these
sites.
15-59.F Disturbed areas with drainage areas of one (1) acre or greater,
but fewer than 5 acres shall, at a minimum, be protected by a Sediment
Trap or equivalent control measure at a point downslope of the
disturbed area.
15-59.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 15-59.H, with a perforated filtered riser pipe or equivalent control
measure at a point downslope of the disturbed area.
15-59.H Sediment Basins shall have both a permanent pool (dead
storage) and additional volume (live storage) with each volume equal to
the Runoff amount of a 2 year, 6 hour event over the onsite
hydrologically disturbed tributary drainage area to the Sediment Basin.
The available sediment volume below normal water level, in addition to
the dead storage volume, shall be sized to store the estimated sediment
load generated from the site over the duration of the construction period.
For construction periods exceeding 1 year, the 1 year sediment load
and a sediment removal schedule may be submitted. If the site runoff
Article VII. Soil Erosion and Sediment Control Requirements
Sections 15-58 through 15-62 Page 43 of 157
storage basin for the proposed Development condition of the site is
used for Sediment Basin, the above volume requirements will be
explicitly met. Until the site is finally stabilized, the basin permanent pool
of water shall meet the above volume requirements and have a filtered
perforated riser protecting the outflow pipe.
15-59.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.
15-59.J Water removed from traps, basins and other water holding
depressions or excavations must first pass through a sediment control
or filtration device. When dewatering devices are used, discharge
locations shall be protected from erosion. Discharges shall be routed
through an effective sediment control measure (e.g., Sediment Trap,
Sediment Basin or other appropriate measure).
15-59.K All discharges to undisturbed area, stabilized area or
watercourse shall be designed at a non-erosive velocity corresponding
to the soil and vegetative cover of the undisturbed area.
15-59.L All storm sewers, storm drain inlets and culverts that are, or will
be functioning during construction shall be protected by sediment
control measures. The sediment and erosion control measures shall be
maintained until the site is stabilized.
15-59.M A stabilized construction entrance of aggregate underlain with
filter cloth, or graveled road, or access drive, or parking area of sufficient
width and length, and/or vehicle wash down facilities, shall be provided
to prevent soil from being tracked or deposited onto public or private
roadways. Any soil reaching a public or private roadway shall be
removed immediately, or as warranted, and transported to a controlled
sediment disposal area.
15-59.N All temporary and permanent stormwater conveyance
Channels, including ditches, swales, diversions, and the outlets of all
Channels and pipes shall be designed and constructed to withstand
velocities that have the potential to cause damage or soil erosion.
15-59.O Earthen embankments with constructed side slopes steeper
than 3H:1V must be constructed with appropriate stabilization as
approved by the Director or the Administrator.
15-59.P Temporary diversions shall be constructed, as necessary, to
direct all Runoff through an effective sediment control measure (e.g.,
Sediment Trap, Sediment Basin or other appropriate measure).
15-59.Q To the extent possible, soil stockpile locations shall be shown on
the soil erosion and sediment control plan.
15-59.R Soil stockpiles shall not be located in a drainageway, Flood
Plain area or a designated Buffer, unless otherwise approved, under
specific conditions to be established by the Director or Administrator.
15-59.S Stockpiles to remain in place more than three days shall be
provided with soil erosion and sedim ent control measures.
15-59.T The Applicant shall provide adequate receptacles for the
deposition of all construction debris generated during the Development
process. The Applicant shall not cause, or permit, the dumping,
Article VII. Soil Erosion and Sediment Control Requirements
Sections 15-58 through 15-62 Page 44 of 157
depositing, dropping, throwing, blowing, discarding or leaving of
construction material debris upon or into any Development Site,
Channel, pond, Lake, wetland, Buffer or Waters of DuPage County.
The Applicant shall maintain the Development Site free of
uncontrolled construction debris. Construction site operators shall
implement appropriate soil erosion and sediment control, and control
waste such as, discarded Building materials, concrete truck washout,
chemicals, litter, and sanitary waste that may cause adverse impacts to
water quality.
15-59.U All temporary erosion and sediment control measures shall be
removed within 30 days after final stabilization is achieved. Trapped
sediment and other disturbed soils resulting from temporary measures
shall be properly disposed of prior to permanent stabilization.
15-59.V Design criteria, standards and specifications for erosion and
sediment control shall be taken from one of the following sources:
15-59.V.1 Handbooks: Standards and specifications contained in
The Illinois Urban Manual, as amended, DuPage Appendix E
Water Quality Best Management Practices Technical
Guidance Manual and the IDOT Standard Specifications for
Road and Bridge Construction.
15-59.V.2 Other design criteria, standards and specifications,
provided prior written approval is obtained from the
Administrator or Director.
15-59.W Applicant with land disturbing activities greater than 1 acre shall
provide a statement acknowledging that the site complies with the IEPA
NPDES ILR10 permit, if applicable.
15-60. Inspection. Inspections, remedial work, and record keeping for all soil erosion
and sediment control related work shall be performed and documented by the
Applicant in accordance with the requirements of Illinois Environmental
Protection Agency General NPDES Permit No. ILR 10 for sites that fall within
that jurisdiction.
15-61. RESERVED
15-62. RESERVED
Article VIII. Post Construction Best Management Practices
Sections 15-63 through 15-70 Page 45 of 157
ARTICLE VIII. POST CONSTRUCTION BEST MANAGEMENT PRACTICES
15-63. 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 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.
15-63.A PCBMPs are waived for the following Developments:
15-63.A.1 When comparing the Impervious Area of the Pre-
Development 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 2,500 square feet in the aggregate since April 23, 2013;
or
15-63.A.2 The Development is limited to the resurfacing of an
existing roadway; or reconstruction of an existing roadway with
less than 2,500 square feet of Net New Impervious Area per
quarter mile being added compared to the pre-development
condition; or the replacement of an existing culvert or bridge; or
15-63.A.3 The Development is a Regional Stormwater
Management Development or a Flood Control Development
which are also considered to be PCBMPs; or
15-63.A.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
15-63.A.5 The Development is limited to the construction, or re-
construction, of a pedestrian walkway/bike path, in which the
pedestrian walkway/bike path shall not exceed sixteen (16) feet
in width, including shoulders; and is being constructed for
general public use; or
15-63.A.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
15-63.A.7 The Development is a Water or Sewer Improvement
Development; or
15-63.A.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.
15-63.B The following are prohibited from providing on-site infiltration
PCBMPs.
15-63.B.1 Fueling and vehicle maintenance areas.
15-63.B.2 Areas within 400 feet of a known Community water
system well as specified, or within 100 feet of a known private
Article VIII. Post Construction Best Management Practices
Sections 15-63 through 15-70 Page 46 of 157
well, for Runoff infiltrated 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.
15-63.B.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.
15-63.B.4 Development in soils classified as Hydrologic Soils
Group A by the NRCS.
15-63.B.5 Developments over soils with the seasonally high
groundwater table within 2 feet of the surface.
15-64. Post Construction Best Management Practices Design Criteria.
15-64.A PCBMPs shall provide volume and pollutant control using one of the
following practices:
15-64.A.1 Infiltration of 1.25 inches for all new impervious surfaces;
or
15-64.A.2 Native vegetated wetland bottom site runoff storage
basin; or
15-64.A.3 PCBMPs not constructed pursuant to Sections 15-64.A.1
or 15-64.A.2 shall be constructed in accordance with 15-64.C.
15-64.B Design criteria may be taken from the DuPage Appendix E Water
Quality Best Management Practices Technical Guidance Manual or
approved equivalent.
15-64.C If the practices listed under 15.64.A.1 or 15.64.A.2 are not utilized,
then volume control and pollutant control shall be provided separately
for all new impervious surfaces in accordance with the following criteria:
15-64.C.1 The required volume control shall be calculated as the
product of the New Impervious Area and a 1.25” rainfall event.
No abstractions are taken on the rainfall depth.
15-64.C.2 The volume calculated shall be subtracted from any
volume of site runoff storage that is also required.
15-64.C.3 A control structure or underdrain, may be used provided
that the draw down time is between 48 and 96 hours.
15-64.C.4 When a trench or other excavation is used, the expected
void space (typically no greater than 36%) 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
Article VIII. Post Construction Best Management Practices
Sections 15-63 through 15-70 Page 47 of 157
the analysis completed on the material along with the storage
calculations.
15-64.C.5 The bottom/invert of the trench shall be set above the
seasonally high water table.
15-64.C.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.
15-65. 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 6 major Watershed divisions
within the County are identified in Section 15-5.B.
15-66. RESERVED
15-67. RESERVED
15-68. RESERVED
15-69. RESERVED
15-70. RESERVED
Article IX. Site Runoff Conveyance, Storage & Field Tiles
Sections 15-71 through 15-79 Page 48 of 157
ARTICLE IX. SITE RUNOFF CONVEYANCE, STORAGE & FIELD TILES
15-71. Site Runoff Conveyance Requirements
15-71.A Minor Stormwater Systems shall be sized to convey Runoff
from the tributary Watershed under fully developed conditions
consistent with the design requirements of the local jurisdiction.
15-71.B Major Stormwater Systems shall be sized to carry the Base
Flood without causing additional property damage.
15-71.C Design runoff rates shall be calculated by methodologies in
general use for such purposes at the time of application. Stormwater
Facilities draining more than 5-acres shall use event hydrograph
methods. The Director in a Non-W aiver Community or the
Administrator in a Partial Waiver or Complete Waiver Community
may specify certain design tools and methodologies to be used within
the respective Community.
15-71.D Any design runoff rate method shall use Illinois State Water
Survey Bulletin 71 70 northeast sectional rainfall statistics, or for
continuous simulations, the National Oceanic and Atmospheric
Administration continuous rainfall record from 1949 to present at the
Wheaton gage, and shall calculate flow from all tributary area upstream
of the point of design. Facilities with a tributary area over 100-acres will
be required to perform Critical Duration analysis and use the highest
peak discharge for conveyance design, testing events up to a 24-hour
duration.
15-71.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 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 of this Ordinance.
15-71.F Transfers of waters between the major planning Watersheds
shall be prohibited except when such transfers will not violate the
provisions of Section 15-27.A.
15-71.G Stormwater Facilities for Runoff upstream of Flood protection
facilities shall provide for conveyance or storage of Flood waters
without increased potential for damage to real or personal property
during Base Flood conditions.
15-72. Site Runoff Storage. Site runoff storage facilities, consisting of site runoff
storage and a control structure with an emergency overflow shall be required
for all Developments.
15-72.A The following cases or special conditions represent exceptions to
providing site runoff storage:
15-72.A.1 When comparing the Impervious Area of the pre-
development Development Site as it existed as of February 15,
1992 to the with-development Impervious Area of the same
Development Site, excluding any areas of the Development
Site for which detention has already been provided, and the
Impervious Area has not increased by a minimum of 25,000 sq.
ft cumulatively of permitted Development; or
Article IX. Site Runoff Conveyance, Storage & Field Tiles
Sections 15-71 through 15-79 Page 49 of 157
15-72.A.2 When comparing the highest percentage of Impervious
Area of the same Development Site in the 3-years immediately
prior to the date of the Stormwater Management Certification
application to the with-development Impervious Area the
percentage will decrease by a minimum of 5%; or
15-72.A.3 The with-development Impervious Area of the same
Development Site is less than or equal to10%; or,
15-72.A.4 The Development is strictly limited to a Roadway
Development intended for public use, and the with-development
Impervious Area is less than 25,000 square feet compared to
pre-development conditions.
15-72.B When the Development is either a Roadway Development or an
Open Space Development, which are “Special Cases of Development”
as noted in Section 15-41, then only “Site Runoff Storage Special” is
required. Site Runoff Storage Special shall be only that volume of site
runoff storage required such that pre-development peak discharges for
the 2-year, 24-hour duration and the 100-year, 24-hour duration rainfall
events are not increased.
15-72.C The following “Special Cases of Development” are not required to
provide Site Runoff Storage or “Site Runoff Storage, Special”:
15-72.C.1 Bridge and culvert modification, repair, and replacement
Developments; or
15-72.C.2 Streambank stabilization Developments; or
15-72.C.3 Natural area restoration Developments; or
15-72.C.4 Wetland Mitigation sites and wetland Mitigation banks;
or
15-72.C.5 Trails, bikeways and pedestrian walkways that shall not
exceed sixteen (16) feet in width, including shoulders; and are
being constructed for general public use; or
15-72.C.6 Water and Sewer Improvement Developments and all
underground utilities.
15-72.D When site runoff storage is required, it will be calculated as a
volume utilizing the following Development parameters and
procedures.
15-72.D.1 The area for which site runoff storage is to be calculated
will be the limits of grading or land cover disturbance, or a
combination, whichever encompasses the greatest area of the
Development Site, and will also include any Development area
for which site stormwater storage was deferred in Section 15-
72.A.1.
15-72.D.2 The Runoff characteristics of the area will be indexed by
calculating a representative hydrologic parameter. This
parameter will be the NRCS Curve Number unless the
Administrator approves the use of some other generally
accepted engineering practice.
15-72.D.3 The design rainfall depth and duration will be the 100-
year, 24-hour duration ISWS Bulletin 71 70 rainfall depth.
Sectional statistics and rainfall distributions by Huff appropriate
Article IX. Site Runoff Conveyance, Storage & Field Tiles
Sections 15-71 through 15-79 Page 50 of 157
for a 100-year, 24-hour event shall be used unless some other
rainfall and distribution is approved by the Administrator.
15-72.D.4 For purposes of calculating the required volume, a control
structure shall be assumed that limits the peak runoff from the
site to 0.10 cfs/acre for the disturbed area.
15-72.D.5 For sites less than 5-acres in area, the unit area site
runoff storage nomograph from the Northeastern Illinois
Planning Commission (now known as CMAP) publication
“Investigation of Hydrologic Methods for Site Design in
Northeastern Illinois” (Dreher and Price, 1991) will be considered
an acceptable calculation methodology for determining the
volume of site runoff storage required in lieu of modeling.
15-72.D.6 For sites 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 Article VIII) volume if such a volume is required, and
is then referred to as the Modified Required Site Runoff Storage
Volume.
15-72.D.7 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 pre-development, regardless of the provisions of this
section.
15-72.E The details of the design of a site runoff storage facility, which
includes a site runoff storage control structure in accordance with
Section 15-73 (sideslopes, depths, etc.), will be in accordance with any
applicable ordinances of the Waiver Community or in the
unincorporated County, those of the County.
15-72.F If a Development is granted a Variance with respect to the
required site runoff storage volume, then the Applicant shall pay a fee-
in-lieu of site runoff storage per Section 15-97.
15-72.G Small areas of the disturbed area of a Development Site (less
than 5% cumulatively) that are impractical to drain to a site runoff
storage facility (backslopes of landscaping berms for example) may be
allowed to drain off-site without routing through a site runoff storage
facility provided that the areas are primarily vegetated and contain only
incidental amounts of impervious surfaces such as sidewalks, utility
appurtenances, or trails. Such areas do not “penali ze” the allowable
release rate by subtracting the anticipated 100-year discharge from
these areas from the release rate, but may not be included in the area
used for calculating the allowable release rate.
15-73. Site Runoff Storage Control Structures
15-73.A A site runoff storage facility requires a control structure to meet
the peak runoff rate requirements. Its design will be as follows, unless
Article IX. Site Runoff Conveyance, Storage & Field Tiles
Sections 15-71 through 15-79 Page 51 of 157
an alternate design meeting the intent to provide site runoff storage of
a determined volume is approved by the Administrator.
15-73.A.1 The Structure shall be designed so that within the
elevation range at which the site runoff storage volume is
provided, the calculated discharge from the Structure equals
the product of 0.10 cfs/acre multiplied by the disturbed site area,
assuming a free discharge.
15-73.A.2 An overflow conveyance system shall also be designed
to convey a minimum design rate of 1-cfs/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 pre-development. 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 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 Article
X.
15-73.B For locations draining more than 5 acres, but less than 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 Pre-Development Site 2-year
and 100-year, 24-hour duration peak discharges are not increased
compared to the with Development Site condition.
15-73.C For site runoff storage facilities with a tributary area 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 Pre-Development Site peak
discharge in a 2-yr and 100-yr rainfall event of Critical Duration up to
a 24-hour duration.
15-73.D Unless approved by the Director or the Administrator, all site
runoff storage control structure designs shall operate without human
intervention and, when requiring electric power, shall have at least two
independent and Flood resistant sources of power.
15-74. Storage facilities located within the Regulatory Flood Plain shall:
15-74.A Conform to all applicable requirements specified in Article X of
this Ordinance; and
15-74.B Store the required site runoff under all stream flow and
backwater conditions up to the Base Flood Elevation; and
15-74.C Not allow design release rates to be exceeded under any stream
elevation less than the Base Flood Elevation.
15-75. Storage facilities located within the Regulatory Floodway shall:
15-75.A Meet the requirements for locating storage facilities in the
Regulatory Flood Plain; and
Article IX. Site Runoff Conveyance, Storage & Field Tiles
Sections 15-71 through 15-79 Page 52 of 157
15-75.B Be evaluated by performing hydrologic and hydraulic analysis
consistent with the standards and requirements for Watershed Plans;
and
15-75.C Provide a Watershed Benefit.
15-76. Storage facilities may be located off -site if the following conditions are met:
15-76.A The off-site storage facility meets all of the requirements of this
Article IX; and
15-76.B Adequate storage capacity in the off-site facility is dedicated to
the Development; and
15-76.C The Development includes provisions to convey stormwater to
the off-site storage facility.
15-77. Modifications to drainage tiles.
15-77.A Any modification of a drainage tile shall comply with the Illinois
Drainage Code. For the purpose of determining compliance with this
provision, a modification to a drainage tile shall:
15-77.A.1 Preserve the existing tile system’s drainage
characteristics; and
15-77.A.2 Drain tiles located wholly on property under the control of
the Developer may be removed or disabled provided that such
removal does not cause additional Flood damages; and
15-77.A.3 Drain tiles may be discharged as surface flow within a
Development Site provided that no obstruction to the predicted
flow from offsite areas will occur, and the general provisions of
Section 15-27.A are not violated; and
15-77.A.4 Development designs may only utilize, where practical
and approved by the Director or Administrator, outflow
locations with an existing drain tile leaving the Development
Site with the permission of downstream landowners unless the
tile is owned and maintained by a unit of government; and
15-77.A.5 A subsurface connection to the tile shall be constructed
as a low flow outlet. A surface outlet shall be designed for the
Development Site outflows based on the assumption the
downstream tile will cease to function; and
15-77.A.6 Drain tiles shall be replaced or intercepted and connected
to the proposed stormwater management system or a storm
sewer bypass, which system or bypass shall be of an equivalent
size and capacity. The capacity shall be determined by either
the capacity of the existing tile flowing full, in its original
condition, or the existing downstream capacity, whichever is
more restrictive. A flow restrictor structure shall be required as
necessary to achieve the capacity requirements; and
15-77.A.7 Drain tile systems disturbed by Development activities
shall be reconnected unless the approved drainage plan
provides otherwise.
15-77.B Existing, replaced or re-routed tiles within a Development Site shall
be treated as part of the minor drainage system. The type, size, location
and inverts shall be shown on the Record Drawings of the
Article IX. Site Runoff Conveyance, Storage & Field Tiles
Sections 15-71 through 15-79 Page 53 of 157
Development and any further modification to such tiles, or the repair or
removal of damaged tiles, shall require the approval of the Director or
the Administrator.
15-77.C When subsurface Drainage Tiles are detected on a Pre-
Development Site the Applicant shall submit the following:
15-77.C.1 A subsurface drainage inventory including the locations
of identified drainage tiles by means of slit trenching and other
appropriate methods performed by a qualified subsurface
drainage consultant. Any drain tile lines damaged during the
investigation shall be repaired to their previous working status.
15-77.C.2 A topographical map of the Development Site showing:
15-77.C.2.a. 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 50
foot intervals; and
15-77.C.2.b. Location of each drain tile with a flow direction
arrow, tile size, and any connection to adjoining
properties. A summary of the tile investigation report
showing trench identification number, tile size, material
and quality, percentage of the tile filled with water,
percentage of restrictions caused by silting, depth of
ground cover, and working status; and
15-77.C.2.c. The qualifications of the Person or firm
conducting tile location investigation.
15-77.D Replacement of downstream drain tiles shall be required if the
Development Site depends on those tiles for stormwater conveyance
or water surface elevation control. Replacement of the downstream
drain tiles is not required if a maintainable outlet for the site exists or is
installed. Drainage tiles may be maintained, replaced or repaired for
agricultural land use when undertaken in compliance with NRCS
approved farming practices without requiring Stormwater
Management Certification.
15-78. RESERVED
15-79. RESERVED
Article X. Flood Plain Management
Sections 15-80 through 15-84 Page 54 of 157
ARTICLE X. FLOOD PLAIN MANAGEMENT
15-80. Determination of Regulatory Flood Plain, Base Flood Elevation (BFE), and
Regulatory Floodway
15-80.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:
15-80.A.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
15-80.A.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
15-80.A.3 The Director publishes notice that the model will be used
for the purpose of regulating new Building construction.
15-80.B The BFE for purposes of establishing Compensatory Storage will
be based on the current regulatory model as determined in 15-80.D.
15-80.C If neither elevation identified in this section has been established,
then the BFE shall be determined in accordance with 15-80.D.2.
15-80.D The regulatory BFE shall be taken as the 1% chance storm
established from Flood Plain studies that have been completed and
adopted by FEMA as the Regulatory Flood Plain. When a BFE has
not been adopted by FEMA as regulatory, the following hierarchy of
Flood Plain studies shall be used to determine the BFE:
15-80.D.1 Flood Plain studies that have been published by the
Director in accordance with Section 15-80.A.
15-80.D.2 If no Regulatory Flood Plain study or model published
by the Director is available and the Development includes a
Channel with a tributary area 100 acres or greater, or a
depressional storage area with 20 acres or greater of tributary
area, a site specific Flood Plain 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.
15-80.E Where a Channel has a tributary drainage area equal to or
greater than 640 acres, the site specific Flood Plain study completed
in Section 15-80.D.2 shall be submitted to IDNR-OWR for approval or
other designee.
15-80.F The Regulatory Floodway shall be as delineated on the maps
listed in Exhibit 2. Where interpretation is required to determine the
exact location of the Regulatory Floodway, IDNR-OWR shall be
contacted or their designee.
15-80.G If a Floodway is not designated on the maps in Exhibit 2 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
and the tributary area is less than one square mile, then the Regulatory
Flood Plain shall have no designated Floodway.
Article X. Flood Plain Management
Sections 15-80 through 15-84 Page 55 of 157
15-80.H The Flood Protection Elevation (FPE) is the BFE plus one foot
of freeboard.
15-81. Regulatory Flood Plain Development Performance Standards
15-81.A General Performance Standards
15-81.A.1 No Development activity within the Flood Plain shall
result in an Adverse Hydraulic Impact to upstream or
downstream properties.
15-81.A.2 Proposed Developments that meet the following criteria
shall be exempt from the hydrologic and hydraulic modeling
requirements set forth in the Ordinance:
15-81.A.2.a. A Development that is located in the Regulatory
Flood Plain but is located entirely outside of the
Regulatory Floodway, provided the Development
meets the Compensatory Storage requirements of
Section 15-81.D.
15-81.A.2.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:
15-81.A.2.b.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.
15-81.A.2.b.2. The maximum width of the
proposed path is sixteen (16) feet of traveled lane,
including shoulders.
15-81.A.2.c. The construction of a public safety feature, such
as a pedestrian bridge railing or a guard rail for a
roadway, provided the proposed construction of a public
safety feature does not result in a loss of 10% or more of
the existing conveyance cross-sectional area.
15-81.A.2.d. Developments replacing culverts with a
hydraulically equivalent culvert(s).
15-81.A.3 A CLOMR shall be required for any Development that
either: (1) revises the Regulatory Floodway boundary or (2)
encroaches upon a Flood Plain and causes a specified increase
in the BFE, in accordance with FEMA and State regulations.
15-81.A.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 Section 15-81.B. A building permit for a
compliant Structure can be issued without a LOMC.
15-81.A.5 A copy of an application for a LOMC to remove a property
from the SFHA including all the required information,
Article X. Flood Plain Management
Sections 15-80 through 15-84 Page 56 of 157
calculations, and documents shall be submitted to the
Department and Waiver Community concurrent with the
application to FEMA or IDNR-OWR or its designee.
15-81.A.6 In areas outside the Regulatory Floodway but within the
Flood Plain, maximum flow depths on new parking lots that are
used for permanent parking shall not exceed one foot 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. Parking
in areas below the Base Flood Elevation shall be clearly posted
with Flood Hazard signs.
15-81.B Building Protection Standards
15-81.B.1 If a proposed Building is located in a SFHA, all New
Construction and Substantial Improvements shall (i) be
designed (or modified) and adequately anchored to prevent
flotation, collapse, or lateral movement of Building resulting
from hydrodynamic and hydrostatic loads, including the effects
of buoyancy. (ii) be constructed with materials resistant to Flood
damage, (iii) be constructed by methods and practices that
minimize Flood damages, and (iv) be constructed with electrical,
heating, ventilation, plumbing, and air conditioning equipment
and other service facilities that are designed and/or located so
as to prevent water from entering or accumulating within the
components during conditions of Flooding. Existing Buildings
that have not incurred Substantial Damage or meet the
Substantial Improvement criteria may also be modified based
on the above criteria. All construction below the FPE shall be of
Flood resistant materials and conform to provisions in
FEMA/FIA Technical Bulletin 2. All electrical, heating,
ventilation, air conditioning, plumbing, and other appliances shall
be located above the FPE. Storage of materials shall be in
accordance with Section 15-81.C.1, which states that there can
be no storage of certain listed materials below the FPE.
15-81.B.2 New Construction or Substantial Improvements of
residential Buildings within a SFHA shall have the Lowest
Floor elevated to at least the FPE and that the fully enclosed
areas below the Lowest Floor that are usable solely for parking
of vehicles, Building access or storage in an area other than a
basement and which are subject to Flooding shall be designed
to automatically equalize hydrostatic Flood forces on exterior
walls by allowing for the entry and exit of Floodwaters. Designs
for meeting this requirement must either be certified by a
registered Professional Engineer or architect or meet or
exceed the following minimum criteria: A minimum of two
openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to Flooding shall
be provided. The bottom of all openings shall be no higher than
one foot above grade. Openings may be equipped with screens,
Article X. Flood Plain Management
Sections 15-80 through 15-84 Page 57 of 157
louvers, valves, or other coverings or devices provided that they
permit the automatic entry and exit of Floodwaters. Adequate
drainage shall be provided.
15-81.B.3 New Construction and Substantial Improvements of
non-residential Buildings within a SFHA shall (i) have the
Lowest Floor elevated to at least the FPE or, (ii) 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 non-
residential Structure is intended to be made watertight below
the FPE, (i) 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
44CFR60.3 and (ii) 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 44CFR59.22.
15-81.B.4 Manufactured Homes that are placed or substantially
improved within the SFHA on sites (i) outside of a Manufactured
Home Park or subdivision, (ii) in a New Manufactured Home
Park or subdivision, (iii) in an Expansion to an Existing
Manufactured Home Park or subdivision, or (iv) an Existing
Manufactured Home Park or subdivision on which a
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 floatation, collapse and lateral
movement in accordance with the rules and regulations for the
Illinois Mobile Home Tie-Down Act issued pursuant to 77 Ill.
Adm. Code 870, provide adequate access and drainage and if
pilings are used for elevation, applicable design and construction
standards for pilings shall be met.
15-81.B.5 Manufactured Homes to be placed in an Existing
Manufactured Home Park or subdivision within the SFHA not
subject to the provisions of Section 15-81.B.4 shall be elevated
so that either (i) the Lowest Floor of the Manufactured Home
is at least the FPE, or (ii) the Manufactured Home chassis is
supported by reinforced piers or other foundation elements of at
least equivalent strength that are no less than 36 inches in height
above grade and be securely anchored to an adequately
anchored foundation system to resist floatation, collapse, and
lateral movement accordance with the rules and regulations for
the Illinois Mobile Home Tie-Down Act issued pursuant to 77 Ill.
Adm. Code 870, provide adequate access and drainage and if
Article X. Flood Plain Management
Sections 15-80 through 15-84 Page 58 of 157
pilings are used for elevation, applicable design and construction
standards for pilings shall be met.
15-81.B.6 Recreational Vehicles placed on sites within a SFHA be
either (i) be on the site for fewer than 180 consecutive days, (ii)
be fully licensed and ready for highway use, or (iii) meet the
permit requirements of 44CFR60.3(b)(1) and the elevation and
anchoring requirements of Section 15-81.B.4. A Recreational
Vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by a quick disconnect type
utilities and security devices, and has no permanently attached
additions.
15-81.B.7 Accessory Structures such as detached garages and
sheds may be constructed within a SFHA if they meet all of the
following criteria:
15-81.B.7.a. Must be non-habitable, used for the storage of
vehicles and tools, and cannot be modified later into
another use.
15-81.B.7.b. Shall be located outside of the Regulatory
Floodway.
15-81.B.7.c. Shall be on a single lot and be accessory to an
existing principal Building on the same lot.
15-81.B.7.d. 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.
15-81.B.7.e. All electrical, heating, ventilation, air conditioning,
plumbing, and other appliances, or fixed mechanical or
electrical devices shall be located above the FPE.
15-81.B.7.f. 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 and seventy six (576) square feet in size.
15-81.B.7.g. Shall be anchored to resist floatation and
overturning.
15-81.B.7.h. All flammable or toxic materials (gasoline, paint,
insecticides, fertilizers, etc.) shall be stored above the
FPE.
15-81.B.7.i. All construction below the FPE shall be of Flood
resistant materials.
15-81.C Public Health Protection Standards
15-81.C.1 Temporary or permanent storage in the Flood Plain of
the following are prohibited unless elevated or Floodproofed to
one foot above the Base Flood Elevation:
15-81.C.1.a. Items susceptible to Flood damage; or
15-81.C.1.b. Unsecured buoyant materials or materials that
may cause off-site damage including bulky materials,
Article X. Flood Plain Management
Sections 15-80 through 15-84 Page 59 of 157
flammable liquids, chemicals, explosives, pollutants, or
other hazardous materials; or
15-81.C.1.c. Landscape wastes.
15-81.C.2 On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during
Flooding.
15-81.C.3 Sanitary sewer systems shall be designed to eliminate
infiltration or inflow of Flood waters and minimize discharge of
sewage.
15-81.D Compensatory Storage Volume Standards
15-81.D.1 Any placement of fill, Structures, or other materials
above grade in the Flood Plain shall require Compensatory
Storage equal to at least 1.5 times the volume of Flood Plain
storage displaced. The storage shall be provided incrementally
using one of the following methods: i) between the 0 - 10-year
and the 10 - 100-year Flood recurrence intervals; or ii) an
approved equivalent, at a minimum 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 non-incrementally at a ratio of
1:1. Grading in wetland, Flood Plain, or Buffer areas shall be
done in such a manner that the effective Flood Plain storage is
maintained at all times. Compensatory Storage is not required
for Flood protection of existing Buildings for Flood Plain
volume displaced by the Building and within the area of 10 feet
adjacent to the Building.
15-81.D.2 For areas where there is no defined Regulatory
Floodway and a tributary drainage area less than 640 acres, the
Compensatory Storage requirements set forth in Section 15-
81.D shall be waived for Developments that meet either of the
following criteria:
15-81.D.2.a. The cross-sectional Flood Plain area, as defined
by cross-sections through the Development Site, is not
reduced by more than 0.5% at any one cross-section; or
15-81.D.2.b. The total fill volume does not exceed 200 cubic
feet.
15-81.D.3 Existing Flood storage that is lost due to Channel
modification shall require Compensatory Storage at a 1:1 ratio.
15-81.D.4 Flood Plain fill resulting from public Roadway
Developments shall require incremental Compensatory
Storage at a 1:1 ratio.
15-81.D.5 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.
Article X. Flood Plain Management
Sections 15-80 through 15-84 Page 60 of 157
15-82. Regulatory Floodway Performance Standards
15-82.A In the Regulatory Floodway, all of the requirements of Article X
shall apply to any proposed Development, and only the following
Appropriate Uses shall be considered for Certifications:
15-82.A.1 Flood control structures, dikes, Dams and other public
works or private improvements relating to the control of drainage,
Flooding or erosion or water quality or habitat for fish or wildlife;
15-82.A.2 Structures or facilities relating to the use of, or requiring
access to, the water or shoreline, such as pumping and
treatment facilities, and facilities and improvements related to
recreational boating, commercial shipping and other functionally
dependent uses;
15-82.A.3 Storm and sanitary sewer outfalls;
15-82.A.4 Underground and overhead utilities;
15-82.A.5 Recreational facilities such as playing fields and trail
systems including any related fencing built parallel to the
direction of Flood flows;
15-82.A.6 Bridges, culverts, roadways, sidewalks, and railways, and
any modification thereto;
15-82.A.7 Regulatory Floodway regrading, without fill, to create a
positive slope toward a watercourse;
15-82.A.8 Floodproofing activities to protect existing Structures
such as, but not limited to, constructing water tight window wells,
and elevating, without enlarging the footprint;
15-82.A.9 In-ground swimming pools, without fill.
15-82.B Hydrologic and hydraulic impacts of proposed Developments
located in the Regulatory Floodway shall be evaluated using one of
the appropriate models as described in the following hierarchy:
15-82.B.1 FEMA approved Flood Plain study model.
15-82.B.2 Watershed Plan Models or models published by the
Director.
15-82.B.3 Development specific model using FEMA-accepted
methodology.
15-82.C If the hydrologic and hydraulic impacts of Developments located
in the Regulatory Floodway are to be evaluated using FEQ, the
following modeling guidelines shall apply:
15-82.C.1 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.
15-82.C.2 Developments consisting wholly of stream bank
stabilization will not require the use of the FEQ model provided
that the cut and fill portions of the Development are balanced.
15-82.C.3 Use of the FEQ model to evaluate hydrologic and
hydraulic impacts to Wetlands will only be required for wetland
areas that are located within the 100-year recurrence interval
Flood Plain, where the existing FEQ model is the regulatory
model.
Article X. Flood Plain Management
Sections 15-80 through 15-84 Page 61 of 157
15-82.C.4 Evaluation of the results of the FEQ model will use the
following thresholds to determine no adverse impact. In
evaluating FEQ results, it is understood that the term “increases”
as used below constitutes a numeric model tolerance and shall
not be understood to endorse increasing Flood flows or Flood
elevations.
15-82.C.4.a. There will be no increase in elevation for any
storm event greater than 0.1 feet. If this threshold is
exceeded, the Applicant shall prepare a trend analysis
to show if there are any consistent frequency (depth and
duration) of storm events that cause impacts greater than
0.1 feet. If there are no trends determined, then outliers
with 0.25 feet or less shall be acceptable. If a trend is
discernible, the Development shall be reevaluated to
avoid adverse impacts within the determined trend. A
trend is considered 3 or more events within 0.5 feet of
depth that show increases greater than 0.1 feet.
15-82.C.4.b. No increase in flow greater than 10%.
15-82.C.4.c. No increase in velocity greater than 10%, unless
there is either protection to prevent erosion or evidence
that the proposed velocity will be non-erosive.
15-82.D All Developments shall preserve effective Floodway
Conveyance such that there will be no increases in 100-year Flood
elevations, flows, or Floodway velocity, unless any such increases are
contained in a Public Flood Easement and a Watershed Benefit is
provided. Increases in Flood elevations of 0.1 feet or less associated
with bridge and culvert construction are allowable, in accordance with
IDNR-OWR Part 3700 and 3708 rules.
15-82.E Transition sections within the Regulatory Floodway are
required for the calculation of effective conveyance including the
modification and the replacement of existing bridge and culvert
Structures, or to compensate for lost conveyance for other
Appropriate Uses. The following ratios shall be used to calculate
transition sections:
15-82.E.1 Water will expand no faster than one foot horizontal for
every four feet of Flooded stream length.
15-82.E.2 Water will contract no faster than one foot horizontal for
every one foot of Flooded stream length.
15-82.E.3 Water will not expand or contract faster than one foot
vertical for every 10 feet of Flooded stream length.
15-82.F For bridge and culvert replacements within the Regulatory
Floodway where a hydraulic analysis of the Flood Plain is required, a
separate Floodway analysis shall not be required provided that the pre-
and post-construction BFE is not increased based on the hydraulic
analysis of the Flood Plain.
15-82.G For proposed Developments that require a Floodway
construction permit, the County has been delegated the authority to
issue Floodway construction permits on behalf of IDNR-OWR.
However, a permit application must still be submitted to IDNR-OWR.
Article X. Flood Plain Management
Sections 15-80 through 15-84 Page 62 of 157
The County does not have delegated authority for specific types of
permitting, including:
15-82.G.1 Permitting of Developments undertaken by federal or
state agencies including those that are funded, planned, or
designed by federal or state agencies.
15-82.G.2 Permitting of Developments undertaken by the
Department, including those in which the Department is
involved in the planning or design.
15-82.G.3 Permitting of jurisdictional Dams.
15-82.G.4 Permitting of work in public bodies of water, as defined by
IDNR-OWR.
15-82.G.5 State approval of new or revised Regulatory Floodway
limits or regulatory flood profiles.
15-82.G.6 State certification of Flood discharges.
15-82.G.7 State approval of BFE determinations where no
regulatory BFE’s currently exist and the drainage area of the
watercourse is one square mile or greater.
15-83. RESERVED
15-84. RESERVED
Article XI. Wetlands
Sections 15-85 through 15-91 Page 63 of 157
ARTICLE XI. WETLANDS
15-85. Requirements for Wetland Delineation
15-85.A The following should be completed as part of an onsite
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 Section 15-85.B.1. The basis for the decision shall be
documented and placed in the Development file.
15-85.B The boundaries, extent, Hydrology, function and quality of all
wetland areas on the subject property shall be determined by an
Environmental Scientist in accordance with the Federal wetland
delineation methodology. All Development Site wetland boundaries
shall be demarcated in the field and verified by an Environmental
Scientist representing the County, or the Complete Waiver
Community where the wetland is located. Verified wetland boundaries
are valid for two years after the date of verification.
15-85.B.1 If an Environmental Scientist confirms that no
Wetlands are present on or within 100 feet of the Development
Site, the Director, or Administrator within a Complete Waiver
Community, shall document those findings.
15-85.B.2 If Wetlands or waters are determined to be present, a
delineation report shall be prepared documenting boundaries,
extent, function, and quality of wetland, waters, and Buffers in
compliance with all methodologies and definitions set forth in this
Ordinance, or the applicable Waiver Community Ordinance.
15-85.C The boundaries, extent, Hydrology, function, and quality of all
wetland areas on sites in agricultural production shall be determined by
an Environmental Scientist in accordance with the current
methodology. Agricultural areas that have been abandoned for five, or
more, consecutive years shall be delineated in accordance with the
current Federal wetland delineation methodology authorized under
Section 404 of the Clean Water Act.
15-85.D The approximate location, extent, and relative quality of off -site
Wetlands within one hundred (100) feet of the Development shall be
identified by using the first of the following documents or procedures
applicable at the time of delineation:
15-85.D.1 Site specific delineation according to the procedures
specified in accordance with the Federal wetland delineation
methodology.
15-85.D.2 Wetland signatures identifiable from historic and current
aerial photography, as determined by an Environmental
Scientist.
15-85.D.3 DuPage County Wetland Inventory Maps.
15-85.D.4 US Fish and Wildlife Service, National Wetland Inventory
Maps.
15-85.D.5 Wetlands identified in Interim Watershed Plans.
15-85.D.6 Wetlands identified in Watershed Plans.
Article XI. Wetlands
Sections 15-85 through 15-91 Page 64 of 157
15-85.E Wetlands shall be classified as either critical or regulatory based
on the evaluation of the entire wetland complex. Critical wetland status
shall be assigned to those Wetlands that have been determined to
satisfy one of the following Sections 15-85.E.1 through 15-85.E.5 below:
15-85.E.1 Calculate the wetland Qualitative Value using the
Modified Michigan Department of Natural Resources Method. A
score of 5 or higher will be considered a critical wetland.
Alternatively, the mean rated wildlife quality (MRWQ) can be
calculated using the Ludwig Wildlife Habitat Evaluation Method.
A score of 8 or higher will be considered critical wetland. If both
methods are completed, the MRWQ shall prevail.
15-85.E.2 The plant community within the wetland is determined to
have a native floristic quality index (nFQI) of 20 or higher during
a single growing season assessment or a native mean C-value
of 3.5 or greater, as calculated by the Swink & Wilhelm
methodology.
15-85.E.3 The wetland is known to be inhabited by a State listed
threatened or endangered species based on the consultation
with the Illinois Department of Natural Resources.
15-85.E.4 An evaluation of the wetland completed in accordance
with current United States Fish and Wildlife Service review
procedure that confirms the presence or use by listed threatened
or endangered species.
15-85.E.5 If the wetland is identified as a critical wetland in the
County's wetland inventory, confirmation of the Critical status
shall be completed through an evaluation of Sections 15-85.E.1
through 15-85.E.4 above. If the wetland evaluation does not
confirm a critical status, the wetland shall be considered
“regulatory” for purposes of this Ordinance.
15-86. Requirements for Development Affecting Wetlands
15-86.A Development affecting Wetlands may not occur without
Certification, or letter of permission, if applicable.
15-86.B Development proposing to affect Critical Wetlands must
demonstrate through an Alternatives Analysis that the presence of
Critical Wetlands precludes all economic use of the entire Parcel, and
that no Practicable Alternative to wetland modification exists, and that
the proposed Development represents the least damaging alternative
while still achieving the Basic Development Purpose. If the impact is
determined to be allowable, the impacted area shall be mitigated in
accordance with Section 15-88.
15-86.C Development proposing to affect a Regulatory Wetland must
demonstrate through an Alternatives Analysis that the proposed
Development represents the least damaging alternative while still
achieving the Basic Development Purpose. If the impact is
determined to be allowable, the impacted area shall be mitigated in
accordance with Section 15-88. The following exception applies:
15-86.C.1 The Director, or Administrator in a Complete Waiver
Community, shall waive the requirement for completion of a
Article XI. Wetlands
Sections 15-85 through 15-91 Page 65 of 157
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:
15-86.C.1.a. the wetland(s) is regulatory; and
15-86.C.1.b. none of the wetland(s) to be impacted is over 0.1
acres in size; and
15-86.C.1.c. the wetland(s) to be impacted are not jurisdictional
under the USACE; and
15-86.C.1.d. the wetland(s) to be impacted are located entirely
within the Development’s platted lot(s), and
15-86.C.1.e. There will be no indirect impacts to remaining
wetland area(s), and
15-86.C.1.f. The wetland(s) to be impacted are not part of a
wetland Mitigation Development, and
15-86.C.1.g. The impact is in line with the Basic Development
Purpose.
15-86.D Development proposing to temporarily affect a Regulatory Wetland
is allowable provided the impacted wetland is restored pursuant to
Section 15-88.D.
15-86.E Vegetative Maintenance within wetland may be allowed through
issuance of a Letter of Permission under the following conditions. A
written description of the Development goals, objectives, and
management plan must be provided for approval to the Director or
Administrator of a Waiver Community. As long as the Development
does not require Stormwater Management Certification for any other
aspect of the Development, the Director or Administrator of a Waiver
Community may issue a Letter of Permission to allow the Maintenance
activity.
15-87. Indirect Impacts to Wetlands
15-87.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:
15-87.A.1 The Wetlands occur at or below the OHWM of a
waterway on which the hydraulics will not be changed; or,
15-87.A.2 The Development is a streambank stabilization project;
or,
15-87.A.3 The Director of Administrator in a Complete Waiver
Community concurs that there is no potential for adverse
impact.
15-87.B A Development or hydraulic alteration is considered to have an
indirect impact if one of the following limitations thresholds are
exceeded:
15-87.B.1 An Increase or decrease in the high water level of more
than 3 inches in the 2.03 inch6-month, 2.51 inch1-yr, and 3.04
inch2-yr, twenty-four (24) hour rainfall events; or
15-87.B.2 Changes in the wetland’s draw down time resulting in an
increase or decrease of greater than 48 hours from the peak
elevation to the normal water level. The draw down times must
Article XI. Wetlands
Sections 15-85 through 15-91 Page 66 of 157
be calculated for the 6-month, 1-yr, and 2-yr2.03 inch, 2.51 inch,
and 3.04 inch, twenty-four (24) hour rainfall event for both the
existing and proposed conditions; or
15-87.B.3 An increase in the duration of inundation of more than
20% from existing to proposed conditions for the 5.5125-yr and
7.58 inch100-yr, twenty-four (24) hour rainfall event. A minimum
increase of 48 hours is allowed for these storm events.
15-87.B.4 The Director, or Administrator in a Complete Waiver
Community, 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.
15-87.B.415-87.B.5 If FEQ analysis is used to determine if the
thresholds of 15-87.B are exceeded, the Director shall make
available a small subset of historical storm events considered
equivalent to the steady state rainfall events established in 15-
87.B.1 through 15-87.B.3 that must be simulated in FEQ.
Alternate rainfall distributions may be considered at the
discretion of the Director, or Administrator in a Complete Waiver
Community.
15-87.C Under certain circumstances, the Director, or Administrator in a
Complete Waiver Community, 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.
15-87.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
15-87.B may be reduced by the Director, or Administrator in a
Complete Waiver Community.
15-88. Wetland Mitigation Requirements
15-88.A Mitigation for Wetland Impacts shall take place in the same
Watershed Planning Area as the affected wetland. For the purpose of
Section 15-88, the three Watershed Planning Areas are defined as the
Salt Creek (including the Des Plaines River and Sawmill Creek), East
Branch DuPage River and West Branch DuPage River, as shown on
Exhibit 1. If Mitigation is not practicable within the same Watershed,
the Director or Administrator may allow out of Watershed Mitigation,
following a request in writing by the Applicant. The designs and
analyses of all wetland Mitigation measures shall meet the applicable
standards of the Plan.
15-88.B Mitigation for Permanent Wetland Impacts shall be provided
as follows:
15-88.B.1 Three to one (3:1) for permanent Development impacts
within Critical Wetlands.
15-88.B.2 One and one half to one (1.5:1) for permanent
Development impacts within Regulatory Wetlands,
Article XI. Wetlands
Sections 15-85 through 15-91 Page 67 of 157
15-88.B.3 Natural area restoration Developments shall provide
wetland Mitigation for Permanent Wetland Impacts at a
minimum proportional rate of one to one (1:1).
15-88.B.4 Developments that contain both Development and
restoration components shall mitigate at the ratios listed above
applicable to each type of impact.
15-88.B.5 If a wetland Mitigation area is disturbed prior to
acceptance, the impact shall be mitigated at a one to one (1:1)
rate. Restoration of the impacted area can constitute fulfillment
of the one to one requirement. If a wetland Mitigation area is
impacted following acceptance, the impact must be mitigated at
the appropriate critical or regulatory proportional rate.
15-88.B.6 In order to be eligible for credit, the Mitigation must meet
the Performance Standards referenced by the Stormwater
Management Certification.
15-88.C The Director or Administrator may allow partial Mitigation
credit for the following, provided that wetland creation for Permanent
Wetland Impacts does not fall below a 1:1 ratio. A credit may not be
counted twice.
15-88.C.1 Enhancement or restoration of an existing wetland will be
credited at a ratio of 0.5:1.
15-88.C.2 Enhancement, restoration, or creation of Buffer will be
credited at a ratio of 0.25:1.
15-88.D Temporary Wetland Impacts shall be restored in place. The
disturbed area must be returned to its original contour and general soil
profile, be restored to a comparable wetland community type, and
exhibit an FQI no lower than that of the original wetland in accordance
with the approved Performance Standards. The Director or
Administrator in a Complete Waiver Community shall make a
determination as to whether the proposed impacts will be considered
temporary.
15-88.E The Applicant may request an alternative community type, if the
Development is part of a natural area restoration Development, and
documentation is provided describing the restoration plan and goals.
15-88.F Mitigation for depressional storage lost within Wetlands shall
be provided in accordance with Section 15-81.D of this Ordinance.
15-88.G Wetland creation shall only take place within areas that are
currently non-wetland.
15-88.H Development or the removal of Native Vegetation in the
existing wetland shall be initiated only after a plan has been approved
and adequate securities are provided as specified in Article VI of this
Ordinance.
15-88.I Wetland Mitigation areas shall incorporate native, non-invasive
species and be designed to duplicate or improve the hydrologic and
biologic function of the original wetland.
15-88.J A native Buffer is required to protect the Mitigation wetland
from surrounding land uses. Buffers shall be 100' for Mitigation
adjacent to Critical Wetlands and 50' adjacent to Regulatory
Wetlands, unless the Director or Administrator concludes otherwise.
Article XI. Wetlands
Sections 15-85 through 15-91 Page 68 of 157
15-88.K Evaluation of Wetland Hydrology for Mitigation. Hydrology for
wetland Mitigation shall be evaluated by the Applicant to establish the
depth and duration of inundation and soil saturation for the wetland plant
community design. The Applicant shall identify the sources of wetland
hydration including surface Runoff, groundwater, and overbank
Flooding.
15-88.L Applicants shall submit Hydrology information for the proposed
wetland Mitigation area to demonstrate sustainability using the best
available data.
15-88.M The Mitigation must meet Certification requirements and
associated Performance Standards, and shall undergo a maintenance
and monitoring period as required in the Stormwater Management
Certification.
15-88.M.1 Upon inspection, if the Mitigation meets Certification
requirements and Performance Standards during or at the end
of the monitoring period, the Director, or Administrator in a
Complete Waiver Community shall issue regulatory signoff.
15-88.M.2 If the permit requirements are met early and it appears
that the cessation of the maintenance and monitoring period will
not jeopardize the area’s continuing compliance, the Director or
Administrator in a Complete Waiver Community may
consider granting early signoff when requested.
15-88.M.3 If the Mitigation area is not considered a success within
the approved monitoring period, additional measures shall be
required to bring the site into compliance.
15-88.N Mitigation is considered separate from other Development
components, and requires a performance security be established in
accordance with Article VI for the completion of the Mitigation
Development.
15-88.O The Certification holder shall provide annual monitoring reports
documenting progress towards meeting the approved Performance
Standards. The monitoring reports shall include relevant data and
observations during the growing season and shall be submitted no later
than January 31st of the following year until Performance Standards
are met and accepted.
15-88.P If property ownership is changed during the management and
monitoring period, the Applicant shall provide formal written notification
to the Director or Administrator. The notification shall contain
complete contact information including Certification number(s),
owner(s) name(s), street address(es), phone number(s) (office, fax,
mobile), email address(es), etc. The Certification holder must notify the
future owner(s) of their obligations regarding Certification conditions
and maintenance and monitoring requirements for the subject
Development as they relate to the Stormwater Management
Certification and to submit written confirmation from the receiving party
accepting these responsibilities.
15-88.Q Development within or affecting a wetland begun prior to
Authorization under this Ordinance, or other unauthorized impact to a
wetland, shall presume the wetland was critical and provide Mitigation
Article XI. Wetlands
Sections 15-85 through 15-91 Page 69 of 157
at a 3:1 replacement ratio, and shall be processed in one of the following
two ways:
15-88.Q.1 If the unauthorized Wetland Impact can be considered a
temporary impact, the Director or Administrator may process
the resolution of this Violation outside of the normal
Certification program, through preparation of a Letter of
Permission which would be countersigned by the Applicant
committing them to specific site restoration and management
requirements and timeframes.
15-88.Q.2 If the unauthorized Wetland Impact cannot be
considered a Temporary Wetland Impact, the Applicant shall
enter into a formal Stormwater Management Certification
process, and meet all requirements of the Ordinance.
15-89. Wetland Banking
15-89.A Where Development affecting wetland meets the requirements
of Article XI and the long term preservation of existing wetland functions
or characteristics is unlikely as a result of existing or proposed land use
practices in adjacent upland areas, then the Director or Administrator
may provide that Mitigation for Development within or affecting
Wetlands be accomplished wholly or in part through investment in an
established wetland banking Development in lieu of constructing new
Wetlands.
15-89.B Such wetland banking shall be allowed only if no long term net
loss of Wetlands results within each Watershed Planning Area as
defined in Article XI and if the adverse impacts of Development in
Regulatory Wetlands or Critical Wetlands are fully mitigated.
15-89.C Wetland banking for Development impacts within a Critical
Wetland or Regulatory Wetland shall take place within an established
wetland banking Development approved by the Committee, or the
Oversight Committee, and shall:
15-89.C.1 Include a wetland enhancement, restoration, and
construction plan approved by the Committee and the County
Board, or by the Oversight Committee and the corporate
authorities; and
15-89.C.2 Include a capital improvements plan containing an
estimate of the total per acre cost of wetland Mitigation,
including operation and Maintenance costs; and
15-89.C.3 Include a formula to determine that any investment in a
wetland bank shall be at least equal to the cost of planning,
acquiring of lands, constructing, operating, and maintaining
mitigated Wetlands of equivalent or greater functional value
than those lost to Development.
15-89.D If Development impacts to a wetland meets all the conditions for
Mitigation in a wetland banking Development, a payment may be
made into the wetland banking program and shall be determined by
multiplying the acres of required Mitigation times the first of the
following applicable costs:
Article XI. Wetlands
Sections 15-85 through 15-91 Page 70 of 157
15-89.D.1 The investment cost of the closest wetland banking
Development to the Development that is in the Watershed
Planning Area that has the greatest wetland deficit, as defined
in Section 15-89.D.3; or
15-89.D.2 The investment cost of the closest wetland banking
Development within the same Watershed Planning Area as
the proposed Wetland Impact; or
15-89.D.3 The investment cost of the closest wetland bank to the
Development that is outside the Watershed Planning Area
where the Development is proposed. However, the area of
Mitigation available within a wetland banking Development for
Mitigation from outside the Watershed Planning Area shall not
exceed 15% of the bank's total wetland area. This amount of
wetland Mitigation is considered a wetland deficit in the
Watershed Planning Area where the Development occurs.
The Watershed Planning Area that receives the wetland
Mitigation shall pay back the wetland deficit in accordance with
Section 15-89.D.1.
15-89.E If Development impacts to a wetland meet all the conditions for
Mitigation in the wetland banking program, and there is not a wetland
banking Development available per Section 15-89.D, a payment may
be made to the County for deposit into a specific wetland banking
Development or in a wetland bank suspense account equal to
$175,000 per acre of required Mitigation.
15-89.F All funds deposited in the wetland banking program shall be
maintained in accounts designated solely for a particular wetland
banking Development or in a wetland bank suspense account if
collected under Section 15-89.E. At the option of the Director or
Administrator, funds may be transferred to the account of another
wetland banking Development in the same Watershed Planning
Area, or if one is not available, in an off-site Mitigation area meeting
the requirements in Section 15-89, if that particular wetland banking
Development is not constructed within 10 years after the date on which
such funds were deposited. Upon approval of a wetland banking
Development within a Watershed Planning Area for which payments
have been deposited in accordance with Section 15-89.E, such
payments shall be immediately transferred into that wetland banking
Development. Any portion of the payment paid in excess of the actual
fee established for said wetland banking Development shall be
refunded to the then current property owner or his/her/its designee.
15-89.G The County Board or the corporate authorities in a Waiver
Community shall audit annually all funds deposited in wetland banking
accounts and shall account for such funds on a first-in, first-out basis.
15-90. RESERVED
15-91. RESERVED
Article XII. Buffers
Sections 15-92 through 15-96 Page 71 of 157
ARTICLE XII. BUFFERS
15-92. Identification of Buffers
15-92.A Buffer areas for Wetlands shall extend from the edge of the
delineated wetland. Buffer for those portions of non-wetland Waters of
DuPage shall extend from the Ordinary High Water Mark (OHWM):
15-92.A.1 A property may contain a Buffer area that originates from
another property.
15-92.A.2 Buffer widths for wetland shall be as follows:
15-92.A.2.a. One hundred (100) feet for Critical Wetlands,
except as noted in Section 15-92.B.2.
15-92.A.2.b. Fifty (50) feet for Regulatory Wetlands, except as
noted in Section 15-92.B.2.
15-92.B Buffer for non-wetland Waters of DuPage shall be a minimum
width of fifteen (15) feet and a maximum width matching the Regulatory
Flood Plain. Width shall be determined as follows for the following
situations:
15-92.B.1.a. Where there is no Regulatory Flood Plain study,
and the drainage area is over one hundred (100) acres,
then the required site specific BFE study in Section 15-
80 will define a 100-yr Flood elevation for the site and
that elevation shall be used to set the Buffer width,
except as noted in Section 15-92.B.2.
15-92.B.1.b. 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 (15) feet
from the OHWM, except as noted in Section 15-92.B.2.
15-92.B.1.c. For purposes of regulation under this Ordinance,
the Applicant may choose to accept the 100-year Flood
Plain limit as the Buffer, or he may submit
documentation addressing the Buffer functions and
request that a narrower Buffer limit between the 100-year
Flood Plain and one hundred (100) feet from OHWM
should be allowed by the Administrator in a Complete
Waiver Community or the Director, in accordance with
15-94.B.
15-92.B.2 Buffer does not include impervious non-vegetated
surfaces, permanent Structures or Buildings. In addition, non-
wetland Waters of DuPage County Buffer does not include
maintained lawn or associated maintained landscape plantings
within the limits of the 100 year Flood Plain that are more than
fifty (50) feet from the limits of the waters.
15-93. RESERVED.
15-94. Development Affecting a Buffer
15-94.A Vegetative Maintenance within Buffer may be allowed through
issuance of a Letter of Permission under the following conditions:
Article XII. Buffers
Sections 15-92 through 15-96 Page 72 of 157
15-94.A.1 A written description of the Development goals,
objectives, and management plan must be provided for approval
to the Director, or Administrator in a Waiver Community. As
long as the Development does not require Stormwater
Management Certification for any other aspect of the
Development, the Director or Administrator of a Waiver
Community may issue a Letter of Permission to allow the
Maintenance activity.
15-94.A.2 The Maintenance activity will result in an enhancement
of Buffer functions in accordance with 15-94.C.
15-94.A.3 Maintained lawn or landscape planting beds have limited
Buffer function and may be replaced in kind.
15-94.B Development of Buffer, or a reduction in width, function, or the
removal of Native Vegetation, shall not occur without Mitigation.
15-94.B.1 Mitigation for Buffer impact does not require one for one
replacement of the area impacted. Replacement of impacted
function takes precedent over replacement of area.
15-94.B.2 Impacts to Buffers shall consider the effectiveness of the
natural functions and mitigate those functions to the extent
practicable.
15-94.C Buffer Mitigation design shall incorporate native, non-invasive
species and be designed to duplicate or improve the hydrologic and
biologic function of the original Buffer unless documentation is provided
to support establishment of alternative communities. When native
plantings are required as part of a Mitigation Development, the
plantings shall be native to Northeastern Illinois as defined by Plants of
the Chicago Region.
15-94.D Buffer Mitigation shall meet Certification requirements,
associated Performance Standards, and shall undergo a maintenance
and monitoring period, as required in the Stormwater Management
Certification. Performance Standards are found in Appendix B.
Applicants may choose to use the Performance Standards found in
Appendix B, or the Applicant may prepare and submit individualized
site specific standards for review and approval.
15-94.D.1 Upon inspection, if the Buffer Mitigation meets
Certification requirements and Performance Standards during
or at the end of the monitoring period, the Director, or
Administrator in a Complete Waiver Community, shall issue
regulatory signoff.
15-94.D.2 If the Buffer Mitigation area is not considered a success
within the approved monitoring period, additional measures shall
be required to bring the site into compliance.
15-94.E Development affecting a wetland Buffer shall be initiated only
after a Mitigation plan has been approved and adequate securities are
provided as specified in Article VI of this Ordinance.
15-94.F Mitigation is considered separate from other Development
components, and requires a performance security be established in
accordance with Article VI for the completion of the Mitigation
Development.
Article XII. Buffers
Sections 15-92 through 15-96 Page 73 of 157
15-94.G The Certification holder shall provide annual monitoring reports
documenting progress towards meeting the approved Performance
Standards. The Director or Administrator may require the
Certification holder to undertake remedial action to bring the area into
compliance with the Mitigation plan. The monitoring reports shall
include relevant data and observations taken during the growing season
and shall be submitted no later than January 31st of the following year
until Performance Standards are met and accepted.
15-94.H If property ownership is changed during the management and
monitoring period, the Applicant shall provide formal written notification
to the Director or Administrator. The notification shall contain
complete contact information including Certification number(s),
owner(s) name(s), street address(es), phone number(s) (office, fax,
mobile), email address(es), etc. The Certification holder must notify the
future owner(s) of their obligations regarding Certification conditions
and maintenance and monitoring requirements for the subject
Development as they relate to the Stormwater Management
Certification and to submit written confirmation from the receiving party
accepting these responsibilities.
15-94.I Features of a naturalized stormwater management system, such
as stormwater Structures, infiltration trenches, vegetated swales, filter
strips, site runoff storage ponds, and Compensatory Storage areas
may be within the Buffer area, provided the system is set back to a
minimum of fifty percent (50%) of the required Buffer width, and the
Buffer functions, if impacted, are mitigated.
15-94.J Access through Buffer areas shall be allowed, when necessary,
for Maintenance purposes.
15-95. RESERVED
15-96. RESERVED
Article XIII. Fee-In-Lieu Programs
Sections 15-97 through 15-101 Page 74 of 157
ARTICLE XIII. FEE-IN-LIEU PROGRAMS
15-97. Site Runoff Storage Variance Fee Program
15-97.A Where a Variance to the site runoff storage requirements of
Section 15-72 is granted, payment into a site runoff storage variance
fee program shall be made prior to the issuance of a Stormwater
Management Certification as a condition of the Variance.
15-97.B All Developments shall participate in the County's fee in lieu
program, unless the Development is within a Waiver Community with
its own ordinance and fee in lieu program.
15-97.B.1 Payment of a site runoff storage Variance fee for the
varied storage shall be made to the County and is determined
by applying the first applicable criteria as follows:
15-97.B.1.a. Where the program has an established off -site
storage facility(ies) the fee shall be calculated by
multiplying the per acre-foot cost of the closest off-site
storage facility times the varied storage where:
15-97.B.1.a.1. A design concept plan for the facility
has been approved by the Committee and the
County Board containing an estimate of the per
acre-foot cost of constructing the storage,
including operation and Maintenance costs; and
15-97.B.1.a.2. A formula has been developed to
determine that any investment in the facility shall
be at least equal to the cost of planning, acquiring
of lands, constructing, operating, and maintaining
the facility; and
15-97.B.1.a.3. The facility is located in the same
Watershed Planning Area as the Variance.
15-97.B.1.b. Where the program has not established off -site
storage facility(ies) in accordance with sub-parts B.1.a.1
through B.1.a.3, above, detention variance fee shall be
charged in accordance with an adopted fee schedule,
attached to this Ordinance as Schedule B and by this
reference incorporated into this Ordinance. The fees set
forth in Schedule B shall identify reasonable and rational
costs to provide site runoff storage in the same
Watershed Planning Area as the subject Variance. The
detention variance fee shall include the cost of planning,
acquiring land, construction, operation, and
Maintenance.
15-97.B.2 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
Article XIII. Fee-In-Lieu Programs
Sections 15-97 through 15-101 Page 75 of 157
provides a Watershed Benefit. Funds may not be used to fulfill
permit requirements.
15-97.B.3 Each authority administering a fee-in-lieu program shall
provide an annual accounting of all funds deposited in each
Development or watershed planning accounts and shall
account for each fund on a first-in, first-out basis.
15-97.B.4 Each authority administering a fee-in-lieu program may
prioritize and allocate funds on an annual basis within each
Watershed Planning Area account. Communities may make a
request to the Committee by June 30th of each year for funds
within the watershed planning accounts for uses identified in
Section 15-97.B.2.
15-97.B.5 Detention variance fees shall be refunded to the Person
who paid the fee, or to that Person’s successor in interest, in
accordance with Sec. 15-97.B.6, whenever the program
Administrator fails to encumber fees collected within 10 years
from the date on which such fees were collected.
15-97.B.6 Refunds shall be made provided that the appropriate
party files a petition with the program Administrator within one
year from the date on which such fees are required to be
encumbered.
15-97.C A Waiver Community may adopt its own fee schedule and
designate off-site facilities. Funds collected in a Waiver Community
program shall be used within the Waiver Community, or within the
Watershed Planning Area in which such fee was collected. A Waiver
Community’s accounting records shall be made available to the
Committee upon request.
15-98. Post Construction BMP Fee-in-Lieu Program
15-98.A With the approval of the Administrator, or the Director in a
Non-Waiver Community, and provided the conditions of Section 15-63
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.
15-98.B Development in a Non-Waiver Community or in a Waiver
Community that has not adopted a PCBMP fee-in-lieu program shall
participate in the County’s program where:
15-98.B.1 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 this Ordinance as Schedule B and by this reference
incorporated into this Ordinance, that identifies reasonable and
rational cost to construct and maintain similar PCBMPs for those
areas of the Development that remain without effective PCBMP
treatment.
15-98.B.2 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
Article XIII. Fee-In-Lieu Programs
Sections 15-97 through 15-101 Page 76 of 157
design, construct, and maintain water quality or Runoff volume
reduction improvements. Funds may not be used to fulfill
obligations required by the Ordinance.
15-98.B.3 The program Administrator shall provide accounting on
an annual basis of all funds deposited in each watershed
planning account and shall account for each fund on a first-in,
first-out basis.
15-98.B.4 Each authority administering a fee-in-lieu program may
prioritize and allocate funds on an annual basis within each
Watershed Planning Area account. Communities may make a
request to the Committee by March 30th of each year for funds
within the watershed planning accounts for uses as identified in
Section 15-98.B.2.
15-98.B.5 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 Section 15-98.B.6, 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.
15-98.B.6 Refunds shall be made provided that the appropriate
party files a petition with the program Administrator within one
year from the date on which such fees are required to be
encumbered.
15-98.C Development in a Waiver Community shall participate in the
Waiver Community’s PCBMP fee-in-lieu program where the corporate
authority has adopted a program that is consistent with Section 15-98.B.
A Waiver Community may adopt its own fee schedule and designate
off-site facilities. Funds collected in a Waiver Community program
shall be used within the Waiver Community, or within the Watershed
Planning Area in which such fee was collected. A Waiver
Community’s accounting records shall be made available to the
Committee upon request.
15-99. Wetland Mitigation Fee in Lieu. If Development impacts to a wetland meet all
the conditions for Mitigation in the wetland banking program, and there is no
wetland banking Development available under the criteria set forth in Article
XI, the Applicant may make a fee-in-lieu payment to the County in the sum of
$175,000 per acre of required Mitigation area.
15-100. RESERVED
15-101. RESERVED
Article XIV. Prohibited Acts/Enforcement/Penalties
Sections 15-102 through 15-113 Page 77 of 157
ARTICLE XIV. PROHIBITED ACTS/ENFORCEMENT/PENALTIES
15-102. Prohibited Acts
15-102.A It shall be unlawful for any Person to undertake any
Development within the County or within a Waiver Community
without first securing a Stormwater Management Certification as
required by this Ordinance or the applicable Waiver Community
Ordinance.
15-102.B It shall be unlawful for any Person to violate, disobey, omit,
neglect, or refuse to comply with, or to resist enforcement of, any
provision of this Ordinance, or an applicable Waiver Community
Ordinance, or any condition of any Stormwater Management
Certification or Variance required by this Ordinance, or a Waiver
Community Ordinance.
15-102.C It shall be unlawful for the Person owning or exercising control
over any property, or Development thereon, to permit or allow that
property, or any Development thereon, or any condition thereof, to
violate, or remain in Violation of, any provision of this Ordinance, or a
Waiver Community Ordinance, or fail to comply with, abide by or
satisfactorily complete any condition of any Stormwater Management
Certification or Variance granted to, or issued for, that property or
Development.
15-102.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 Sec. 15-108, 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.
15-103. Prosecution of Violations. Upon finding the existence of any Violation
of this Ordinance or a Waiver Community Ordinance, the Director or the
Administrator shall have the authority and duty to take or direct all actions
necessary or appropriate to abate and redress such Violation. The Director
or the Administrator shall also initiate proceedings, as necessary, to enforce
this Ordinance or the Waiver Community Ordinance. A code enforcement
adjudication program may be used to prosecute Violations of this Ordinance,
or a Waiver Community Ordinance.
15-104. Notice of Violations
15-104.A Whenever the Director or the Administrator determines that a
Violation of the Ordinance exists, the Director or the Administrator
shall issue a Notice of Violation in any of the following manner:
15-104.A.1 By posting a copy on the subject property in a
conspicuous place, or
15-104.A.2 By personally delivering or mailing a copy to the Person,
firm, or corporation responsible for the unlawful act or omission
or condition which forms the basis for the Violation, or
Article XIV. Prohibited Acts/Enforcement/Penalties
Sections 15-102 through 15-113 Page 78 of 157
15-104.A.3 By personally delivering or mailing a copy to any adult
who resides at, occupies, uses, leases, manages or maintains
the property on which the Violation is located, or
15-104.A.4 By personally delivering or mailing a Notice of Violation
to any owner in title to the property on which the Violation is
located.
15-104.B If a notice, or order, is issued in accordance with Sec. 15-104.A.1
or if the party to whom the Notice of Violation was issued was in
accordance with Sec. 15-104.A.2 or 15-104.A.3 is not also the property
owner, a copy of the notice shall also be mailed to the "owner of record"
as indicated on the latest Tax Assessor's records at the last address to
which a tax bill was mailed.
15-104.C A Notice of Violation shall contain the following:
15-104.C.1 A brief statement setting forth the type and nature of the
Violation; and
15-104.C.2 The section, or sections, of the Ordinance violated and, if
applicable, the identity of any order, permit, plan or statement of
specifications violated; and
15-104.C.3 The date the Violation was observed; and
15-104.C.4 The address and/or PIN of the property on which the
Violation was observed; and
15-104.C.5 A statement directing the discontinuance of the illegal
action or condition and abatement of the Violation; and
15-104.C.6 A statement informing the violator, and/or owner, that
they may contest the Notice of Violation by requesting in writing
and within fourteen (14) days of issuance of the notice, an
administrative appeal; and
15-104.C.7 A statement informing the violator, and/or owner, that
they may correct the Violation within fourteen (14) days. A
violator may remedy the Violation by either;
15-104.C.7.a. Correcting, abating or removing the Violation, or
the condition(s) which cause the Violation, and have
such remediation verified by an inspection; or
15-104.C.7.b. Applying to the County, or Waiver Community,
for any necessary Certification (s), or to revise or amend
any previously issued Certification, or revise or amend
any previously approved plan, drawing or specifications,
as applicable.
15-104.C.8 A warning that if the violator fails to comply with the
Ordinance and remedy the Violation within the time specified
the County, or Waiver Community, shall institute appropriate
legal proceedings against the violator.
15-104.C.9 A statement that the Ordinance authorizes fines of up to
one thousand dollars ($1,000.00), per day, for each day a
Violation remains uncorrected, plus additional court costs,
which fines and costs may be assessed in addition to other
remedies at law including a court order enjoining further
Violations and ordering the offender to cease, correct, repair,
abate or otherwise remedy the offending condition.
Article XIV. Prohibited Acts/Enforcement/Penalties
Sections 15-102 through 15-113 Page 79 of 157
15-104.D If a party to which a Notice of Violation has been issued requests
an extension of time to comply with the Ordinance, or perform any act
necessary to remedy a Violation, the Director or Administrator may
allow an extension of time for such compliance or act, which extension
shall not be more than forty five (45) days. The Director or
Administrator shall not extend the period of time in which a party may
request an administrative hearing
15-104.E The issuance of a Notice of Violation shall not be required as a
condition of the County, or a Waiver Community, commencing legal
action to enforce a stop work order issued pursuant to Sec. 15-108, or
where the a Violation presents an imminent risk of harm to the health,
life or safety of any Person, or an injunctive suit brought pursuant to
Sec. 15-111.
15-105. Inspection and Maintenance Authority
15-105.A Pursuant to the authority granted by 55 ILCS 5/5-1104 & 5-1062,
the County may, after thirty (30) days written notice to the owner or
occupant, in a non-emergency situation enter upon any lands or waters
within the County for the purpose of inspecting or maintaining
Stormwater Facilities or causing the removal of any obstruction to an
affected watercourse.
15-105.B The Director or the Administrator shall post the notice in a
prominent place on the premises, or shall send by certified mailing a
copy of the notice to the property owner listed in the County property
tax records. The notice shall:
15-105.B.1 State the method by which the Stormwater Facility will
be cleaned or maintained; and
15-105.B.2 State the date upon which the proposed work will begin;
and
15-105.B.3 Inform the property owner that the property owner may
appeal the commencement date of the proposed Maintenance
work.
15-105.C Where an obstruction is within a water course and is obstructing
flow, the County or a Waiver Community may, with 10-days notice,
enter upon the property and remove the obstruction.
15-106. Requirements for Immediate Remedial Action. Whenever the Director
or Administrator determines that a Violation has a temporary impact to a
Flood Plain, 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:
15-106.A Unauthorized Wetland Impacts that are intended to be
permanent are required to proceed through the normal Stormwater
Management Certification process to determine if the impact will be
allowed to remain, or
15-106.B Remedial action may include, as the Director or Administrator
deems appropriate for the situation, the following:
Article XIV. Prohibited Acts/Enforcement/Penalties
Sections 15-102 through 15-113 Page 80 of 157
15-106.B.1 Removal of fill or other materials from the impacted area;
and
15-106.B.2 The area, and/or volume of fill or material removal, the
manner of such removal and method of disposal for such fill or
material; and
15-106.B.3 A restoration and/or Mitigation plan for the impacted
area setting forth Performance Standards, management and
monitoring requirements as necessary, and implementation
schedule.
15-106.C When the Director or Administrator authorizes remedial action
under this Section, such remedial acts shall:
15-106.C.1 Focus of the restoration of floristic communities and
function of the impacted area; and
15-106.C.2 Undergo a minimum of one year of management and
monitoring, when applicable, to verify successful restoration.
Failure to achieve the Performance Standards established as
part of a restoration or Mitigation plan shall result in additional
years of management and monitoring being required.
15-106.D In all cases the Director or Administrator shall document the
nature of Violation and the basis for his determination that the impact
was temporary.
15-107. Revocation and Suspension of Certifications.
15-107.A The Director or the Administrator may revoke a Stormwater
Management Certification under any of the following circumstances:
15-107.A.1 When the application, plans, or other supporting
documents submitted by the Applicant reflect a false statement
or misrepresentation as to material fact; or
15-107.A.2 The Development violates any relevant local, State, or
Federal requirement.
15-107.A.3 When the security, access rights or covenants posted by
the Certification holder do not comply with the requirements of
this Ordinance, or a Waiver Community Ordinance.
15-108. Stop-Work Order
15-108.A The Director or the Administrator, upon discovery of the
existence of any of the circumstances established in Section 15-
107.A.2. of this Ordinance, is authorized to issue an order requiring the
suspension of the subject Development. Such stop-work order shall
be in writing, shall indicate the reason for its issuance, and shall order
the act(s), if any, necessary to resolve the circumstances requiring the
stop-work order.
15-108.B A stop-work order shall be issued when:
15-108.B.1 Development is proceeding in a manner which creates
imminent hazard of severe harm to Persons or property on or
off the site; or
15-108.B.2 Development has been accomplished in Violation of a
requirement of this Ordinance, or the Waiver Community
Ordinance, or a Stormwater Management Certification, or
Article XIV. Prohibited Acts/Enforcement/Penalties
Sections 15-102 through 15-113 Page 81 of 157
any other applicable law or regulation, and a period of longer
than fifteen (15) calendar days has elapsed since written notice
of the Violation or noncompliance was issued and the Violation
or noncompliance has not been corrected, abated or rectified; or
15-108.B.3 Development for which a Stormwater Management
Certification is required is proceeding without issuance of a
Stormwater Management Certification. In such instance, the
stop-work order shall indicate that the effect of the order
terminates when the required Stormwater Management
Certification is properly obtained.
15-108.C If the Director or Administrator discovers that work on any
property is being conducted contrary to the provisions of this Ordinance,
or in an unsafe and dangerous manner, such work shall be immediately
stopped. The stop work order shall be in writing and shall be given to
the owner of the property involved, to the owner's agent, to the Person
doing the work, or posted on the subject property; and shall state the
appropriate code section(s) in Violation.
15-108.D Upon receipt of a stop work order, the property owner has
fourteen (14) days to resolve the Violation or apply for a Stormwater
Management Certification. Failure to comply within this timeframe
may result in prosecution and/or fines as outlined in Section 15-109.
15-109. Fines
15-109.A Any Person who violates, disobeys, omits, neglects, refuses to
comply with, or resists enforcement of any provision of this Ordinance,
the applicable Waiver Community Ordinance, or any condition in any
Certification issued pursuant to this Ordinance or a Waiver
Community Ordinance, shall be subject to a fine not less than one
hundred dollars ($100.00) nor in excess of one thousand ($1,000) for
each offense. Each calendar day a Violation continues to exist shall
constitute a separate offense.
15-109.B For the purposes of this Section 15-109, 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 Ordinance or the Waiver Community Ordinance.
15-109.C The Committee, or in a Complete Waiver Community the
Oversight Committee, shall request its appropriate legal counsel to
prosecute such action as a petty offense pursuant to 730 ILCS 5/5-1-17
(1992); as hereafter amended; or according to other appropriate
authority in law or in equity.
15-110. Additional Remedies for Special Flood Hazard Areas
15-110.A In accordance with state law, the County may petition the circuit
court for an order to remove any unauthorized fill placed in a Special
Flood Hazard Area and to restore the subject property to its natural
elevation(s) in order to lessen or avoid the imminent threat to public
health, safety, or welfare and damage to property resulting from the
accumulation or Runoff of stormwater or Floodwater.
Article XIV. Prohibited Acts/Enforcement/Penalties
Sections 15-102 through 15-113 Page 82 of 157
15-110.A.1 When, after a diligent search, the identity or whereabouts
of the owner of any such Parcel, including lien holders of record,
are not ascertainable, notice mailed to the Person in whose
name the real estate was last assessed for taxes, constitutes
sufficient notice under Section 15-104.
15-110.A.2 The cost of removal of fill and restoration incurred by the
County shall be recoverable from the owner of such real estate
and shall be a lien against the property.
15-110.A.3 Such lien shall be superior to all other prior existing liens
and encumbrances, except taxes; provided that within sixty (60)
days after such removal of fill or restoration of the Parcel to its
natural elevation, the County Board shall file a notice of lien of
such cost and expense incurred in the office of the County
Recorder.
15-110.A.4 Such notice shall include a sworn statement setting out:
15-110.A.4.a. A description of the real estate sufficient for
identification thereof; and
15-110.A.4.b. The amount of money representing the cost and
expense incurred; and
15-110.A.4.c. The date on which the cost was incurred.
15-110.A.5 Such lien may be enforced by proceedings of foreclosure
as in the case of mortgages or mechanics' liens, which action
shall be commenced within three years after the date of filing of
the notice of lien.
15-110.A.6 Upon payment of the costs and expenses by the owner
or Persons interested in the property, the lien shall be released
by the County or the Waiver Community and the release may
be filed of record.
15-110.B Each Waiver Community shall utilize all available means at law
or in equity to enforce the Special Flood Hazard Area provisions of its
applicable ordinance.
15-111. Legal and Equitable Relief. In the enforcement of this Ordinance or the
applicable Waiver Community Ordinance, the Director or the Administrator
shall have the authority to institute, or cause to be instituted, in the name of the
County or the Waiver Community, any and all actions, legal or equitable,
including appeals, that are required for the enforcement of this Ordinance or
the applicable Waiver Community Ordinance. Article XV shall not be
construed to limit or otherwise restrict a Waiver Community from adopting
differing or supplemental enforcement procedures, or setting differing fine
amounts, pursuant to their statutory or home-rule authority.
15-112. Injunctive Relief. In circumstances of substantial danger to the
environment, to the public health and welfare, or to the livelihood of any
Person, the Director or the Administrator shall have the authority to cause
to be instituted a civil action for an immediate injunction to halt any discharge
or other activity causing or contributing to the danger, or to require such other
action as may be necessary.
Article XIV. Prohibited Acts/Enforcement/Penalties
Sections 15-102 through 15-113 Page 83 of 157
15-113. RESERVED
Article XV. Appeals
Sections 15-114 through 15-116 Page 84 of 157
ARTICLE XV. APPEALS
15-114. Right to Appeal
15-114.A Any Person directly aggrieved by any decision, order,
requirement, or determination of the Director, or the Director acting as
the Administrator in a Non-Waiver Community, made pursuant to an
interpretation of this Ordinance shall have the right to appeal such
action to the Committee. Any Person directly aggrieved by any
decision, order, requirement, or determination of the Administrator in
a Waiver Community made pursuant to an interpretation of a Waiver
Ordinance shall have the right to appeal such action to the Oversight
Committee.
15-114.B Every Applicant for an appeal shall notify the Committee or the
Oversight Committee in writing of the decision being appealed, which
notice shall include a short, plain statement containing the reasons why
the decision is being appealed and how the Applicant has been directly
aggrieved by the action taken.
15-114.C Upon receipt of such a notice of appeal, the Committee or the
Oversight Committee shall set a date for a public hearing before the
Committee or the Oversight Committee. Such public hearing shall
commence not fewer than fourteen (14) days not more than sixty (60)
days after the date on which a properly prepared notice of appeal was
received. The Applicant shall be promptly notified of the public hearing
date.
15-114.D A public hearing shall be set, noticed, and conducted by the
Committee in accordance with the provisions of Section 15-139 of this
Ordinance. Oversight Committees may conduct public hearings in
accordance with each Community’s own public hearing procedures,
which procedures need not strictly comply with this Article XV and
Section 15-139.
15-114.E The Committee or the Oversight Committee shall decide the
appeal within sixty (60) days after the conclusion of the public hearing.
All decisions on appeals shall be in writing and shall include a statement
of the reasons for the decision. The failure of the Committee or the
Oversight Committee to act within sixty (60) days shall be deemed to
be a decision denying the appeal.
15-114.F A party may appeal the decision of the Committee to the
County Board by filing a notice thereof in the form required by Section
15-114.B of this Ordinance with the County Board within fourteen (14)
days after the date of decision by the Committee. Failure to properly
file such notice shall render final the decision of the Committee. A party
may appeal the decision of an Oversight Committee to the corporate
authorities of the Waiver Community by filing a notice thereof with that
body within fourteen (14) days after the date of decision by the
Oversight Committee.
15-114.G Within thirty-five (35) days after receipt of a properly prepared
and filed notice of appeal, the County Board, or the Waiver
Communities’ corporate authorities, shall, without further hearing,
affirm, reverse, or modify the decision of the Committee, or Oversight
Article XV. Appeals
Sections 15-114 through 15-116 Page 85 of 157
Committee. The failure of the County Board, the Waiver Communities’
corporate authorities, to act within thirty-five (35) days shall be deemed
to be a final decision of that body denying the appeal and affirming the
decision of the Committee, or Oversight Committee.
15-114.H The decision of the County Board, or the Waiver Communities’
corporate authorities, shall in all instances be considered a final
decision.
15-115. RESERVED
15-116. RESERVED
Article XVI. Variances
Sections 15-117 through 15-121 Page 86 of 157
ARTICLE XVI. VARIANCES
15-117. Authority; Applications; Standards
15-117.A The County Board in Non-W aiver Communities or the corporate
authorities of a Waiver Community shall have the authority to grant
Variances from the requirements of this Ordinance, or the Waiver
Community Ordinance, but only in compliance with the procedures set
forth in this Article XVI.
15-117.B The Variance procedure is intended to provide a narrowly
circumscribed means by which relief may be granted to allow
Development when the requirements of this Ordinance or the
applicable Waiver Community Ordinance place an undue and
particular hardship on a specific Developer.
15-117.C Variance petitions may be filed either by the owner or by the
Developer of land specified in the application.
15-117.D The petition for a Variance shall accompany or follow an
application for a Stormwater Management Certification including all
necessary submittals.
15-117.E All Variance petitions filed pursuant to this Article XVI shall be
filed with the Director or the Administrator.
15-117.F All Variance petitions filed pursuant to this Article XVI shall be
on forms supplied by the Director or the Administrator and shall be
filed in such number of duplicate copies as the Director or the
Administrator may designate by administrative order.
15-117.G Every Variance petition filed pursuant to this Article XVI shall
provide the following information:
15-117.G.1 The owner's or Developer's signed consent to the filing
of the petition; and
15-117.G.2 The names and addresses of all professional consultants,
if any, advising the petitioner with respect to the petition; and
15-117.G.3 The name and address and the nature and extent of any
economic or family interest of any officer or employee of the
County in Non-Waiver Communities, or the local municipality in
a Waiver Community, as to: the owner, the petitioner, or the
subject property or Development; and
15-117.G.4 The addresses and legal description of the subject
property or Development; and
15-117.G.5 The specific feature or features of the proposed
construction or Development that require a Variance; and
15-117.G.6 The specific provision of this Ordinance or the Waiver
Community Ordinance from which a Variance is sought and
the precise variation there from being sought; and
15-117.G.7 A statement of the characteristics of the subject property
or Development that prevent compliance with the provisions of
this Ordinance or the Waiver Community Ordinance; and
15-117.G.8 A statement of the minimum Variance of the provisions
of this Ordinance or the Waiver Community Ordinance that
would be necessary to Certify the proposed construction or
Development; and
Article XVI. Variances
Sections 15-117 through 15-121 Page 87 of 157
15-117.G.9 A statement of how the Variance sought satisfies the
standards set forth in Section 15-27 of this Ordinance.
15-117.H No public hearing will be scheduled on a Variance petition
unless the petition is filed in proper form and number and contains all
required information.
15-117.I Whenever supplemental data in connection with a previously
filed Variance petition is required or offered by the Applicant, it shall
be submitted at least five (5) days prior to the date on which it is to be
considered at a hearing or acted upon in connection with such petition.
The filing of such data shall, in the discretion of the body hearing the
petition, be a cause to delay a requested or scheduled hearing date.
15-117.J The Committee or the Oversight Committee shall consider,
and the County Board or the corporate authorities of the Waiver
Community may grant, such petition for a Variance only when it is
consistent with the general purpose and intent of this Ordinance or the
Waiver Community Ordinance and when the Development meets the
requirements specified in Section 15-27 of this Ordinance as well as the
following conditions:
15-117.J.1 Granting the Variance shall not alter the essential
character of the area involved, including existing stream uses;
and
15-117.J.2 Carrying out the strict letter of the provisions of this
Ordinance or the Waiver Community Ordinance would create
an undue or particular hardship or difficulty on a specific
Developer or owner; and
15-117.J.3 The relief requested is the minimum necessary and there
are no means other than the requested Variance by which the
alleged hardship can be avoided or remedied to a degree
sufficient to permit the reasonable continuation of the
Development; and
15-117.J.4 The Applicant's circumstances are unique and do not
represent a general condition or problem; and
15-117.J.5 The subject Development is exceptional as compared to
other Developments subject to the same provision; and
15-117.J.6 When the Variance request involves the standards for
Wetlands and Flood Plains, the Development proposed for a
wetland or Flood Plain could not be constructed if it were limited
to areas outside the wetland or Flood Plain.
15-117.K No Variance shall be granted for any Development in the
Regulatory Floodway, Regulatory Wetlands, and Critical Wetlands
from any provision of this Ordinance or a Waiver Community
Ordinance where the effect of such Variance would be to create
regulation less restrictive or stringent than Federal or State required
minimum standards for Development in such areas. Subject to this
standard, a Variance may be granted in accordance with this Article
XVI from provisions of this Ordinance or a Waiver Community
Ordinance more restrictive or stringent than the federal and/or state
required minimum standards for Development in such areas.
Article XVI. Variances
Sections 15-117 through 15-121 Page 88 of 157
15-117.L When a Variance from the requirements of this Ordinance or the
Waiver Community Ordinance would lessen the degree of protection
to a Structure, the Director or the Administrator shall notify the
Applicant that the Variance, if granted, may result in increased rates
for Flood insurance.
15-117.M The Director or the Administrator shall give written notice of
any Variance petition, including the date and time of the public hearing,
to the Committee, the Director, and all Watershed Planning Area
Community Administrators. Such notice shall be sent no less than
twenty-one (21) days in advance of the date of the public hearing by
regular U.S. mail or its equivalent. In addition, the Certification
application and Variance petition including all Certification submittals
and support documentation shall be sent to the Director.
15-118. Public Hearing Required. A public hearing shall be set, noticed, and
conducted by the Committee or the Oversight Committee in accordance with
the provisions of Section 15-139 of this Ordinance.
15-119. Review and Recommendation
15-119.A The Director or the Administrator shall review all requests or
petitions for a Variance and shall present written findings of the review
to the Committee or the Oversight Committee.
15-119.B Within thirty-five (35) days after the close of the public hearing,
the Committee or the Oversight Committee shall make a written
recommendation to the County Board or the corporate authorities of
the Waiver Community to grant or deny the Variance petition. The
failure of the Committee or the Oversight Committee to act within
thirty-five (35) days shall be deemed to be a recommendation to deny
the variation.
15-119.C The written recommendation of the Committee or the Oversight
Committee whether to grant or deny the requested Variance shall be
accompanied by written findings of fact specifying the reasons for the
decision, which written findings shall be distributed to the members of
the County Board or the corporate authorities of the Waiver
Community before the County Board or the corporate authorities of
the Waiver Community votes to grant or deny the Variance petition.
15-119.D Decision. The County Board or the corporate authorities of the
Waiver Community shall grant the variation, grant the variation with
modifications or conditions, or deny the variation within forty-five (45)
days after receipt of the recommendation of the Committee or the
Oversight Committee. The failure of the County Board or the
corporate authorities of the Waiver Community to act within forty-five
(45) days, or such additional time as the Applicant may agree, shall be
deemed to be a decision denying the variation.
15-119.E Conditions.
15-119.E.1 A Variance less than or different from that requested may
be granted when the record supports the Applicant's right to
some relief but not to the relief requested.
Article XVI. Variances
Sections 15-117 through 15-121 Page 89 of 157
15-119.E.2 The County Board or the corporate authorities of the
Waiver Community may impose such specific conditions and
limitations concerning any matter relating to the purposes and
objectives of this Ordinance or the Waiver Community
Ordinance on the Development benefited by a Variance as
may be necessary or appropriate.
15-119.E.3 Whenever any Variance authorized pursuant to this
Ordinance or the Waiver Community Ordinance is made
subject to conditions and limitations to be met by the
Developers, the Applicant shall, upon meeting such conditions,
file an affidavit with the Director or the Administrator so stating.
15-119.E.4 For any Variance to Section 15-72, a fee shall be
required pursuant to Section 15-97 to compensate for any site
runoff storage not being provided.
15-120. RESERVED
15-121. RESERVED
Article XVII. Waiver Communities
Sections 15-122 through 15-138 Page 90 of 157
ARTICLE XVII. WAIVER COMMUNITIES
15-122. Notice of Intent to Petition for Waiver
15-122.A Any Community that desires to enforce, either partially or
completely, within its borders the provisions of this Ordinance or its own
stormwater management ordinance, (Waiver Community Ordinance),
that is consistent with, and at least as stringent as, the Plan and this
Ordinance, shall provide the Committee with written notice of that intent
within 60 days after the date of enactment of this Ordinance, or in
accordance with the provisions of Section 15-122.B.
15-122.B Following the effective date of this Ordinance and every June 1st
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 Article and Article IV of this Ordinance.
15-123. Filing and Contents of Petition
15-123.A A petition to the Committee for a Partial Waiver or a Complete
Waiver of enforcement of this Ordinance shall be filed by the
Community with the Committee. Each petition shall include a duly
adopted resolution or ordinance of the corporate authorities of the
Community including:
15-123.A.1 Adoption of, or an agreement to adopt the provisions of
this Ordinance or an ordinance consistent with, and at least as
stringent as, the Plan and this Ordinance; and
15-123.A.2 A proposed schedule indicating how the minimum criteria
of this Ordinance will be implemented, including proposed
staffing; and
15-123.A.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
15-123.A.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
15-123.A.5 Documentation indicating the intent and ability to comply
with Section 15-127.A.3 of this Ordinance.
15-123.B Each petition shall specify whether the Community seeks a Partial
Waiver or a Complete Waiver of enforcement.
15-124. RESERVED
15-125. Committee Consideration of Petition. The Committee shall consider
each properly filed petition for either a Partial Waiver or a Complete Waiver
Article XVII. Waiver Communities
Sections 15-122 through 15-138 Page 91 of 157
of County enforcement of this Ordinance at a regular or special call meeting.
The Committee may take comments from interested parties, and the
Committee shall have the right by rule to establish procedures for the conduct
of such meetings.
15-126. RESERVED
15-127. Standards for Grant of Petition
15-127.A The Committee shall grant a petition for waiver of County
enforcement of this Ordinance upon finding that:
15-127.A.1 The Community's stormwater ordinance is consistent
with, and at least as stringent as, the Plan and this Ordinance,
as they may be amended from time to time; and
15-127.A.2 The Community has complied with the requirements of
this Article and Article III of this Ordinance; and
15-127.A.3 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:
15-127.A.3.a. In a Complete Waiver Community:
15-127.A.3.a.1. A Professional Engineer with two
years experience in stormwater and Flood Plain
management; and
15-127.A.3.a.2. A Professional Engineer with two
years experience in the application of continuous
Hydrology and fully dynamic hydraulic models;
and
15-127.A.3.a.3. A Environmental Scientist, and
15-127.A.3.a.4. A Soil Scientist; or,
15-127.A.3.b. In a Partial Waiver Community:
15-127.A.3.b.1. A Professional Engineer with two
(2) years experience in stormwater and Flood
Plain management; and
15-127.A.3.b.2. An environmental engineer or
Environmental Scientist; or a request for
assistance from the Director to review for
PCBMPs.
15-128. Decision; Findings and Decision in Writing. The Committee shall
decide, based upon all of the facts and circumstances: whether to deny the
petition; whether to grant the petition and approve a Partial Waiver; or,
whether to grant the petition and approve a Complete Waiver. The
Committee's findings and decision shall be in writing, and shall specify
whether a Partial Waiver or a Complete Waiver has been approved or
whether the petition has been denied, and shall specify the reasons for granting
or denying the petition.
15-129. Final Action Required By Committee. If the Committee fails to take
final action on a Community's petition within 75 days after the petition for
Article XVII. Waiver Communities
Sections 15-122 through 15-138 Page 92 of 157
application has been properly completed and filed with the Committee, such
petition shall be deemed to be granted; provided, however, that the Committee
may, on its own motion, extend such 75-day period for not more than one
additional 60-day period, during which additional 60-day period this Ordinance
shall not be enforced by the County in such Community.
15-130. Waiver Community Records
15-130.A Each Waiver Community shall maintain records of every
Stormwater Management Certification issued and every Variance
granted for Development within its borders.
15-130.B Each Waiver Community shall maintain Record Drawings of
all Structures erected or constructed pursuant to a Stormwater
Management Certification issued or Variance granted by such
Community.
15-130.C Each Waiver Community shall maintain such records for
periodic inspection by the Department.
15-130.D Each Waiver Community shall send to the Department a copy
of each Variance granted by such Community, together with a copy of
those documents required by Article XVI of this Ordinance.
15-131. Committee Review of Waiver Community Programs. The
Department shall review the implementation and enforcement of each Waiver
Community's stormwater program on a schedule adopted by the Committee.
15-132. Complaints
15-132.A Any Person may file a written complaint with the Committee
alleging that a Waiver Community or the Department has failed in
some significant way, or has repeatedly failed, to implement or enforce
the applicable stormwater management ordinance.
15-132.B Such complaint shall contain a short statement of facts
describing how the Waiver Community or the Department has so
failed in some significant way, or has repeatedly failed, to implement or
enforce the Waiver Community Ordinance or this Ordinance.
15-133. Complaint Investigation and Review
15-133.A Upon receipt of a complaint, the Department shall notify, and
provide a copy of the complaint to, any Community named in the
complaint. When a complaint involves the Department’s failure to
implement or enforce this Ordinance, the Committee shall designate a
third-party to act in place of Department personnel for the purpose of
carrying out the requirements of Sections 15-133.B through 15-133.E
and Section 15-134.
15-133.B The Department shall conduct a preliminary investigation of the
complaint, including without limitation:
15-133.B.1 An inspection of all relevant records related to the
implementation and enforcement of the Waiver Community
Ordinance or this Ordinance by the Community or the
Department; and
Article XVII. Waiver Communities
Sections 15-122 through 15-138 Page 93 of 157
15-133.B.2 Field inspections of relevant Developments, Structures,
or Stormwater Facilities.
15-133.C The Department shall compile such information as necessary to
determine whether there has been any failure in some significant way,
or a repeated failure, to implement or enforce the Waiver Community
Ordinance or this Ordinance.
15-133.D If the Department determines that there has been any failure in
some significant way, or a repeated failure, to implement or enforce the
Waiver Community Ordinance or this Ordinance, then it shall prepare
a report of its findings and determinations and file such report with the
Committee.
15-133.E The Department shall provide a copy of its report to the
complainant and the Community.
15-134. Formal Complaint of Committee
15-134.A After receipt of the Department report specified in Section 15-
133.E of this Ordinance, the Committee may request the State's
Attorney, by his assistant, to issue and serve on the Department or the
Community that is the subject of the investigation a written notice of
charges together with a formal complaint.
15-134.B The formal complaint shall specify the manner in which the
Community or the Department has failed in some significant way, or
has repeatedly failed, to implement or enforce the applicable
Stormwater Ordinance.
15-134.C The complaint shall also advise the Community or the
Department of its right to answer the charges specified therein at a
public hearing before the Committee. The date, time, and place of such
hearing shall be specified in the written notice.
15-134.D A copy of the written notice and formal complaint shall also be
sent to OWR, FEMA, adjacent communities within the same
Watershed Planning Area, and to any Person that has filed a
complaint about the Community or the Department within the six
months immediately preceding the date of the complaint.
15-135. Answer and Time for Filing. The Community or the Department shall
have the right to file a written answer to the allegations contained in the formal
complaint at least seven days prior to the date for which the public hearing is
first scheduled. No written answer shall be allowed to be filed less than seven
days prior to the date for which the public hearing is first scheduled except by
leave of the Committee. In lieu of filing an answer, the Community or the
Department may waive the public hearing and submit to a final determination
of the Committee issued in accordance with Sections 15-135 and 15-136.
15-136. Public Hearing. Any public hearing required by this Article shall be set,
noticed, and conducted by the Committee in accordance with the provisions
of Section 15-139 of this Ordinance. Such hearing shall be commenced not
less than 30 days nor more than 45 days after the date of service of the written
notice.
Article XVII. Waiver Communities
Sections 15-122 through 15-138 Page 94 of 157
15-137. Committee Decision
15-137.A After due consideration of all written and oral statements,
testimony, and arguments submitted at the public hearing, or upon
default in appearance of the Community or the Department on the
hearing day specified in the notice, the Committee shall issue a final
determination, as it shall deem appropriate under the circumstances.
15-137.B The Committee shall file a written opinion, within thirty-five (35)
days of the conclusion of the public hearing, stating the facts and
reasons leading to its decision.
15-137.C The Committee shall immediately notify the Community or the
Department of the Committee's opinion and order, if any, in writing.
15-137.D If the Committee determines that a fine or other penalty other
than reduction or rescission of waiver status is to be sought, then it shall
request the State's Attorney to file a complaint for such in a court of
competent jurisdiction.
15-137.E If the Committee determines that reduction or rescission of
waiver status is mandated then such reduction or rescission shall occur
at the direction of the Committee. The Committee's opinion and
determination may be appealed in a court of competent jurisdiction. Any
such appeal must be filed within thirty (30) days of issuance of the
Committee's written determination.
15-138. Committee Determinations. The Committee may by final
determination revoke any Partial Waiver or Complete Waiver of County
enforcement of this Ordinance previously granted, specifying the date on which
the revocation will be effective; or the Committee may issue any other order
directing the Community or the Department to take such actions or measures
as the Committee deems are necessary and appropriate to assure
cooperation and proper enforcement of the Waiver Community Ordinance or
this Ordinance.
Article XVIII. Miscellaneous Provisions
Sections 15-139 through 15-145 Page 95 of 157
ARTICLE XVIII. MISCELLANEOUS PROVISIONS
15-139. Public Hearings
15-139.A When the provisions of this Ordinance or the Waiver
Community Ordinance require a public hearing in connection with any
application, petition, or appeal, the Committee or the Oversight
Committee shall, upon receipt of a properly completed application,
petition, or notice, fix a reasonable time and place for such hearing;
provided, however, that such hearing shall be commenced no later than
sixty (60) days, and shall be concluded no later than one hundred twenty
(120) days, following the submission of the subject application, or
petition, unless hearing dates of the body are completely committed
during that time.
15-139.B All hearings shall be open to the public and shall be held before
the Committee or the Oversight Committee.
15-139.C The Committee or the Oversight Committee shall cause notice
to be given of public hearings in the form and manner and to the
Persons herein specified.
15-139.C.1 Such notice shall contain a description of the subject
matter to be heard or considered at the hearing, the address or
particular location of the subject Development, and the time,
place, and date of the hearing. The notice shall also contain a
reference to the particular sections of this Ordinance or the
Waiver Community Ordinance involved.
15-139.C.2 Notice of every hearing shall be given by mail or personal
delivery to the Applicant or petitioner. Notice by mail shall be
mailed no fewer than fourteen (14) days in advance of the
hearing by regular U.S. mail, except as otherwise specifically
provided in this Ordinance or the Waiver Community
Ordinance.
15-139.C.3 The Committee or the Oversight Committee shall
publish notice of the public hearing at least once, not less than
fourteen (14) days before the date for the hearing, in a
newspaper of general circulation in the geographic area where
the property that is the subject of the hearing is located.
15-139.D Any interested Person may appear and testify at a public
hearing, either in Person or by a duly authorized agent or attorney, and
may submit documentary evidence; provided, however, that the
Committee, and the Oversight Committee, may exclude irrelevant,
immaterial, or unduly repetitious evidence.
15-139.E Subject to the discretion of the Committee, and the Oversight
Committee, the Applicant or petitioner, or any other party to the
hearing, may be allowed any or all of the following rights:
15-139.E.1 To present witnesses on their behalf.
15-139.E.2 To cross-examine all witnesses testifying in opposition to
the application, petition, or appeal.
15-139.E.3 To examine and reproduce any documents produced at
the hearing.
Article XVIII. Miscellaneous Provisions
Sections 15-139 through 15-145 Page 96 of 157
15-139.E.4 To have subpoenas issued by the body in charge of the
hearing as may be provided by Illinois law for Persons to appear
at the hearings and for examination of documents by the Person
requesting the subpoena either before or during the hearing,
where such Persons or documents are shown to have a
substantial evidentiary connection with:
15-139.E.4.a. The Development to which the request applies;
or
15-139.E.4.b. Facts that would support or negate the legal
standards for granting or denying the request or appeal.
15-139.E.5 To a continuance, upon request, for the purpose of
presenting evidence to rebut evidence introduced by any other
Person. In determining whether to grant or withhold such rights,
the discretion of the Committee, and the Oversight
Committee, shall be governed by the goal of securing all
information and opinion relevant and material to its deliberations.
Such rights shall not be granted, however, when undue and
unwarranted delay would result or when to do so would tend to
produce no new evidence to aid the hearing body in reaching its
decision.
15-139.F The Committee, and the Oversight Committee, may at any
time, on its own motion or at the request of any Person, adjourn the
hearing for a reasonable time and to a fixed date, time, and place, for
the purpose of giving further notice, taking further evidence, gathering
further information, deliberating further, or for such other reason as the
Committee, and the Oversight Committee, may find sufficient. Proper
notice of such a recess shall be given to all parties to the hearing, and
any other Person designated by the Committee, and the Oversight
Committee.
15-139.G All testimony at every hearing shall be given under oath.
15-139.H Any Person may at any time prior to the commencement of a
hearing hereunder, or during such hearing, or within such time as may
be allowed by the Committee, and the Oversight Committee,
following such hearing, submit written statements in support of or in
opposition to the application, petition, or appeal being heard.
15-139.I All other matters pertaining to the conduct of hearings shall be
governed by the provisions of this Ordinance or the Waiver Community
Ordinance pertaining to, and the rules promulgated by, the Committee
or the Oversight Committee.
15-139.J The record of the public hearing shall include:
15-139.J.1 All notices and responses thereto; and
15-139.J.2 A transcript or notes, if any, of all oral testimony received,
the cost of which transcription shall be the responsibility of the
party requesting that the record be transcribed, and all written
information, if any, submitted by parties or the public; and
15-139.J.3 Any recommendation or report by the hearing body; and
15-139.J.4 All Department memoranda or data submitted to the
hearing body in connection with its consideration of the subject
matter of the hearing.
Article XVIII. Miscellaneous Provisions
Sections 15-139 through 15-145 Page 97 of 157
15-139.K The decision or recommendation of the Committee or the
Oversight Committee shall be in writing and shall include findings of
fact specifying the reasons for the decision. The copy of the written
decision shall be provided to the Applicant or petitioner and transmitted
to the County Board or the corporate authorities of a Waiver
Community.
15-140. Severability
15-140.A The several provisions of this Ordinance or the Waiver
Community Ordinance shall be severable in accordance with the
following rules:
15-140.A.1 If any court of competent jurisdiction shall adjudge any
provision of this Ordinance or the Waiver Community
Ordinance invalid, such judgment shall not affect any other
provisions of this Ordinance or the Waiver Community
Ordinance.
15-140.A.2 If any court of competent jurisdiction shall adjudge invalid
the application of any provision of this Ordinance, or the Waiver
Community Ordinance, to a particular Parcel of land, a
particular Structure, or a particular Development, such
judgment shall not affect the application of said provisions to any
other land, Structure, or Development.
15-140.B All such unaffected provisions of this Ordinance or the Waiver
Community Ordinance shall remain in full force and effect.
15-141. Most Restrictive Provisions Apply
15-141.A The provisions of this Ordinance and all applicable Waiver
Community Ordinances shall be interpreted to be cumulative of, and
to impose limitations in addition to, all other ordinances, laws, codes,
and regulations in existence or which may be passed governing any
subject matter of this Ordinance or the Waiver Community
Ordinances. To the greatest extent possible, the provisions of this
Ordinance and the Waiver Community Ordinances shall be construed
to be consistent with, and not in conflict with, the provisions of such
other ordinances, laws, codes, and regulations, and with each other, to
the end that all such provisions may be given their fullest application.
15-141.B This Ordinance is intended to repeal the original ordinance or
resolution which was adopted to meet the National Flood Insurance
Program regulations, but is not intended to repeal any resolution which
the applicable governmental entity passed in order to establish initial
eligibility for the National Flood Insurance Program.
15-142. Amendments. This Ordinance may be amended in accordance with the
adopted rules of the Committee and the DuPage County Board. Amendments
to this Ordinance shall take effect after the amendment is adopted by the
DuPage County Board. Unless otherwise noted, complete Stormwater
Management Certification Applications that are accepted prior to the effective
date of an amendment will not be subject to that amendment.
Article XVIII. Miscellaneous Provisions
Sections 15-139 through 15-145 Page 98 of 157
15-143. Effective Date. This Ordinance shall take effect for all purposes, and its
effective date shall be, February 15, 1992.
15-144. RESERVED
15-145. RESERVED
Appendix A Page 99 of 157
APPENDIX A – ACRONYMS, INITIALISMS AND DEFINITIONS
ACRONYMS AND INITIALISMS
AASHTO American Association of State Highway and Transportation Officials
BFE Base Flood Elevation
BMP Best Management Practice
CLOMC Conditional Letter of Map Change
CMAP Chicago Metropolitan Agency for Planning
CORS Continuously Operating Reference Station
DFIRM DuPage Flood Insurance Rate Map
EPA United States Environmental Protection Agency
FEMA Federal Emergency Management Agency
FEQ Full Equation model
FIA Flood Insurance Administration
FIRM Flood Insurance Rate Map
FPE Flood Protection Elevation
FQI Floristic Quality Index
GNSS Global Navigation Satellite System
GPS Global Positioning System
IDNR-OWR Illinois Department of Natural Resources - Office of Water Resources
IDOT Illinois Department of Transportation
IDPH Illinois Department of Public Health
IEPA Illinois Environmental Protection Agency
LOMC Letter of Map Change
LOP Letter of Permission
MEG Municipal Engineers Group
MRWQ Mean Rated Wildlife Quality
NARI Natural Area Rating Index
NFIP National Flood Insurance Program
NGS National Geodetic Survey
NPDES National Pollutant Discharge Elimination System
OHWM Ordinary High Water Mark
OPUS – RS Online Positioning System – Rapid Static service
OWR Illinois Department of Natural Resources - Office of Water Resources
PCBMP Post Construction Best Management Practices
RFM Regulatory Flood Map
SESC Soil Erosion and Sediment Control
SFHA Special Flood Hazard Area
SWPPP Storm Water Pollution Prevention Plan
TSS Total Suspended Solids
USACE United States Army Corps of Engineers
USEPA United States Environmental Protection Agency
Appendix A Page 100 of 157
DEFINITIONS
Within the context of this Ordinance or a Waiver Community Ordinance, the following words
and terms shall have the meanings set forth except where otherwise specifically indicated.
Words and terms not defined shall have the meanings indicated by common dictionary
definition.
Accessory Structure. A structure which is on the same parcel of property as a principal
structure and the use of which is incidental to the use of the principal structure. Accessory
structures are also referred to as appurtenant structures.
Administrator. The person administering the implementation and enforcement of this
Ordinance; or, the person administering the implementation and enforcement of a community
ordinance in a Waiver Community.
Adverse Hydraulic Impact. An increase of 0.10’ or more to the modeled flood profile for a
given storm event due to a proposed development activity.
Alternatives Analysis. The process of comparing and evaluating two 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.
Applicant. A person applying for a Stormwater Management Certification, which person must
be either the owner or the developer of the land specified in the application.
Appropriate Use. The only uses of the regulatory floodway that may be considered for a
Stormwater Management Certification. See Section 15-82 of this Ordinance.
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
Ordinance.
Base Flood. The flood having a one percent probability of being equaled or exceeded in a
given year. It is also known as the 1% chance or 100-year flood. It has been adopted by the
NFIP as the basis for mapping, insurance rating, and regulating new construction.
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 NAVD 88 datum.
Basic Development Purpose. The fundamental, essential function of the proposed activity.
Best Management Practices (BMPs). Design, construction, and maintenance practices and
criteria for stormwater facilities that minimize the impact of stormwater runoff rates and
volume, prevent erosion, and capture pollutants.
Appendix A Page 101 of 157
Buffer. The predominately vegetated area with a defined width adjacent to those areas that
meet the definition of wetland and waters of DuPage for the purpose of eliminating or
minimizing adverse impacts to those areas. Buffer may function to:
• reduce flood flow rates, velocit y and volume,
• promote bank stability, filter sediment, nutrients and other pollutants,
• insulate and moderate daily water temperatures,
• promote groundwater infiltration,
• provide habitat corridors for aquatic and terrestrial fauna and flora.
Building. A structure that is constructed or erected partially or wholly above ground and is
enclosed by walls and a roof. The term "building" includes manufactured homes and includes
both the above-ground and the below-ground portions of the structure. Free standing signs
or structures, such as kiosks are not considered to be buildings regulated in this Ordinance.
Certify/Certification. A statement that a proposed development meets the requirements of
this Ordinance.
Channel. Any river, stream, creek, brook, branch, natural or artificial depression, ponded
area, lake, flowage, slough, ditch, conduit, culvert, gully, ravine, swale, wash, or natural or
man-made drainageway, in or into which surface or groundwater flows, either perennially or
intermittently.
Committee. The Stormwater Management Planning Committee of the DuPage County
Board, authorized by Public Act 85-905.
Community. Any municipality, or the unincorporated County, within DuPage County acting
as a unit of local government.
Compensatory Storage. An excavated hydrologically and hydraulically equivalent volume
of storage created to offset the loss of existing flood storage.
CLOMA. A Conditional Letter of Map Amendment. A FEMA comment letter on a development
proposed to be located in, and affecting only that portion of, the area of flood plain outside
the regulatory floodway and having no impact on the existing regulatory floodway or base
flood elevations.
CLOMR. A Conditional Letter of Map Revision. A letter that indicates that FEMA will revise
base flood elevations, flood insurance rate zones, flood boundaries, or floodways as shown
on an effective FIRM or FBFM, after the record drawings are submitted and approved.
Complete Waiver. The authority granted to a community pursuant to Articles I, II, III, and
XVII of this Ordinance whereby a community acquires complete jurisdiction over reviewing
applications for and granting Stormwater Management Certifications.
County. The County of DuPage, Illinois.
Critical Duration. The duration of a storm event that results in the greatest peak runoff.
Appendix A Page 102 of 157
Critical Wetlands. Wetlands of the highest value by virtue of one or more high ranking
characteristics that result in a uniquely valuable environment. See Sections 15-85.E of this
Ordinance.
Dam. Any obstruction, wall, embankment, or barrier, together with any abutments and
appurtenant works, constructed to store or direct water or to create a pool (not including
underground water storage tanks).
Department. The DuPage County Department of Economic Development and Planning, or
successor department or agency.
Developer. Any person who undertakes development or certifies development on such
person's behalf.
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 man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mini ng, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials in flood plain,
flood way, wetland, waters or buffer areas. The term "development" does not include
maintenance.
Development Site. The contiguous parcels of land under the Ownership or Control of the
land owner or developer who is making Application for a Stormwater Management
Certification. When the development includes subdivision of a parcel, the development site
includes all land prior to subdivision. When the owner or developer controls only a portion of
a larger development which has already been constructed, the Administrator may consider
the larger, previously developed site as the “development site” if it was developed under a
Stormwater Management Permit issued after February 15, 1992.
Director. The DuPage County Director of Stormwater Management or his or her designee.
The Director of Stormwater Management shall be a professional engineer.
Direct Impact. Physical impact within wetland, waters, or buffer.
Dry Land. Land that is not a waters of the DuPage, which does not contain hydric soil, or can
be shown through a review of historic aerial photos spanning at least 4 decades leading up
to development that an area in question did not contain wetland area, but for an incidental
construction activity that caused the area to become wet.
Elevation Certificates. A form published by FEMA, or its equivalent, that is used to certify
the base flood elevation and the lowest elevation of usable space to which a building has
been constructed.
Environmental Scientist. A professional with a four-year degree in an earth or life science
curriculum and four years of professional experience in which the scientist has spent more
than 50% or their work time on wetland/environmental related tasks with an emphasis on
wetland delineation, ecology, restoration, and botany.
Appendix A Page 103 of 157
Existing Manufactured Home Park. A manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including, at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring on concrete pads) is completed before the effective
date of the flood plain management regulations adopted by a community.
Expansion to an Existing Manufactured Home Park. The preparation of additional sites
by the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including the installation of utilities, the construction of street, and either final site
grading or the pouring of concrete pads).
FBFM. A Flood Boundary and Floodway Map. A flood plain management map issued by
FEMA that depicts, based on detailed analysis, the boundaries of the base flood, the two
tenth percent (0.2%) probability flood, and the floodway.
FEMA. The Federal Emergency Management Agency.
FEMA Map Change. Any one or more of the following: CLOMR, LOMR, LOMA, CLOMR-F,
LOMR-F and physical map changes and other designations of map change as developed
under the NFIP.
FHBM. A Flood Hazard Boundary Map. An official map of a community, issued by FEMA, on
which the boundaries of the flood, mudslide or mudflow, or related erosion areas having
special hazards have been designated as Zones A, M, or E.
Filter Barrier. A temporary barrier installed below disturbed areas to intercept and retain
sediment.
FIRM. A Flood Insurance Rate Map. A map issued by FEMA that is an official community
map, on which map FEMA has delineated both the special hazard areas and the risk premium
zones applicable to the community. This map may or may not depict floodways. The current
effective FIRMs for the incorporated and unincorporated DuPage County are listed in Exhibit
2.
FIS. Flood Insurance Study. An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations. The current effective FIS’s for
the incorporated and unincorporated DuPage County are listed in Exhibit 2.
Flood or Flooding. A general and temporary condition of partial or complete inundation of
normally dry land areas from the unusual and rapid accumulation or runoff of surface waters
from any source.
Flood Plain. The area typically adjacent to and including a body of water where ground
surface elevations are at or below a specified flood elevation.
Floodproof. Additions, changes, or adjustments to structures or property that prevent the
entry of flood water in order to protect property from flood damage.
Appendix A Page 104 of 157
Floodproofing Certificate. A form published by FEMA that is used to certify that a structure
is floodproofed to one foot above the base flood elevation.
Flood Protection Elevation (FPE). The base flood elevation plus one foot of freeboard. If
an approved FEQ Watershed Plan Model produces a higher elevation than the regulatory
BFE, the FPE shall be the FEQ flood of record elevation plus one foot of freeboard.
Floodway. The channel and that portion of the flood plain adjacent to a stream or
watercourse that is needed to convey the base flood without cumulatively increasing the water
surface elevation more than 0.1 feet. The maps that identify the current effective floodways
for the incorporated and unincorporated DuPage County are listed in Exhibit 2.
Floodway Conveyance. The measure of the flow carrying capacity of the floodway section
and is defined using Manning's equation as, K = 1.49 AR2/3 where "n" is Manning’s roughness
factor, n
"A" is the effective area of the cross-section, and "R" is ratio of the wetted area to the wetted
perimeter.
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).
Hydrology. The science of the behavior of water, including its dynamics, composition, and
distribution in the atmosphere, on the surface of the earth, and underground.
Indirect Wetland Impact. A change in hydraulics or hydrology that causes a change in plant
community that reduces or eliminates wetland function without directly filling or excavating
wetland.
Impervious Area. Land cover that is including but not limited to non-porous asphalt or asphalt
sealants, non-porous 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 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 pre-development is the
maximum extent of the impervious surfaces that existed on the development site at the same
time in any of the 3 -years pre-dating the date of the application.
Interim Watershed Plan. A portion of a watershed plan adopted by the County Board that
does not yet contain all of the elements in Chapter 3 of the Plan.
Lake. A natural or artificial body of water encompassing an area of two or more acres that
retains water throughout the year.
Land Surveyor. A person licensed under the laws of the State of Illinois to practice land
surveying.
Appendix A Page 105 of 157
Letter of Permission (LOP). A request for approval to proceed with an action that is believed
to have met certain specified criteria as defined within the Ordinance.
LOMA. A Letter of Map Amendment. The official determination by FEMA that a specific
structure is not in a regulatory flood plain. A LOMA amends the effective FHBM, FBFM, or
FIRM.
LOMC. A Letter of Map Change. A Letter of Map Amendment or a Letter of Map Revision.
LOMR. A Letter of Map Revision. A letter from FEMA that revises base flood elevations, flood
insurance rate zones, flood boundaries, or floodway as shown on an effective FHBM, FBFM,
or FIRM.
Lowest Floor. The lowest floor of the lowest enclosed area (including basement). A
basement is any area of a building having its floor below grade on all sides. An unfinished or
flood resistant enclosure, usage solely for parking of vehicles, building access or storage in
an area other than a basement area is not considered a building’s lowest floor; provided, that
such enclosure is not built so as to render the structure in violation of the applicable non -
elevation design requirement of the Code of Federal Regulations 44, Part 60.3.
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.
Major Stormwater System. That portion of a stormwater facility needed to store and convey
flows beyond the capacity of the minor stormwater system.
Manufactured Home. A building, transportable in one or more sections, that is built on a
permanent chassis and is designated for use with or without a permanent foundation when
connected to the required utilities. The term "manufactured home" also includes park trailers,
travel trailers, and other similar vehicles placed on a site for more than 180 consecutive days.
Manufactured Home Park. A parcel or contiguous parcels of land divided into two or more
manufactured home lots for rent or sale.
Minor Development. The following parameters define Minor Development. The area
proposed to be disturbed by the development activities can be defined and limited in the field
to three acres or less, and;
• Does not involve any work within a wetland, buffer, or within 100 feet of a wetland
boundary; and
• Does not involve any work within a regulatory flood plain; and
• Does not involve 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 Non-Waiver Community if it exceeds 2,500 square feet of Net New
Impervious Area but does not meet the thresholds for providing site runoff storage
listed in Section 15-72.
Appendix A Page 106 of 157
Minor Stormwater System. That portion of a stormwater facility consisting of street gutters,
storm sewers, small open channels, swales, and similar facilities designed to convey runoff
from the 10-year flood event or less.
Mitigation. Measures taken to offset negative impacts by development to wetland, buffer or
flood plain areas. When a development unavoidably requires impact or loss of natural
resources, that impact must be offset (compensated or mitigated) by replacing or providing
substitute resources or environments. Mitigation shall take into consideration functions
wetlands and buffers may provide.
Native Vegetation. Plants indigenous to northeastern Illinois as defined within Plants of the
Chicago Region (Swink and Wilhelm. The Morton Arboretum, Lisle, Illinois).
Natural Areas Restoration Development. A development for which the basic development
purpose is the restoration or creation of natural areas including streambank or shoreline
restoration.
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 pre-development site.
New Construction. For the purposes of determining insurance rates, structures for which
the “Start of Construction” commenced on or after the effective date of an initial FIRM or
after December 31, 1974, whichever is later, and included any subsequent improvements to
such structures. For flood plain management purposes, new construction means structures
for which the Start of Construction commenced on or after the effective date of the flood
plain management regulation adopted by a community and includes any subsequent
improvements to such structures.
New Impervious Area. Impervious areas constructed under the set of plans associated with
an application for Stormwater Management Certification.
New Manufactured Home Park. A manufactured home park for which the construction of
facilities for servicing homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) is completed on or after the effective date of flood plain management regulation
adopted by a community.
NFIP. The National Flood Insurance Program. The requirements of the NFIP are codified in
Title 44 of the Code of Federal Regulations.
NRCS. The United States Department of Agriculture, Natural Resources Conservation
Service.
Open Space Development. Developments which create only incidental amounts of
impervious area, such as trails, picnic shelters, or playgrounds that involve grading and
vegetation removal, but do not alter significantly the pattern of stormwater runoff compared
to the Pre-Development Site. Open space developments are limited to 20% impervious
coverage in the With Development condition.
Appendix A Page 107 of 157
Ordinary High Water Mark (OHWM). The line on the shore established by the fluctuations
of water and indicated by physical characteristics such as a clear, natural line impressed on
the bank (scour line), shelving, changes in the character of soil, destruction of terrestrial
vegetation, the presence of litter and debris, or other appropriate means that consider the
characteristics of the surrounding areas.
Oversight Committee. A committee appointed by a Waiver Community to oversee the
implementation and enforcement of the Waiver Community's Ordinance.
OWR. The Illinois Department of Natural Resources, Office of Water Resources.
Parcel. Contiguous land under single ownership or control.
Partial Waiver. Authority granted to a community pursuant to Articles I, II, III, and XVII of this
Ordinance whereby the Waiver Community acquires limited jurisdiction over reviewing
applications for, and issuing, Stormwater Management Certifications.
Performance Standards. A set of criteria which a wetland, buffer, or natural areas
development must meet in order to obtain approval as outlined in a Stormwater Management
Certification.
Permanent Wetland Impact. The permanent conversion of wetland to non-wetland through
direct or indirect activities.
Person. Any individual, partnership, firm, school district, company, corporation, association,
joint stock company, trust, estate, unit of local government, special taxing district, public utility,
political subdivision, state agency, or any other legal entity, or owner, or any legal
representative, agent, or assign thereof.
Plan. The DuPage County Stormwater Management Plan, adopted by the DuPage County
Board in September 1989, as amended from time to time.
Post Construction BMPs. Features or infrastructure permanently installed onsite to treat
stormwater runoff for pollutants of concern and to reduce runoff volume, following
construction, for the life of the development.
Practicable Alternative. A development that is available and capable of being completed
after taking into consideration cost, existing technology, and logistics in light of the overall
basic development purpose. A study of practicable alternatives 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, and restoration and enhancement of habitats and development
economics. See also alternatives analysis.
Pre-Development Site. On the date of application, the Pre-Development site consists of
those existing site features that were either permitted or did not require permits at the time of
their construction, or were constructed prior to February 15, 1992. Specifically, such features
Appendix A Page 108 of 157
as pervious and impervious (paved or roof) surfaces, and existing drainage facilities, as well
as wetlands, flood plains/floodways and buffers are important pre-development site features.
Professional Engineer. A person licensed under the laws of the State of Illinois to practice
professional engineering.
Professional Engineering. The application of science to the design of engineering systems
and facilities, using the knowledge, skills, ability, and professional judgment developed
through professional engineering education, training, and experience.
Public Flood Easement. An easement acceptable to the appropriate jurisdictional body that
meets the regulation of the OWR, the Department, and the community, that provides legal
assurances that all areas subject to flooding in the created backwater of the development will
remain open to allow flooding.
Record Drawings. Drawings prepared, signed, and sealed by a professional engineer or
land surveyor representing the final "as-built" record of the actual in-place elevations, location
of structures, and topography.
Recreational Vehicle. A vehicle which is: (a) Built on a single chassis; (b) 400 square feet
or less when measured at the largest horizontal projections; (3) Designed to be self -propelled
or permanently towable by a light duty truck; and (4) Designed primarily not for use as a
permanent dwelling but as temporary living quarters for recreational, camping, travel, or
seasonal use.
Regulatory Flood Map (RFM). The flood plain map panels maintained and published by
DuPage County which reflect the current effective flood zone boundaries as shown on the
FIRM and all effective Letters of Map Change issued by FEMA.
Regulatory Flood Plain. The flood plain as determined by the base flood elevation used as
the basis for regulation in this Ordinance.
Regulatory Floodway. The floodway that is used as the basis for regulation in this
Ordinance.
Regulatory Wetlands. All wetlands other than critical wetlands.
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.
Runoff. The waters derived from melting snow or rain falling within a tributary drainage basin
that exceeds the infiltration capacity of the soils of that basin.
Sediment Basin. Settling ponds with pipe outlet, which have both a permanent pool (dead
storage) and additional volume (live and sediment storage) component, to detain sediment-
laden runoff from disturbed areas to allow sediment and debris to settle out.
Appendix A Page 109 of 157
Sediment Trap. A small, temporary ponding basin formed by the construction of an
embankment or excavated basin to detain sediment-laden runoff from disturbed areas to
allow sediment and debris to settle out.
Silt Fence. A temporary filter barrier of entrenched geotextile fabric (filter fabric) stretched
across and attached to supporting posts.
Soil Scientist. A person with a four-year degree in which the core curriculum included course
work in a minimum of two of the following fields: soil science, pedology, edophology, and
geomorphology, and which person has a minimum of two years of field experience in
classifying soils.
Special Flood Hazard Area (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,
A1-30, AE, A99, AH, VO, V1-30, VE, V, M, or E.
Start of Construction. The date the certification was issued provided the actual start of
construction, repair, reconstruction, rehabilitation, addition placement or other improvement
was within 180 days of the certification date. The actual start date includes the first day of
any land preparation, including clearing, grading, filling, or excavation. For substantial
improvements, the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of a building whether or not that alteration affects the external
dimensions of the building.
Stormwater Facility. All ditches, channels, conduits, bridges, culverts, levees, ponds, natural
and man-made impoundments, field tiles, swales, sewers, BMPS or other structures or
measures which serve as a means of draining surface and subsurface water from land.
Stormwater Management Certification. A certification established by this Ordinance or by
a Waiver Community's Stormwater Ordinance; and issued by the Department or a Waiver
Community signifying acceptance of measures identified for proposed development to
comply with this Ordinance and the Plan.
Structure. The term “structure” includes, without limitation: buildings, manufactured homes,
tanks, dams.
Structural Engineer. A person licensed under the laws of the State of Illinois as a structural
engineer.
Substantial Damage. Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exce ed 50 percent of
the market value of the structure before the damage occurred.
Substantial Improvement. Any repair, reconstruction, rehabilitation, addition, or other
improvement of a building, the cost of which improvement equals or exceeds, individually or
in the aggregate, 50 percent of the fair market value of the building, determined from the
equalized assessed value of the building, before the start of construction of the improvement
or, if the building has been damaged, before the damage occurred. The term "cost of
improvement" includes the value of volunteer labor and donated materials. The term "cost of
Appendix A Page 110 of 157
improvement" does not, however, include either (1) any development for improvement of a
building to correct existing violations of state or local health, sanitary, or safety code
specifications that have been identified by the local code enforcement official and that are the
minimum necessary to assure safe living conditions or (2) any alteration of a historic building
that will not preclude the building's continued designation as a historic building.
Temporary Wetland Impact. A wetland impact that would result in a short-term loss of
wetland function. Temporary wetland impacts do not result in a permanent conversion of
wetland to non-wetland. Temporary impacts do not include relocation of wetland, or
conversion of a vegetated community to open water, unless the conversion is part of an
overall wetland restoration/creation program that is submitted for review and approved.
Additionally, for the impact to be considered temporary, wetland soil profiles shall be able to
be restored to a similar pre-disturbance condition and elevation, vegetative communities shall
have the capability of being restored to same or higher quality, function; and the restoration
must occur within one year of the disturbance.
Total Impervious Area. The sum of the impervious area on a site.
Usable Space. Space used for dwelling, storage, utilities, or other beneficial purposes,
including without limitation basements.
USACE. United States Army Corps of Engineers.
Variance. An Authorization recommended by the Committee or an Oversight Committee, and
granted by the DuPage County Board or the corporate authorities of a Waiver Community,
that varies certain requirements of this Ordinance or a Waiver Community Ordinance in a
manner in harmony with the application of such ordinance's general purpose and intent, which
variance shall be granted only in a case where there are practical difficulties or particular
hardships.
Violation. Failure of a structure or other development to be fully compliant with the
regulations identified by Ordinance.
Waiver Community. A community that has been granted either a Partial Waiver or a
Complete Waiver from County enforcement of this Ordinance. See Article XVII of this
Ordinance.
Waiver Community Ordinance. An approved, valid, and effective stormwater management
ordinance of a Waiver Community. See Articles XVII of this Ordinance.
Water and Sewer Improvement Development. A development to construct, replace or
upgrade infrastructure to meet current IEPA 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.
Water Quality Best Management Practices Technical Guidance. This document is a
standalone guidance manual intended to be placed in Appendix E of the DuPage County
Countywide Stormwater and Flood Plain Ordinance (March 2008). The Guidance was
published in March 2008.
Appendix A Page 111 of 157
Watershed. All land area drained by, or contributing water to, the same stream, lake, or
stormwater facility.
Watershed Basin Committee. A technical committee established within a watershed
planning area.
Watershed Benefit. A decrease in flood elevations or flood damages or an improvement in
water quality, upstream or downstream of the development site.
Watershed Plan. A plan adopted by the County for stormwater management within a
watershed consistent with the requirements in Chapter 3 of the Plan.
Watershed Planning Area. That area considered in a specific watershed plan, adopted as
part of the Plan, and depicted on the attached Exhibit 1.
Watershed Plan Model. The hydrologic and hydraulic model meeting the standards of the
Plan and used in developing a watershed plan.
Waters of DuPage. All waters such as lakes, rivers, streams (including intermittent streams),
mudflats, wetlands, sloughs, wet meadows, or natural ponds.
Tributaries of waters identified above.
For clarification, waste treatment systems, including treatment ponds or lagoons designed to
meet the requirements of the Clean Water Act (other than cooling ponds as defined in 40
CFR 123.11(m) which also meet the criteria of this definition) are not Waters of DuPage.
The following are generally not considered to be Waters of DuPage. However, the Director,
or the Administrator, reserves the right on a case-by-case basis to determine that a particular
waterbody within these categories of waters is a Waters of DuPage.
• Drainage, irrigation and roadside ditches excavated on dry land.
• Artificially irrigated areas that would revert to upland if the irrigation ceased.
• Artificial lakes, ponds or wetlands created by excavating and/or diking dry land to
collect and retain water and which are used exclusively for such purposes as
stormwater storage, stock watering, irrigation, settling basins, or sediment traps.
• Artificial bodies of water created by excavating and/or diking dry land to retain water
for primarily aesthetic reasons.
• Waterfilled depressions created in dry land incidental to construction activity and pits
or quarries excavated in dry land for the purpose of obtaining fill, stone, aggregate,
sand, or gravel unless and until the construction or excavation operation is abandoned
for a period of 5 years or more and the resulting body of water meets the definition of
waters of DuPage.
Appendix A Page 112 of 157
Wetlands. Areas that are inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetland Impact. Development affecting the function of any wetland.
With-Development Site. The site features illustrated on the final certified plans for a
development, including unchanged areas or facilities of the pre-development site.
Appendix B Page 113 of 157
APPENDIX B – PERFORMANCE STANDARDS
Year 1 Must meet NPDES
standards 10%——Cover crop acceptable 100%
Year 2 No unvegetatated areas
>1m²25%——Required 100%
Year 3 No unvegetatated areas
>1m²75%20 3.5 Required 100%
TABLE 2. WETLAND CREATION
Year 1 Must meet NPDES
standards 10%10%——Cover crop
acceptable 100%
Year 2 No unvegetatated areas
>1m²25%25%——Required 100%
Year 3 No unvegetatated areas
>1m²50%50%15 3.0 Required 100%
Year 4 No unvegetatated areas
>1m²60%60%——Required 100%
Year 5 No unvegetatated areas
>1m²80%75%20 3.5 Required 100%
Footnote 1: BMP standards are only for BMPs with a tributary area greater than 1 acre. There are no performance standards for BMPs with tributary areas areas of
less than 1 acre.
Percent Cover
Native
Vegetation*
Monitoring and
Management Period
as Required by
Certification
Temporary Vegetative
Cover/ Permanent Soil
Stabilization*
Floristic Quality
Index (FQI)***
Coefficient of
Conservatism
(Ĉ)***
Percent Cover
Native
Vegetation*
Note: 1) Performance standards shall be applied to and achieved in each separate plant community zone and do not apply to designated open water areas.
**** Percentage can be adjusted downward based on quantities planted and when taking the context of the location into consideration.
TABLE 1. BUFFERS, WETLAND ENHANCEMENT, STREAMBANK STABILZATION AND NATIVE PLANTED PCBMPs (See Footnote 1)
2) Upon final acceptance, it is the expectation that the PCBMP will continue to be maintained as specified in the Stormwater Management Certification in perpetuity
or until modified by a subsequent Stormwater Management Certification.
** Species include, but are not limited to: Typha angustifolia, Typha X glauca, Phragmites australis, Lythrum salicaria, Salix interior, Phalaris arundinacea, Cirsium
arvense, Melilotus sp., Poa pratensis, Dipasacus sp.
None of Three Most
Dominant Species are
Non-native or
Invasive**
Survival Rate for
Trees and
Shrubs****
* As measured by aerial coverage, excluding the emergent zone. The emergent zone must achieve a minimum of 50% vegetative cover.
*** FQI and/or (Ĉ) can be adjusted downward when taking the context of the location into consideration. PCBMPs are not required to meet FQI or (Ĉ).
Monitoring and
Management Period
as Required by
Certification
Temporary Vegetative
Cover/ Permanent Soil
Stabilization *
Percent Cover of
Species as Listed
on Approved Plant
Mixes *
Floristic
Quality Index
(FQI)
Coefficient of
Conservatism
(Ĉ)
None of Three Most
Dominant Species
are non-native or
invasive**
Survival Rate for
Trees and
Shrubs****
Appendix C Page 114 of 157
APPENDIX C – CERTIFICATION FLOW CHARTS
Chart 1- Is a Stormwater Certification Required?
Chart 2 – Wetland Requirements
Chart 3 – Flood Plain Requirements
Appendix C Page 115 of 157
Does the area
disturbed by
construction cover
at least 5000 sf; or
does my
development
construct at least
2500 sf of net new
impervious area?
Does the development
consist of installation,
renovation or
replacement of a
septic system, potable
water service line, or
other utility to serve an
existing structure?
Does the
development
consist solely of
cultivation,
conservation
measures or
gardening?
Stormwater
Certification is
NOT REQUIRED;
SESC standards
must still be
observed during
construction.
Does my site
contain a
wetland or
buffer?
Go
to
Chart 2
Does my site
include a
regulatory flood
plain?
Go
to
Chart 3
Does the land
disturbance consist of
removal of vegetation or
pavement in rights-of-
way or public utility
easements for the
purpose of installing or
maintaining utilities?
Does the land
disturbance consist of
maintenance, repair or
at-grade replacement of
existing lawn areas not
otherwise requiring a
stormwater certification
under this ordinance?
Stormwater
Certification
is NOT
REQUIRED.
NO
YES
NO
YES
NO
NO
YES
YES
NO
YES YES NO
NO YES
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CHART 1: IS A STORMWATER CERTIFICATION REQUIRED?
Appendix C Page 116 of 157
Is there a
general
certification
applicable to
the proposed
development?
Consult the
Administrator.
Follow the
instructions and
special conditions
of the general
certification.
Does the
development
qualify for
certification as
a letter of
permission?
Consult
Administrator on
submittal
requirements,
Administrator
issues stormwater
certification.
SUBMIT
FOR
A
STORMWATER
CERTIFICATION
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NO
YES
NO
NO
YES
Appendix C Page 117 of 157
CHART 2: WETLAND REQUIREMENTS
Is there a Waters
of DuPage not
associated with
the wetlands on
the site?
Buffers
based only
on
wetlands.
Are the limits
of the wetlands
or Waters of
DuPage
readily
recognizable?
Can it be readily
shown that the limit
of disturbance of the
development is more
than 100’ from the
limit of the channel
or wetlands?
A formal wetland delineation is required
unless the Director or Administrator
concludes otherwise. The submittal
requires a wetland delineation report.
A buffer is mapped based on whether
the wetland is regulatory or critical and
the 100-year flood plain.
YES
NO
YES
The
Administrator
may waive formal
delineation and
County review in
partial waiver
communities. No
further wetland
requirements. NO
NO
YES
Additional
Buffer mapped
on-site.
Are buffers
impacted?
NO
Show wetlands,
waters and
buffer limits on
plans, but no
further buffer
issues.
YES
Are wetlands
impacted
either indirectly
or directly?
YES
NO
Provide
wetland and
buffer
mitigation
and
appropriate
submittals.
Provide buffer
mitigation
and
appropriate
submittals.
Appendix C Page 118 of 157
CHART 3: FLOOD PLAIN REQUIREMENTS
Is there a regulatory
flood plain or
floodway on the
development site,
based on the current
FIRM, DFIRM, RFM
or LOMC?
Does the development site
include a channel or swale
draining at least 100 acres; or
include a closed depression
draining at least 20 acres; or
the scope of the development
is greater than the other NFIP
thresholds?
A site specific
flood plain
study must be
prepared to
establish a BFE
for regulation
under this
ordinance.
YES NO
There is
no flood
plain on-
site
NO
YES
Does the
SFHA have an
associated
BFE adopted
by FEMA?
Has a flood plain
study been prepared
and adopted by the
County Board as part
of a watershed plan
or interim watershed
plan?
NO
YES
NO
Has the Director
published a higher
BFE for the
stream than that
shown as the
regulatory flood
profile by FEMA?
The flood plain fill and
compensatory storage required
for the development will be
based on the FEMA approved
flood profile, but any new
buildings or modifications to
existing building will be based
on the Director published flood
profile.
YES
YES
NO
The FEMA regulatory
flood profile projected
onto the property
topography is the flood
plain and determines
building elevations and
compensatory storage
requirements.
The
regulatory
BFE shall be
taken from
the watershed
plan or
interim
Exhibit 1
Watershed Planning Area Map Page 119 of 157
EXHIBIT 1
DuPage County Watershed Planning Areas
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 120 of 157
EXHIBIT 2
DU PAGE COUNTY, ILLINOIS
DESIGNATED FLOODWAYS / FLOOD PLAINS
INCORPORATED AND UNINCORPORATED AREAS
REGULATORY ≈ RFM’s: 0007 through 0287
E.D.’S : 07/10/10 or later
FIRM ≈ C-PN’S: 17043C 0101 thru 1006
E.D.’S : 12/16/04
FIS ≈ December 16, 2004
* * AURORA * *
FIRM ≈ C-PN’s: 170320 0015D thru 0030D; E.D.: 01-05-89
FIS ≈ January 5, 1989
WATERWAY MAP TYPE MAP NUMBER MAP DATE DESCRIPTION OF REACH
SELMARTEN CREEK FIRM 0015D 01/05/89 NORTH OF EAST-WEST TOLLWAY
2400’ EAST KANE-DUPAGE COUNTY
BOUNDARY.
WAUBANSEE CREEK FIRM 0020D & 0025D 01/05/89 KAUTZ RD TO SPRING LAKE.
******************************************************************************************************************************
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 121 of 157
* * BARTLETT * *
FBFW ≈ C-PN’s: 170059 0005 and 0007; E.D.: 03/15/84
FIRM ≈ C-PN”s 170059 003C, 005C, and 0007C; E.D.: 03/15/84
FIS ≈ December 15, 1980
WATERWAY MAP TYPE MAP NUMBER MAP DATE DESCRIPTION OF REACH
TRIBUTARY TO BREWSTER CREEK 0003 3/15/84
BREWSTER CREEK FBFW 0005 & 0007 3/15/84 APPLE VALLEY DRIVE WEST TO
FIRM 0005C & 0007C 3/15/84 MUNGER RD.
COUNTRY CREEK FBFW 0005 & 0007 3/15/84 DEVON AVE. SOUTH TO A POINT
SOUTH OF FIRM 0005C & 0007C 3/15/84 STERNS RD.
WEST BRANCH FBFW 0007 3/15/84 ACCESS RD. SOUTH OF STERNS
RD.
DUPAGE RIVER FIRM 0007C 3/15/84 TO ARMY TRAIL RD.
*********************************************************************************************************************
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 122 of 157
* * BENSENVILLE * *
FBFW ≈ C-PN’s: 170200 0002B and 0003B; E.D.: 02/04/81
FIRM ≈ C-PN”s 170200 0002B and 0003B; E.D.: 02/04/81
FIS ≈ August 4, 1980
WATERWAY MAP TYPE MAP NUMBER MAP DATE DESCRIPTION OF REACH
ADDISON CREEK FBFW 0003B 02/04/81 GEORGE ST. SOUTH TO
FIRM 0003B CORPORATE LIMITS.
ADDISON CREEK FBFW 0003B 02/04/81 MARION ST. TO GEORGE ST.
TRIB NO. 1 FIRM 0003B REERVOIR.
ADDISON CREEK FBFW 0003B 02/04/81 CHURCH RD. TO ADDISON CK.
TRIB NO. 2 FIRM 0003B NO.3 CONFLUENCE.
ADDISON CREEK FBFW 0003B 02/04/81 CHURCH ST. TO ADDISON CK
NO. 3 FIRM 0003B NO. 2 CONFLUENCE.
ADDISON CREEK FBFW 0003B 02/04/81 CHURCH ST. TO ADDISON CK.
TRIB NO. 4 FIRM 0003B NO. 2 CONFLUENCE.
BENSENVILLE FBFW 0002B 02/04/81 IRVING PK. RD. NORTH TO
DITCH FIRM 0002B CORPORATE LIMITS.
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 123 of 157
* * BOLINGBROOK * *
FBFW ≈ C-PN’s: 170812 0001 and 0003; E.D.: 07/16/84
FIRM ≈ C-PN”s 170812 0001D and 0003D; E.D.: 07/16/84
FIS ≈ July 16, 1984
WATERWAY MAP TYPE MAP NUMBER MAP DATE DESCRIPTION OF REACH
EAST BRANCH FBFW 0003 07/16/94 ROYCE RD. S.W. TO CORPORATE
DUPAGE REIVER FIRM 0003D 07/16/84 LIMITS.
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 124 of 157
* * BURR RIDGE * *
FBFW ≈ C-PN’s: 170071 0001; E.D.: 08/02/90
170071 0003; E.D.: 10/15/91
FIRM ≈ C-PN”s 170071 0001B; E.D.: 08/02/90
170071 0003B and 0005B; E.D.: 10/15/81
FIS ≈ August 2, 1990
WATERWAY MAP TYPE MAP NUMBER MAP DATE DESCRIPTION OF REACH
63 RD STREET FBFW 0001 08/02/90
DITCH FIRM 0001B 08/02/90
79 TH STREET FBFW 0003 10/15/81
DITCH FIRM 0003B 10/15/81
PLAINFIELD ROAD FBFW 0001 & 0003 08/02/90
DITCH FIRM 0001B & 0003B 10/15/81
FLAGG CREEK FBFW 0003 08/02/90
FIRM 0001B & 0003B 08/02/90
TRIBUTARY A FBFW 0003 10/15/91
FIRM 0003B 10/15/81
TRIBUTARY B FBFW 0003 10/15/81
FIRM 0003B 10/15/81
TRIBUTARY C FBFW 0003 10/15/81
FIRM 0003B 10/15/81
*********************************************************************************************************************
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 125 of 157
* * HINSDALE * *
REG. ≈ SC-4; E.D.: 07/01/79
FBFW ≈ C-PN’s: 170105 0002B thru 0004B; E.D.: 01/16/81
FIRM ≈ C-PN”s 170105 0002B thru 0004B; E.D.: 01/16/81
FIS ≈ July 16, 1980
WATERWAY MAP TYPE MAP NUMBER MAP DATE DESCRIPTION OF REACH
SALT CREEK REG SC-4 07/01/79 47,150 FT. ABOVE MOUTH TO
YORK
FBFW 0004B 01/16/81 ROAD AT 51,750 FT. ABOVE
MOUTH.
FIRM 0004B 01/16/81
BRONSWOOD FBFW 0002B 01/16/81 4200 FT. TO 7800 FT. ABOVE
CEMETARY TRIB. FIRM 0002B 01/16/81 MOUTH AT TE. 83.
59 TH STREET FBFW 0003B 01/16/81 63,050 FT. TO 38,925 FT.
ABOVE
DITCH FIRM 0003B 01/16/81 MOUTH.
FLAGG CREEK FBFW 0002B & 0004B 01/16/91
FIRM 0002B & 0004B 01/16/81
********************************************************************************************************************
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 126 of 157
* * NAPERVILLE * *
FBFW ≈ C-PN’s: 170213 0001C thru 0023C; E.D.: 05/23/92
FIS ≈ May 18, 1992
WATERWAY MAP TYPE MAP NUMBER MAP DATE DESCRIPTION OF REACH
EAST BRANCH FIRM 0001C, 0002C, 0006C, 05/18/92
0007C, 0012C, 0013C,
0017C
CRESS KREEK FIRM 0007C, 0008C, 0012C 05/18/92
SPRING BROOK FIRM 0011C, 0012C, 0013C, 05/18/92
0015C, 0016C
UNNAMED CK. S. FIRM 0017C 05/18/92
OF FOXCROFT
UNNAMED SOUTH FIRM 0017C 0518/92
OF 87 TH
WINDING CREEK FIRM 0016C, 0017C 05/18/92
*********************************************************************************************************************
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 127 of 157
* * ROSELLE * *
REG. ≈ SC-32 & SC-33; E.D.: 07/01/79
FBFW ≈ C-PN’s: 170216 0002B & 0004B; E.D.: 05/19/81
FIRM ≈ C-PN”s 170216 0002B & 0004B; E.D.: 05/19/81
FIS ≈ November 19, 1980
WATERWAY MAP TYPE MAP NUMBER MAP DATE DESCRIPTION OF REACH
SPRING BROOK REG SC-32 & SC-33 07/01/73 15,250 FT. TO 24,500 FT.
ABOVE
FBFW 0002B & 0004B 05/19/81 LAKE KADUFAH SPILLWAY.
FIRM 0002B & 0004B 05/19/81
WEST BRANCH FBFW 0002B 05/19/81
MEACHEM CREEK FIRM 0002B 05/19/81
WEST BRANCH FBFW 0004B 05/19/81
TRIBUTARY FIRM 0004B 05/19/81
*********************************************************************************************************************
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 128 of 157
* * WAYNE * *
FBFW ≈ C-PN’s: 1700865 0002 & 0004; E.D.: 12/01/81
FIRM ≈ C-PN”s 1700865 0002A & 0004A; E.D.: 12/01/81
FIS ≈ June 1, 1981
WATERWAY MAP TYPE MAP NUMBER MAP DATE DESCRIPTION OF REACH
NORTON CREEK FBFW 0004 12/01/81
FIRM 0004A 12/01/81
NORTON CREEK FBFW 0002 & 0004 12/01/81
TRIBUTARY FIRM 0002A & 0004A 12/01/81
*********************************************************************************************************************
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 129 of 157
FIRM Cross Index: Tributary Watersheds vs. (Panel Numbers, Incorporated Areas)
Tributary FIRM/RFM Panel Incorporated Areas / Unincorporated Areas
DesPlaines River,
Addison Creek (DPAC)
0305, 0306, 0308, 0309, 0603, 0606 ADDISON, BENSENVILLE, ELMHURST, UNINCORPORATED DUPAGE
COUNTY, WOOD DALE
DesPlaines River,
Bensenville Ditch
(DPBD)
0302, 0303, 0305, 0306 BENSENVILLE, CHICAGO, UNINCORPORATED DUPAGE COUNTY, WOOD
DALE
DesPlaines River, Black
Partridge Creek (DPBP)
1001, 1004 DARIEN, LEMONT, UNINCORPORATED DUPAGE COUNTY, WOODRIDGE
DesPlaines River,
Crystal Creek (DPCT)
0303 CHICAGO
DesPlaines River, Main
Stem (DPDP)
0908, 0909, 1001, 1002, 1003, 1004, 1005,
1006
ARGONNE NATIONAL LAB, BURR RIDGE, DARIEN, LEMONT,
UNINCORPORATED DUPAGE COUNTY, WOODRIDGE
DesPlaines River, Flagg
Creek (DPFC)
0609, 0902, 0903, 0905, 0906, 0909, 1003 BURR RIDGE, CLARENDON HILLS, DARIEN, HINSDALE,
UNINCORPORATED DUPAGE COUNTY, WESTMONT, WILLOWBROOK
DesPlaines River, Lily
Cache (DPLL)
0809, 0907, 1001 BOLINGBROOK, DARIEN, UNINCORPORATED DUPAGE COUNTY,
WOODRIDGE
DesPlaines River,
Willow Creek (DPWL)
0302, 0303, 0305, 0306 BENSENVILLE, CHICAGO, ELK GROVE VILLAGE, UNINCORPORATED
DUPAGE COUNTY, WOOD DALE
DuPage River,
Springbrook #2 (DUSG)
0705, 0706, 0707, 0708, 0709, 0807 AURORA, NAPERVILLE, UNINCORPORATED DUPAGE COUNTY
East Branch DuPage
River, Armitage Creek
(EBAR)
0208, 0209 CAROL STREAM, GLENDALE HEIGHTS, UNINCORPORATED DUPAGE
COUNTY
East Branch DuPage
River, Army Trail Road
Tributary (EBAT)
0206, 0209 ADDISON, BLOOMINGDALE, GLENDALE HEIGHTS, UNINCORPORATED
DUPAGE COUNTY
East Branch DuPage
River, Crabtree Creek
(EBCR)
0806, 0809, 0907 UNINCORPORATED DUPAGE COUNTY, WOODRIDGE
East Branch DuPage
River, Tributary #1
(EBE1)
0209, 0307, 0503, 0601 ADDISON, LOMBARD, UNINCORPORATED DUPAGE COUNTY
East Branch DuPage
River, Tributary #2
(EBE2)
0208, 0209, 0502, 0503 GLEN ELLYN, GLENDALE HEIGHTS, UNINCORPORATED DUPAGE
COUNTY
East Branch DuPage
River, Tributary #3
(EBE3)
0506, 0604 LOMBARD, UNINCORPORATED DUPAGE COUNTY
East Branch DuPage
River, Tributary #6
(EBE6)
0804, 0805, 0808 LISLE, NAPERVILLE, UNINCORPORATED DUPAGE COUNTY, WOODRIDGE
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 130 of 157
East Branch DuPage
River, Tributary #7
(EBE7)
0805, 0808, 0809 NAPERVILLE, UNINCORPORATED DUPAGE COUNTY, WOODRIDGE
East Branch DuPage
River, Main Stem
(EBEB)
0205, 0206, 0208, 0209, 0307, 0502, 0503,
0505, 0506, 0508, 0509, 0601, 0602, 0604,
0605, 0607, 0802, 0803, 0805, 0806, 0808,
0809
ADDISON, BLOOMINGDALE, BOLINGBROOK, DOWNERS GROVE, GLEN
ELLYN, GLENDALE HEIGHTS, LISLE, LOMBARD, NAPERVILLE,
UNINCORPORATED DUPAGE COUNTY, WHEATON, WOODRIDGE
East Branch DuPage
River, Glen Crest Creek
(EBGL)
0505, 0506, 0508, 0509 GLEN ELLYN, LOMBARD, UNINCORPORATED DUPAGE COUNTY,
WHEATON
East Branch DuPage
River, Glen Park
(EBGP)
0509, 0607 DOWNERS GROVE, LOMBARD, UNINCORPORATED DUPAGE COUNTY
East Branch DuPage
River, Lacey Creek
(EBLA)
0509, 0607, 0608, 0803, 0901, 0902 DOWNERS GROVE, LOMBARD, OAK BROOK, UNINCORPORATED DUPAGE
COUNTY
East Branch DuPage
River, Prentiss Creek
(EBPR)
0803, 0805, 0806, 0809, 0904, 0905, 0907,
0908
DARIEN, DOWNERS GROVE, LISLE, UNINCORPORATED DUPAGE
COUNTY, WOODRIDGE
East Branch DuPage
River, Rott Creek
(EBRC)
0409, 0507, 0508, 0703, 0801, 0802, 0805 LISLE, NAPERVILLE, UNINCORPORATED DUPAGE COUNTY,
WARRENVILLE, WHEATON
East Branch DuPage
River, St. Josephs
Creek (EBSJ)
0608, 0802, 0803, 0806, 0901, 0902, 0904,
0905
DARIEN, DOWNERS GROVE, LISLE, UNINCORPORATED DUPAGE
COUNTY, WESTMONT
East Branch DuPage
River, Swift Meadows
(EBSM)
0206, 0209 ADDISON, BLOOMINGDALE, UNINCORPORATED DUPAGE COUNTY
East Branch DuPage
River, 22nd Street
(EBTS)
0506, 0509, 0604, 0607 DOWNERS GROVE, LOMBARD, UNINCORPORATED DUPAGE COUNTY
East Branch DuPage
River, Willoway Brook
(EBWI)
0505, 0507, 0508, 0509, 0802 GLEN ELLYN, LISLE, UNINCORPORATED DUPAGE COUNTY, WHEATON
Fox River, Brewster
Creek (FRBC)
0101, 0102, 0104, 0105 BARTLETT, UNINCORPORATED DUPAGE COUNTY, WAYNE
Fox River, Indian Creek
(FRIC)
0404, 0407, 0701, 0704 AURORA, FERMI NATIONAL ACCEL. LAB, UNINCORPORATED DUPAGE
COUNTY
Fox River, Norton Creek
(FRNC)
0101, 0104, 0105, 0107, 0108 BARTLETT, ST, CHARLES, UNINCORPORATED DUPAGE COUNTY, WAYNE,
WEST CHICAGO
Fox River, Waubansee
Creek (FRWA)
0702, 0704, 0705, 0707, 0708 AURORA, NAPERVILLE, UNINCORPORATED DUPAGE COUNTY
Salt Creek, Bronswood
Creek (SCBW)
0608, 0609, 0902, 0903 CLARENDON HILLS, DOWNERS GROVE, HINSDALE, OAK BROOK,
UNINCORPORATED DUPAGE COUNTY, WESTMONT
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 131 of 157
Salt Creek, Devon
Avenue Tributary
(SCDA)
0203, 0301, 0302 ITASCA, UNINCORPORATED DUPAGE COUNTY
Salt Creek, Ginger
Creek (SCGC)
0604, 0605, 0606, 0607, 0608, 0609 DOWNERS GROVE, LOMBARD, OAK BROOK, OAKBROOK TERRACE,
UNINCORPORATED DUPAGE COUNTY, WESTMONT
Salt Creek, Oak Brook
Tributary (SCOB)
0605, 0606 OAK BROOK, OAKBROOK TERRACE, UNINCORPORATED DUPAGE
COUNTY
Salt Creek, Spring
Brook Creek (SCSB)
0202, 0203, 0205, 0206, 0301, 0302, 0304 ADDISON, BLOOMINGDALE, ITASCA, ROSELLE, SCHAUMBURG,
UNINCORPORATED DUPAGE COUNTY, WOOD DALE
Salt Creek Main Stem
(SCSC)
0301, 0302, 0304, 0305, 0307, 0308, 0309,
0601, 0602, 0603, 0605, 0606, 0609, 0903
ADDISON, ELK GROVE VILLAGE, ELMHURST, HINSDALE, ITASCA,
LOMBARD, OAK BROOK, OAKBROOK TERRACE, UNINCORPORATED
DUPAGE COUNTY, VILLA PARK, WOOD DALE
Salt Creek, Sugar Creek
(SCSU)
0602, 0604, 0605, 0606 ELMHURST, LOMBARD, OAKBROOK TERRACE, UNINCORPORATED
DUPAGE COUNTY, VILLA PARK
Salt Creek, Westwood
Creek (SCWC)
0206, 0209, 0304, 0305, 0307, 0308, 0601 ADDISON, LOMBARD, UNINCORPORATED DUPAGE COUNTY, VILLA PARK,
WOOD DALE
Sawmill Creek Main
Stem
(SWSW)
0905, 0906, 0908, 0909, 1001, 1002, 1005 ARGONNE NATIONAL LAB, BURR RIDGE, DARIEN, DOWNERS GROVE,
LEMONT, UNINCORPORATED DUPAGE COUNTY, WILLOWBROOK,
WOODRIDGE
Sawmill Creek, Wards
Creek (SWWD)
0907, 0908, 1001, 1002 DARIEN, DOWNERS GROVE, UNINCORPORATED DUPAGE COUNTY,
WOODRIDGE
West Branch DuPage
River, Cress Creek
(WBCC)
0703, 0706, 0801, 0804 NAPERVILLE, UNINCORPORATED DUPAGE COUNTY, WARRENVILLE
West Branch DuPage
River, Ferry Creek
(WBFE)
0404, 0405, 0407, 0408, 0409, 0701, 0702,
0703, 0704, 0705
AURORA, FERMI NATIONAL ACCEL. LAB., NAPERVILLE,
UNINCORPORATED DUPAGE COUNTY, WARRENVILLE
West Branch DuPage
River, South of Foxcroft
(WBFX)
0709, 0807 NAPERVILLE, UNINCORPORATED DUPAGE COUNTY
West Branch DuPage
River, Klein Creek
(WBKC)
0109, 0204, 0205, 0207, 0208, 0403, 0501,
0502
BLOOMINGDALE, CAROL STREAM, GLENDALE HEIGHTS, HANOVER
PARK, UNINCORPORATED DUPAGE COUNTY, WHEATON, WINFIELD
West Branch DuPage
River, Kress Creek
(WBKR)
0107, 0108, 0401, 0402, 0404, 0405 BATAVIA, FERMI NATIONAL ACCEL. LAB., ST, CHARLES,
UNINCORPORATED DUPAGE COUNTY, WEST CHICAGO
West Branch DuPage
River, Spring Brook #1
(WBSP)
0406, 0408, 0409, 0502, 0504, 0505, 0507,
0508
GLEN ELLYN, UNINCORPORATED DUPAGE COUNTY, WARRENVILLE,
WHEATON
West Branch DuPage
River, Steeple Run
(WBSR)
0801, 0802, 0804, 0805 LISLE, NAPERVILLE, UNINCORPORATED DUPAGE COUNTY,
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 132 of 157
West Branch DuPage
River, Tributary #1
(WBW1)
0103, 0106, 0201, 0202, 0204, 0205 BLOOMINGDALE, HANOVER PARK, ROSELLE, UNINCORPORATED
DUPAGE COUNTY
West Branch DuPage
River, Tributary #2
(WBW2)
0102, 0103 BARTLETT, HANOVER PARK, UNINCORPORATED DUPAGE COUNTY
West Branch DuPage
River, Tributary #3
(WBW3)
0108, 0109, 0402, 0403 UNINCORPORATED DUPAGE COUNTY, WEST CHICAGO
West Branch DuPage
River, Tributary #4
(WBW4)
0106, 0109, 0204, 0207 BLOOMINGDALE, CAROL STREAM, HANOVER PARK, UNINCORPORATED
DUPAGE COUNTY, WEST CHICAGO
West Branch DuPage
River, Tributary #5
(WBW5)
0402, 0403, 0406 UNINCORPORATED DUPAGE COUNTY, WEST CHICAGO, WINFIELD
West Branch DuPage
River, Tributary #6
(WBW6)
0804, 0805, 0807 LISLE, NAPERVILLE, UNINCORPORATED DUPAGE COUNTY
West Branch DuPage
River, Tributary #7
(WBW7)
0804, 0805, 0807, 0808 LISLE, NAPERVILLE, UNINCORPORATED DUPAGE COUNTY
West Branch DuPage
River, Tributary #8
(WBW8)
0709, 0807 NAPERVILLE, UNINCORPORATED DUPAGE COUNTY
West Branch DuPage
River Main Stem
(WBWB)
0102, 0103, 0105, 0106, 0108, 0109, 0201,
0202, 0204, 0402, 0403, 0405, 0406, 0408,
0409, 0501, 0507, 0702, 0703, 0705, 0706,
0709, 0801, 0804, 0807, 0808
AURORA, BARTLETT, BLOOMINGDALE, CAROL STREAM, FERMI
NATIONAL ACCEL. LAB., HANOVER PARK, NAPERVILLE, ROSELLE,
SCHAUMBURG, UNINCORPORATED DUPAGE COUNTY, WARRENVILLE,
WAYNE, WEST CHICAGO, WINFIELD
West Branch DuPage
River, Winfield Creek
(WBWF)
0207, 0208, 0403, 0406, 0501, 0502, 0504,
0505
CAROL STREAM, GLEN ELLYN, GLENDALE HEIGHTS, UNINCORPORATED
DUPAGE COUNTY, WHEATON, WINFIELD
West Branch DuPage
River, Winding Creek
(WBWG)
0709, 0807 NAPERVILLE, UNINCORPORATED DUPAGE COUNTY
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 133 of 157
FIRM Cross Index: Panel Numbers vs (Tributary Watersheds, Incorporated Areas)
Panel Tributary Watershed Incorporated Areas / Unincorporated Areas
0101 FRBC, FRNC BARTLETT, UNINCORPORATED DUPAGE COUNTY, WAYNE
0102 FRBC, WBW2, WBWB BARTLETT, UNINCORPORATED DUPAGE COUNTY
0103 WBW1, WBW2, WBWB BARTLETT, HANOVER PARK, UNINCORPORATED DUPAGE COUNTY
0104 FRBC, FRNC BARTLETT, ST, CHARLES, UNINCORPORATED DUPAGE COUNTY, WAYNE,
WEST CHICAGO
0105 FRBC, FRNC, WBWB BARTLETT, UNINCORPORATED DUPAGE COUNTY, WAYNE
0106 WBW1, WBW4, WBWB BARTLETT, CAROL STREAM, HANOVER PARK, UNINCORPORATED
DUPAGE COUNTY
0107 FRNC, WBKR ST, CHARLES, UNINCORPORATED DUPAGE COUNTY, WEST CHICAGO
0108 FRNC, WBKR, WBW3, WBWB UNINCORPORATED DUPAGE COUNTY, WEST CHICAGO
0109 WBKC, WBW3, WBW4, WBWB CAROL STREAM, UNINCORPORATED DUPAGE COUNTY, WEST CHICAGO
0201 WBW1, WBWB BLOOMINGDALE, HANOVER PARK, ROSELLE, UNINCORPORATED DUPAGE
COUNTY
0202 SCSB, WBW1, WBWB BLOOMINGDALE, ROSELLE, SCHAUMBURG, UNINCORPORATED DUPAGE
COUNTY
0203 SCDA, SCSB BLOOMINGDALE, ITASCA, ROSELLE, UNINCORPORATED DUPAGE
COUNTY
0204 WBKC, WBW1, WBW4, WBWB BLOOMINGDALE, CAROL STREAM, HANOVER PARK, UNINCORPORATED
DUPAGE COUNTY
0205 EBEB, SCSB, WBKC, WBW1 BLOOMINGDALE, GLENDALE HEIGHTS, ROSELLE, UNINCORPORATED
DUPAGE COUNTY
0206 EBAT, EBEB, EBSM, SCSB, SCWC ADDISON, BLOOMINGDALE, GLENDALE HEIGHTS, ITASCA,
UNINCORPORATED DUPAGE COUNTY
0207 WBKC, WBW4, WBWF CAROL STREAM, UNINCORPORATED DUPAGE COUNTY, WINFIELD
0208 EBAR, EBE2, EBEB, WBKC, WBWF BLOOMINGDALE, CAROL STREAM, GLENDALE HEIGHTS,
UNINCORPORATED DUPAGE COUNTY
0209 EBAR, EBAT, EBE1, EBE2, EBEB,
EBSM, SCWC
ADDISON, BLOOMINGDALE, GLENDALE HEIGHTS, LOMBARD,
UNINCORPORATED DUPAGE COUNTY
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 134 of 157
0301 SCDA, SCSB, SCSC ITASCA, UNINCORPORATED DUPAGE COUNTY, WOOD DALE
0302 DPBD, DPWL, SCDA, SCSB, SCSC BENSENVILLE, ELK GROVE VILLAGE, ITASCA, UNINCORPORATED
DUPAGE COUNTY, WOOD DALE
0303 DPBD, DPCT, DPWL BENSENVILLE, CHICAGO, ELK GROVE VILLAGE
0304 SCSB, SCSC, SCWC ADDISON, ITASCA, UNINCORPORATED DUPAGE COUNTY, WOOD DALE
0305 DPAC, DPBD, DPW L, SCSC, SCWC ADDISON, BENSENVILLE, UNINCORPORATED DUPAGE COUNTY, WOOD
DALE
0306 DPAC, DPBD, DPWL BENSENVILLE, CHICAGO, UNINCORPORATED DUPAGE COUNTY
0307 EBE1, EBEB, SCSC, SCWC ADDISON, LOMBARD, UNINCORPORATED DUPAGE COUNTY, VILLA PARK
0308 DPAC, SCSC, SCWC ADDISON, ELMHURST, UNINCORPORATED DUPAGE COUNTY, VILLA PARK
0309 DPAC, SCSC BENSENVILLE, ELMHURST, UNINCORPORATED DUPAGE COUNTY
0401 WBKR UNINCORPORATED DUPAGE COUNTY, WEST CHICAGO
0402 WBKR, WBW3, WBW5, WBWB UNINCORPORATED DUPAGE COUNTY, WEST CHICAGO
0403 WBKC, WBW3, WBW5, WBWB,
WBWF
UNINCORPORATED DUPAGE COUNTY, WEST CHICAGO, WINFIELD
0404 FRIC, WBFE, WBKR BATAVIA, FERMI NATIONAL ACCEL. LAB., WEST CHICAGO
0405 WBFE, WBKR, WBWB FERMI NATIONAL ACCEL. LAB., UNINCORPORATED DUPAGE COUNTY,
WARRENVILLE, WEST CHICAGO
0406 WBSP, WBW5, WBWB, WBWF UNINCORPORATED DUPAGE COUNTY, WHEATON, WINFIELD
0407 FRIC, WBFE AURORA, FERMI NATIONAL ACCEL. LAB., UNINCORPORATED DUPAGE
COUNTY
0408 WBFE, WBSP, WBWB AURORA, FERMI NATIONAL ACCEL. LAB., NAPERVILLE,
UNINCORPORATED DUPAGE COUNTY, WARRENVILLE
0409 EBRC, WBFE, WBSP, WBWB NAPERVILLE, UNINCORPORATED DUPAGE COUNTY, WARRENVILLE,
WHEATON
0501 WBKC, WBWB, WBWF CAROL STREAM, UNINCORPORATED DUPAGE COUNTY, WHEATON,
WINFIELD
0502 EBE2, EBEB, WBKC, WBSP, WBWF CAROL STREAM, GLEN ELLYN, GLENDALE HEIGHTS, UNINCORPORATED
DUPAGE COUNTY, WHEATON
0503 EBE1, EBE2, EBEB GLEN ELLYN, GLENDALE HEIGHTS, LOMBARD, UNINCORPORATED
DUPAGE COUNTY
0504 WBSP, WBWF UNINCORPORATED DUPAGE COUNTY, WHEATON, WINFIELD
0505 EBEB, EBGL, EBWI, WBSP, WBWF GLEN ELLYN, UNINCORPORATED DUPAGE COUNTY, WHEATON
0506 EBE3, EBEB, EBGL, EBTS GLEN ELLYN, LOMBARD, UNINCORPORATED DUPAGE COUNTY
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 135 of 157
0507 EBRC, EBWI, WBSP, WBWB LISLE, NAPERVILLE, UNINCORPORATED DUPAGE COUNTY, WHEATON
0508 EBEB, EBGL, EBRC, EBWI, WBSP GLEN ELLYN, LISLE, UNINCORPORATED DUPAGE COUNTY, WHEATON
0509 EBEB, EBGL, EBGP, EBLA, EBTS,
EBWI
DOWNERS GROVE, GLEN ELLYN, UNINCORPORATED DUPAGE COUNTY
0601 EBE1, EBEB, SCSC, SCWC LOMBARD, UNINCORPORATED DUPAGE COUNTY, VILLA PARK
0602 EBEB, SCSC, SCSU ELMHURST, LOMBARD, UNINCORPORATED DUPAGE COUNTY, VILLA
PARK
0603 DPAC, SCSC ELMHURST, VILLA PARK
0604 EBE3, EBEB, EBTS, SCGC, SCSU GLEN ELLYN, LOMBARD, UNINCORPORATED DUPAGE COUNTY
0605 EBEB, SCGC, SCOB, SCSC, SCSU ELMHURST, LOMBARD, OAK BROOK, OAKBROOK TERRACE,
UNINCORPORATED DUPAGE COUNTY, VILLA PARK
0606 DPAC, SCGC, SCOB, SCSC, SCSU ELMHURST, OAK BROOK, OAKBROOK TERRACE, UNINCORPORATED
DUPAGE COUNTY, VILLA PARK
0607 EBEB, EBGP, EBLA, EBTS, SCGC DOWNERS GROVE, LOMBARD, OAK BROOK, UNINCORPORATED DUPAGE
COUNTY
0608 EBLA, EBSJ, SCBW, SCGC DOWNERS GROVE, LOMBARD, OAK BROOK, OAKBROOK TERRACE,
UNINCORPORATED DUPAGE COUNTY, WESTMONT
0609 DPFC, SCBW, SCGC, SCSC HINSDALE, OAK BROOK, OAKBROOK TERRACE, WESTMONT
0701 FRIC, WBFE AURORA, NAPERVILLE, UNINCORPORATED DUPAGE COUNTY
0702 FRWA, WBFE, WBWB AURORA, NAPERVILLE, UNINCORPORATED DUPAGE COUNTY,
WARRENVILLE
0703 EBRC, WBCC, WBFE, WBWB NAPERVILLE, UNINCORPORATED DUPAGE COUNTY, WARRENVILLE
0704 FRIC, FRWA, WBFE AURORA, NAPERVILLE, UNINCORPORATED DUPAGE COUNTY
0705 DUSG, FRWA, WBFE, WBWB AURORA, NAPERVILLE, UNINCORPORATED DUPAGE COUNTY
0706 DUSG, WBCC, WBWB NAPERVILLE, UNINCORPORATED DUPAGE COUNTY
0707 DUSG, FRWA AURORA, UNINCORPORATED DUPAGE COUNTY
0708 DUSG, FRWA AURORA, NAPERVILLE, UNINCORPORATED DUPAGE COUNTY
0709 DUSG, WBFX, WBW8, WBWB,
WBWG
NAPERVILLE, UNINCORPORATED DUPAGE COUNTY
0801 EBRC, WBCC, WBSR, WBWB LISLE, NAPERVILLE, UNINCORPORATED DUPAGE COUNTY
0802 EBEB, EBRC, EBSJ, EBWI, WBSR LISLE, UNINCORPORATED DUPAGE COUNTY
0803 EBEB, EBLA, EBPR, EBSJ DOWNERS GROVE, LISLE, UNINCORPORATED DUPAGE COUNTY
0804 EBE6, WBCC, WBSR, WBW6,
WBW7, WBWB
LISLE, NAPERVILLE, UNINCORPORATED DUPAGE COUNTY
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 136 of 157
0805 EBE6, EBE7, EBEB, EBPR, EBRC,
WBSR, WBW6, WBW7
LISLE, NAPERVILLE, UNINCORPORATED DUPAGE COUNTY, WOODRIDGE
0806 EBCR, EBEB, EBPR, EBSJ DOWNERS GROVE, LISLE, UNINCORPORATED DUPAGE COUNTY,
WOODRIDGE
0807 DUSG, WBFX, WBW6, WBW7,
WBW8, WBWB, WBWG
NAPERVILLE, UNINCORPORATED DUPAGE COUNTY
0808 EBE6, EBE7, EBEB, WBW7, WBWB NAPERVILLE, UNINCORPORATED DUPAGE COUNTY, WOODRIDGE
0809 DPLL, EBCR, EBE7, EBEB, EBPR BOLINGBROOK, UNINCORPORATED DUPAGE COUNTY, WOODRIDGE
0901 EBLA, EBSJ DOWNERS GROVE, UNINCORPORATED DUPAGE COUNTY
0902 DPFC, EBLA, EBSJ, SCBW CLARENDON HILLS, DOWNERS GROVE, UNINCORPORATED DUPAGE
COUNTY, WESTMONT
0903 DPFC, SCBW, SCSC CLARENDON HILLS, HINSDALE, OAK BROOK, UNINCORPORATED DUPAGE
COUNTY, WESTMONT
0904 EBPR, EBSJ DARIEN, DOWNERS GROVE, UNINCORPORATED DUPAGE COUNTY,
WESTMONT
0905 DPFC, EBPR, EBSJ, SWSW CLARENDON HILLS, DARIEN, DOWNERS GROVE, UNINCORPORATED
DUPAGE COUNTY, WESTMONT, WILLOWBROOK
0906 DPFC, SWSW BURR RIDGE, CLARENDON HILLS, DARIEN, HINSDALE, UNINCORPORATED
DUPAGE COUNTY, WILLOWBROOK
0907 DPLL, EBCR, EBPR, SWWD DARIEN, DOWNERS GROVE, UNINCORPORATED DUPAGE COUNTY,
WOODRIDGE
0908 DPDP, EBPR, SWSW, SWWD DARIEN, DOWNERS GROVE, UNINCORPORATED DUPAGE COUNTY,
WILLOWBROOK
0909 DPDP, DPFC, SWSW BURR RIDGE, DARIEN, UNINCORPORATED DUPAGE COUNTY,
WILLOWBROOK
1001 DPBP, DPDP, DPLL, SWSW, SWWD ARGONNE NATIONAL LAB, BOLINGBROOK, DARIEN, LEMONT,
UNINCORPORATED DUPAGE COUNTY, WOODRIDGE
1002 DPDP, SWSW, SWWD ARGONNE NATIONAL LAB, DARIEN, UNINCORPORATED DUPAGE COUNTY
1003 DPDP, DPFC BURR RIDGE, LEMONT, UNINCORPORATED DUPAGE COUNTY
1004 DPBP, DPDP ARGONNE NATIONAL LAB, DARIEN, LEMONT, UNINCORPORATED DUPAGE
COUNTY, WOODRIDGE
1005 DPDP, SWSW ARGONNE NATIONAL LAB, LEMONT, UNINCORPORATED DUPAGE COUNTY
1006 DPDP LEMONT, UNINCORPORATED DUPAGE COUNTY
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 137 of 157
FIRM Cross Index: Incorporated Areas vs. (Panel Numbers, Tributary Watersheds)
Area DFIRM/RFM Panel Tributary Watershed
ADDISON 0206, 0209, 0304, 0305, 0307, 0308 DPAC, EBAT, EBE1, EBEB, EBSM, SCSB, SCSC,
SCWC
ARGONNE NATIONAL
LAB
0809, 1002, 1004, 1005 DPDP, SWSW
AURORA 0407, 0408, 0701, 0702, 0704, 0705, 0707, 0708 DUSG, FRIC, FRWA, WBFE, WBWB
BARTLETT 0101, 0102, 0103, 0104, 0105, 0106 FRBC, FRNC, WBW2, WBWB
BATAVIA 0404 WBKR
BENSENVILLE 0302, 0303, 0305, 0306, 0309 DPAC, DPBD, DPWL
BLOOMINGDALE 0201, 0202, 0203, 0204, 0205, 0206, 0207, 0208,
0209
EBAT, EBEB, EBSM, SCSB, WBKC, WBW1,
WBW4, WBWB
BOLINGBROOK 0809 DPLL,EBEB
BURR RIDGE 0906, 0909, 1003 DPDP, DPFC, SWSW
CAROL STREAM 0106, 0109, 0204, 0205, 0207, 0208, 0501, 0502 EBAR, WBKC, WBW4, WBWB, WBWF
CHICAGO 0303, 0306 DPBD, DPCT, DPWL
CLARENDON HILLS 0902, 0903, 0905, 0906 DPFC, SCBW
DARIEN 0809, 0904, 0905, 0906, 0907, 0908, 0909, 1002,
1003, 1004
DPBP, DPDP, DPFC, DPLL, EBPR, EBSJ, SWSW,
SWWD
DOWNERS GROVE 0509, 0607, 0608, 0803, 0806, 0901, 0902, 0904,
0905, 0907, 0908
EBEB, EBGP, EBLA, EBPR, EBSJ, EBTS, SCBW,
SCGC, SWSW, SWWD
ELK GROVE VILLAGE 0302, 0303 DPWL, SCSC
ELMHURST 0308, 0309, 0602, 0603, 0605, 0606 DPAC, SCSC, SCSU
FERMI NATIONAL
ACCEL. LAB.
0401, 0402, 0404, 0405, 0407, 0408 FRIC, WBFE, WBKR, WBWB
GLEN ELLYN 0502, 0503, 0505, 0506, 0508, 0509, 0604 EBE2, EBEB, EBGL, EBWI, WBSP, WBWF
GLENDALE HEIGHTS 0205, 0206, 0208, 0209, 0502, 0503 EBAR, EBAT, EBE2, EBEB, WBKC, WBWF
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 138 of 157
HANOVER PARK 0103, 0106, 0201, 0204 WBKC, WBW1, WBW2, WBW4, WBWB
HINSDALE 0609, 0903, 0906 DPFC, SCBW, SCSC
ITASCA 0203, 0206, 0301, 0302, 0304 SCDA, SCSB, SCSC
LEMONT 0809, 1003, 1004, 1005, 1006 DPBP, DPDP, SWSW
LISLE 0507, 0508, 0801, 0802, 0803, 0804, 0805, 0806 EBE6, EBEB, EBPR, EBRC, EBSJ, EBWI, WBSR,
WBW6, WBW7
LOMBARD 0209, 0307, 0503, 0506, 0509, 0601, 0602, 0604,
0605, 0607, 0608
EBE1, EBE3, EBEB, EBGL, EBGP, EBLA, EBTS,
SCGC, SCSC, SCSU, SCWC
NAPERVILLE 0408, 0409, 0507, 0701, 0702, 0703, 0704, 0705,
0706, 0708, 0709, 0801, 0804, 0805, 0807, 0808
DUSG, EBE6, EBE7, EBEB, EBRC, FRWA,
WBCC, WBFE, WBFX, WBSR, WBW6, WBW7,
WBW8, WBWB, WBWG
OAK BROOK 0605, 0606, 0607, 0608, 0609, 0903 EBLA, SCBW, SCGC, SCOB, SCSC
OAKBROOK
TERRACE
0605, 0606, 0608, 0609 SCGC, SCOB, SCSC, SCSU
ROSELLE 0201, 0202, 0203, 0205 SCSB, WBW1, WBWB
SCHAUMBURG 0202 SCSB,WBWB
ST, CHARLES 0104, 0107 FRNC, WBKR
UNINCORPORATED
DUPAGE COUNTY
0101, 0102, 0103, 0104, 0105, 0106, 0107, 0108,
0109, 0201, 0202, 0203, 0204, 0205, 0206, 0207,
0208, 0209, 0301, 0302, 0304, 0305, 0306, 0307,
0308, 0309, 0401, 0402, 0403, 0405, 0406, 0407,
0408, 0409, 0501, 0502, 0503, 0504, 0505, 0506,
0507, 0508, 0509, 0601, 0602, 0604, 0605, 0606,
0607, 0608, 0701, 0702, 0703, 0704, 0705, 0706,
0707, 0708, 0709, 0801, 0802, 0803, 0804, 0805,
0806, 0807, 0808, 0809, 0901, 0902, 0903, 0904,
0905, 0906, 0907, 0908, 0909, 1002, 1003, 1004,
1005, 1006
DPAC, DPBD, DPBP, DPDP, DPFC, DPLL, DPWL,
DUSG, EBAR, EBAT, EBCR, EBE1, EBE2, EBE3,
EBE6, EBE7, EBEB, EBGL, EBGP, EBLA, EBPR,
EBRC, EBSJ, EBSM, EBTS, EBWI, FRBC, FRIC,
FRNC, FRWA, SCBW, SCDA, SCGC, SCOB,
SCSB, SCSC, SCSU, SCWC, SWSW, SWWD,
WBCC, WBFE, WBFX, WBKC, WBKR, WBSP,
WBSR, WBW1, WBW2, WBW3, WBW4, WBW5,
WBW6, WBW7, WBW8, WBWB, WBWF, WBWG
VILLA PARK 0307, 0308, 0601, 0602, 0603, 0605, 0606 SCSC, SCSU, SCWC
WARRENVILLE 0405, 0408, 0409, 0702, 0703 EBRC, WBCC, WBFE, WBSP, WBWB
WAYNE 0101, 0104, 0105 FRBC, FRNC, WBWB
WEST CHICAGO 0104, 0107, 0108, 0109, 0401, 0402, 0403, 0404,
0405
FRNC, WBKR, WBW3, WBW4, WBW5, WBWB
WESTMONT 0608, 0609, 0902, 0903, 0904, 0905 DPFC, EBSJ, SCBW, SCGC
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 139 of 157
WHEATON 0406, 0409, 0501, 0502, 0504, 0505, 0507, 0508 EBEB, EBGL, EBRC, EBWI, WBKC, WBSP,
WBWF
WILLOWBROOK 0905, 0906, 0908, 0909 DPFC, SWSW
WINFIELD 0207, 0403, 0406, 0501, 0504 WBKC, WBW5, WBWB, WBWF
WOOD DALE 0301, 0302, 0304, 0305, 0306 DPAC, DPBD, DPWL, SCSB, SCSC, SCWC
WOODRIDGE 0805, 0806, 0808, 0809, 0904, 0907, 1004 DPBP, DPDP, DPLL, EBCR, EBE6, EBE7, EBEB,
EBPR, SWSW, SWWD
RFM Tiling Scheme Cross Index: Tributary Watersheds vs (Panel Numbers, Incorporated Areas)
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 140 of 157
Tribshed DFIRM/RFM Panel Incorporated Areas / Unincorporated Areas
Des Plaines River, Addison Creek (DPAC)
0078 0079 0083 0086 0087 0089 0091
0093 0181 ADDISON, BENSENVILLE, ELMHURST, UNINC, WOOD DALE
Des Plaines River, Bensenville Ditch (DPBD) 0077 0078 0079 0081 0083 0091 BENSENVILLE, CHICAGO, UNINC, WOOD DALE
Des Plaines River, Black Partridge Creek (DPBP) 0257 0259 0267 DARIEN, LEMONT, UNINC, WOODRIDGE
Des Plaines River, Crystal Creek (DPCT) 0081 CHICAGO
Des Plaines River, Main Stem (DPDP)
0259 0267 0277 0278 0279 0281 0283
0286 0287
ARGONNE NATIONAL LAB*, BURR RIDGE, DARIEN,
LEMONT, UNINC, WOODRIDGE
Des Plaines River, Flagg Creek (DPFC)
0183 0186 0187 0188 0189 0191 0193
0277 0281 0283
BURR RIDGE, CLARENDON HILLS, DARIEN, HINSDALE,
UNINC, WESTMONT, WILLOWBROOK
Des Plaines River, Willow Creek (DPWL) 0076 0077 0078 0079 0081 0083
BENSENVILLE, CHICAGO, ELK GROVE VILLAGE, UNINC,
WOOD DALE
DuPage River, Lily Cache (DULC) 0256 0257 0259 BOLINGBROOK, DARIEN, UNINC, WOODRIDGE
DuPage River, Spring Brook #2 (DUSG) 0139 0143 0226 0227 0231 0232 AURORA, NAPERVILLE, UNINC
East Branch DuPage River, Armitage Creek (EBAR) 0061 0062 0064 0066 0068 CAROL STREAM, GLENDALE HEIGHTS, UNINC
East Branch DuPage River, Army Trail Road Tributary (EBAT) 0058 0066 ADDISON, BLOOMINGDALE, UNINC
East Branch DuPage River, Crabtree Creek (EBCR) 0168 0169 0252 0256 0257 UNINC, WOODRIDGE
East Branch DuPage River, Tributary #1 (EBE1) 0066 0067 0068 0069 ADDISON, GLEN ELLYN, LOMBARD, UNINC
East Branch DuPage River, Tributary #2 (EBE2) 0062 0064 0066 0068 GLEN ELLYN, GLENDALE HEIGHTS, UNINC
East Branch DuPage River, Tributary #3 (EBE3) 0156 0157 LOMBARD, UNINC
East Branch DuPage River, Tributary #6 (EBE6) 0161 0162 0163 0164 LISLE, NAPERVILLE, UNINC, WOODRIDGE
East Branch DuPage River, Tributary #7 (EBE7) 0163 0164 0251 0252 NAPERVILLE, UNINC, WOODRIDGE
East Branch DuPage River, Main Stem (EBEB)
0053 0054 0058 0062 0064 0066 0067
0068 0069 0088 0152 0154 0156 0157
0158 0159 0161 0162 0164 0166 0168
0176 0232 0251 0252 0256
ADDISON, BLOOMINGDALE, BOLINGBROOK, DOWNERS
GROVE, GLEN ELLYN, GLENDALE HEIGHTS, LISLE,
LOMBARD, NAPERVILLE, UNINC, WHEATON, WOODRIDGE
East Branch DuPage River, Glen Crest Creek (EBGL) 0152 0154 0156 0158 GLEN ELLYN, LOMBARD, UNINC, WHEATON
East Branch DuPage River, Glen Park Tributary (EBGP) 0158 0159 DOWNERS GROVE, LOMBARD, UNINC
East Branch DuPage River, Lacey Creek (EBLA) 0158 0159 0166 0167 0178 0186 DOWNERS GROVE, LOMBARD, OAK BROOK, UNINC
East Branch DuPage River, Prentiss Creek (EBPR)
0162 0164 0166 0168 0169 0188 0257
0276 DARIEN, DOWNERS GROVE, LISLE, UNINC, WOODRIDGE
East Branch DuPage River, Rott Creek (EBRC) 0134 0142 0153 0161 0162 LISLE, NAPERVILLE, UNINC, WARRENVILLE, WHEATON
East Branch DuPage River, St. Joseph Creek (EBSJ)
0158 0159 0162 0166 0167 0168 0169
0178 0186 0188 DARIEN, DOWNERS GROVE, LISLE, UNINC, WESTMONT
East Branch DuPage River, Swift Meadows Tributary (EBSM) 0058 0066 ADDISON, BLOOMINGDALE, UNINC
East Branch DuPage River, 22nd Street (EBTS) 0156 0157 0158 0159 DOWNERS GROVE, LOMBARD, UNINC
East Branch DuPage River, Willoway Brook (EBWI) 0151 0152 0153 0154 0161 0162 GLEN ELLYN, LISLE, UNINC, WHEATON
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 141 of 157
Fox River, Brewster Creek (FRBC) 0007 0009 0026 0027 0028 0029 BARTLETT, UNINC, WAYNE
Fox River, Indian Creek (FRIC) 0107 0109 0117 0119 0128 0136 0138 AURORA, FERMI NATIONAL ACCEL. LAB*, UNINC
Fox River, Norton Creek (FRNC) 0009 0017 0028 0029 0036 0037 BARTLETT, ST CHARLES, UNINC, WAYNE, WEST CHICAGO
Fox River, Waubansee Creek (FRWA)
0119 0136 0137 0138 0139 0141 0207
0226 0227 AURORA, NAPERVILLE, UNINC
Salt Creek, Bronswood Tributary (SCBW) 0178 0179 0183 0186 0187 0191
CLARENDON HILLS, HINSDALE, OAK BROOK, UNINC,
WESTMONT
Salt Creek, Devon Avenue Tributary (SCDA) 0056 0057 0076 ITASCA, UNINC, WOOD DALE
Salt Creek, Ginger Creek (SCGC) 0157 0159 0176 0177 0178 0179
DOWNERS GROVE, LOMBARD, OAK BROOK, OAKBROOK
TERRACE, UNINC, WESTMONT
Salt Creek, Oak Brook Tributary (SCOB) 0176 0177 OAK BROOK, OAKBROOK TERRACE, UNINC
Salt Creek, Spring Brook Creek (SCSB)
0051 0052 0053 0054 0056 0057 0058
0059 0076 0078
ADDISON, BLOOMINGDALE, ITASCA, ROSELLE,
SCHAUMBURG, UNINC, WOOD DALE
Salt Creek, Main Stem (SCSC)
0057 0059 0067 0069 0076 0078 0086
0087 0088 0089 0093 0176 0177 0179
0181 0183 0187 0191
ADDISON, ELK GROVE VILLAGE, ELMHURST, HINSDALE,
ITASCA, LOMBARD, OAK BROOK, OAKBROOK TERRACE,
UNINC, VILLA PARK, WOOD DALE
Salt Creek, Sugar Creek (SCSU) 0088 0089 0157 0176 0177
ELMHURST, LOMBARD, OAKBROOK TERRACE, UNINC,
VILLA PARK
Salt Creek, Westwood Creek (SCWC)
0058 0059 0066 0067 0069 0078 0086
0088 ADDISON, LOMBARD, UNINC, VILLA PARK, WOOD DALE
Sawmill Creek, Main Stem (SWSW)
0188 0189 0193 0257 0259 0276 0277
0278 0279 0281
ARGONNE NATIONAL LAB*, BURR RIDGE, DARIEN,
DOWNERS GROVE, LEMONT, UNINC, WILLOWBROOK,
WOODRIDGE
Sawmill Creek, Ward Creek (SWWD) 0169 0188 0257 0259 0276 DARIEN, DOWNERS GROVE, UNINC, WOODRIDGE
West Branch DuPage River, Cress Creek (WBCC) 0141 0142 0143 0144 0161 NAPERVILLE, UNINC, WARRENVILLE
West Branch DuPage River, Ferry (WBFE)
0107 0109 0126 0127 0128 0129 0133
0136 0137 0138 0141
AURORA, FERMI NATIONAL ACCEL. LAB*, NAPERVILLE,
UNINC, WARRENVILLE
West Branch DuPage River, South of Foxcroft Tributary (WBFX) 0232 NAPERVILLE, UNINC
West Branch DuPage River, Klein Creek (WBKC)
0034 0041 0042 0043 0044 0053 0054
0061 0062 0063
BLOOMINGDALE, CAROL STREAM, GLENDALE HEIGHTS,
HANOVER PARK, UNINC, WHEATON, WINFIELD
West Branch DuPage River, Kress Creek (WBKR)
0017 0019 0036 0037 0038 0039 0107
0109 0126 0127
BATAVIA, FERMI NATIONAL ACCEL. LAB*, ST CHARLES,
UNINC, WEST CHICAGO
West Branch DuPage River, Spring Brook #1 (WBSP)
0063 0064 0129 0131 0132 0133 0134
0151 0152 0153 0154 GLEN ELLYN, UNINC, WARRENVILLE, WHEATON
West Branch DuPage River, Steeple Run Tributary (WBSR) 0142 0144 0161 0163 LISLE, NAPERVILLE, UNINC
West Branch DuPage River, Tributary #1 (WBW1) 0032 0034 0051 0053 BLOOMINGDALE, HANOVER PARK, ROSELLE, UNINC
West Branch DuPage River, Tributary #2 WBW2) 0027 0031 0032 0033 BARTLETT, HANOVER PARK, UNINC
West Branch DuPage River, Tributary #3 (WBW3) 0037 0039 0041 0043 UNINC, WEST CHICAGO
West Branch DuPage River, Tributary #4 (WBW4) 0033 0034 0041 0042 0043
BLOOMINGDALE, CAROL STREAM, HANOVER PARK,
UNINC, WEST CHICAGO
West Branch DuPage River, Tributary #5 (WBW5) 0039 0043 0131 UNINC, WEST CHICAGO, WINFIELD
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 142 of 157
West Branch DuPage River, Tributary #6 (WBW6) 0144 0163 LISLE, NAPERVILLE, UNINC
West Branch DuPage River, Tributary #7 (WBW7) 0144 0163 0232 0251 LISLE, NAPERVILLE, UNINC
West Branch DuPage River, Tributary #8 (WBW8) 0232 NAPERVILLE, UNINC
West Branch DuPage River, Main Stem (WBWB)
0027 0028 0029 0031 0032 0033 0034
0037 0039 0041 0043 0044 0051 0052
0053 0126 0127 0129 0131 0132 0133
0134 0137 0139 0141 0142 0143 0144
0163 0232 0251 0252
AURORA, BARTLETT, BLOOMINGDALE, CAROL STREAM,
FERMI NATIONAL ACCEL. LAB*, HANOVER PARK,
NAPERVILLE, ROSELLE, SCHAUMBURG, UNINC,
WARRENVILLE, WAYNE, WEST CHICAGO, WINFIELD
West Branch DuPage River, Winfield Creek (WBWF)
0044 0061 0062 0063 0064 0131 0132
0151 0152
CAROL STREAM, GLEN ELLYN, GLENDALE HEIGHTS,
UNINC, WHEATON, WINFIELD
West Branch DuPage River, Winding Creek (WBWG) 0143 0144 0231 0232 NAPERVILLE, UNINC
*Argonne Nat’l Lab. and Fermi Nat’l Accel. Lab. are not formally incorporated jurisdictions, but rather are U. S. Federal Lands and are included herein for Stormwater Management purposes only.
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 143 of 157
RFM Tiling Scheme Cross Index: Panel Numbers vs (Tributary Watersheds, Incorporated Areas)
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 144 of 157
Panel Tributary Watershed Incorporated Areas / Unincorporated Areas
0007 FRBC BARTLETT, UNINC
0009 FRBC FRNC UNINC, WAYNE
0017 FRNC WBKR ST CHARLES, UNINC, WAYNE, WEST CHICAGO
0019 WBKR UNINC, WEST CHICAGO
0026 FRBC BARTLETT, UNINC
0027 FRBC WBW2 WBWB BARTLETT, UNINC
0028 FRBC FRNC WBWB BARTLETT, UNINC, WAYNE
0029 FRBC FRNC WBWB BARTLETT, UNINC, WAYNE
0031 WBW2 WBWB BARTLETT, HANOVER PARK, UNINC
0032 WBW1 WBW2 WBWB BARTLETT, HANOVER PARK, ROSELLE, UNINC
0033 WBW2 WBW4 WBWB BARTLETT, CAROL STREAM, HANOVER PARK, UNINC
0034 WBKC WBW1 WBW4 WBWB BLOOMINGDALE, CAROL STREAM, HANOVER PARK, UNINC
0036 FRNC WBKR ST CHARLES, UNINC, WAYNE, WEST CHICAGO
0037 FRNC WBKR WBW3 WBWB UNINC, WAYNE, WEST CHICAGO
0038 WBKR UNINC, WEST CHICAGO
0039 WBKR WBW3 WBW5 WBWB UNINC, WEST CHICAGO
0041 WBKC WBW3 WBW4 WBWB CAROL STREAM, UNINC, WEST CHICAGO
0042 WBKC WBW4 CAROL STREAM, UNINC
0043 WBKC WBW3 WBW4 WBW5 WBWB UNINC, WEST CHICAGO, WINFIELD
0044 WBKC WBWB WBWF CAROL STREAM, UNINC, WHEATON, WINFIELD
0051 SCSB WBW1 WBWB HANOVER PARK, ROSELLE, SCHAUMBURG, UNINC
0052 SCSB WBWB BLOOMINGDALE, ROSELLE, SCHAUMBURG, UNINC
0053 EBEB SCSB WBKC WBW1 WBWB BLOOMINGDALE, CAROL STREAM, GLENDALE HEIGHTS, ROSELLE, UNINC
0054 EBEB SCSB WBKC BLOOMINGDALE, GLENDALE HEIGHTS, ROSELLE, UNINC
0056 SCDA SCSB ITASCA, ROSELLE, UNINC
0057 SCDA SCSB SCSC ITASCA, UNINC
0058 EBAT EBEB EBSM SCSB SCWC ADDISON, BLOOMINGDALE, ITASCA, UNINC
0059 SCSB SCSC SCWC ADDISON, ITASCA, UNINC, WOOD DALE
0061 EBAR WBKC WBWF BLOOMINGDALE, CAROL STREAM, GLENDALE HEIGHTS, UNINC
0062 EBAR EBE2 EBEB WBKC WBWF BLOOMINGDALE, GLENDALE HEIGHTS, UNINC
0063 WBKC WBSP WBWF CAROL STREAM, GLENDALE HEIGHTS, UNINC, WHEATON
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 145 of 157
0064 EBAR EBE2 EBEB WBSP WBWF CAROL STREAM, GLEN ELLYN, GLENDALE HEIGHTS, UNINC, WHEATON
0066 EBAR EBAT EBE1 EBE2 EBEB EBSM SCWC ADDISON, BLOOMINGDALE, GLENDALE HEIGHTS, LOMBARD, UNINC
0067 EBE1 EBEB SCSC SCWC ADDISON, LOMBARD, UNINC
0068 EBAR EBE1 EBE2 EBEB GLEN ELLYN, GLENDALE HEIGHTS, LOMBARD, UNINC
0069 EBE1 EBEB SCSC SCWC LOMBARD, UNINC, VILLA PARK
0076 DPWL SCDA SCSB SCSC BENSENVILLE, ELK GROVE VILLAGE, ITASCA, UNINC, WOOD DALE
0077 DPBD DPWL BENSENVILLE, CHICAGO, ELK GROVE VILLAGE, UNINC, WOOD DALE
0078 DPAC DPBD DPWL SCSB SCSC SCWC ADDISON, ITASCA, UNINC, WOOD DALE
0079 DPAC DPBD DPWL ADDISON, BENSENVILLE, CHICAGO, UNINC, WOOD DALE
0081 DPBD DPCT DPWL CHICAGO
0083 DPAC DPBD DPWL BENSENVILLE, CHICAGO, UNINC
0086 DPAC SCSC SCWC ADDISON, UNINC, VILLA PARK
0087 DPAC SCSC ADDISON, BENSENVILLE, ELMHURST, UNINC, VILLA PARK
0088 EBEB SCSC SCSU SCWC ADDISON, ELMHURST, LOMBARD, UNINC, VILLA PARK
0089 DPAC SCSC SCSU ELMHURST, UNINC, VILLA PARK
0091 DPAC DPBD BENSENVILLE, ELMHURST, UNINC
0093 DPAC SCSC ELMHURST
0107 FRIC WBFE WBKR BATAVIA, FERMI NATIONAL ACCEL. LAB*, UNINC, WEST CHICAGO
0109 FRIC WBFE WBKR AURORA, FERMI NATIONAL ACCEL. LAB*, UNINC
0117 FRIC AURORA, UNINC
0119 FRIC FRWA AURORA, UNINC
0126 WBFE WBKR WBWB FERMI NATIONAL ACCEL. LAB*, UNINC, WEST CHICAGO
0127 WBFE WBKR WBWB FERMI NATIONAL ACCEL. LAB*, UNINC, WARRENVILLE, WEST CHICAGO
0128 FRIC WBFE AURORA, FERMI NATIONAL ACCEL. LAB*, UNINC
0129 WBFE WBSP WBWB AURORA, FERMI NATIONAL ACCEL. LAB*, NAPERVILLE, UNINC, WARRENVILLE
0131 WBSP WBW5 WBWB WBWF UNINC, WEST CHICAGO, WINFIELD
0132 WBSP WBWB WBWF UNINC, WHEATON, WINFIELD
0133 WBFE WBSP WBWB NAPERVILLE, UNINC, WARRENVILLE
0134 EBRC WBSP WBWB NAPERVILLE, UNINC, WARRENVILLE, WHEATON
0136 FRIC FRWA WBFE AURORA, NAPERVILLE, UNINC
0137 FRWA WBFE WBWB AURORA, NAPERVILLE, UNINC, WARRENVILLE
0138 FRIC FRWA WBFE AURORA, NAPERVILLE, UNINC
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 146 of 157
0139 DUSG FRWA WBWB AURORA, NAPERVILLE, UNINC
0141 FRWA WBCC WBFE WBWB NAPERVILLE, UNINC, WARRENVILLE
0142 EBRC WBCC WBSR WBWB NAPERVILLE, UNINC, WARRENVILLE
0143 DUSG WBCC WBWB WBWG NAPERVILLE, UNINC
0144 WBCC WBSR WBW6 WBW7 WBWB WBWG NAPERVILLE, UNINC
0151 EBWI WBSP WBWF UNINC, WHEATON
0152 EBEB EBGL EBWI WBSP WBWF GLEN ELLYN, UNINC, WHEATON
0153 EBRC EBWI WBSP LISLE, NAPERVILLE, UNINC, WHEATON
0154 EBEB EBGL EBWI WBSP GLEN ELLYN, UNINC, WHEATON
0156 EBE3 EBEB EBGL EBTS GLEN ELLYN, LOMBARD, UNINC
0157 EBE3 EBEB EBTS SCGC SCSU GLEN ELLYN, LOMBARD, UNINC
0158 EBEB EBGL EBGP EBLA EBSJ EBTS DOWNERS GROVE, GLEN ELLYN, LOMBARD, UNINC
0159 EBEB EBGP EBLA EBSJ EBTS SCGC DOWNERS GROVE, LOMBARD, UNINC
0161 EBE6 EBEB EBRC EBWI WBCC WBSR LISLE, NAPERVILLE, UNINC
0162 EBE6 EBEB EBPR EBRC EBSJ EBWI LISLE, UNINC
0163 EBE6 EBE7 WBSR WBW6 WBW7 WBWB LISLE, NAPERVILLE, UNINC
0164 EBE6 EBE7 EBEB EBPR LISLE, NAPERVILLE, UNINC, WOODRIDGE
0166 EBEB EBLA EBPR EBSJ DOWNERS GROVE, LISLE, UNINC
0167 EBLA EBSJ DOWNERS GROVE, UNINC
0168 EBCR EBEB EBPR EBSJ DOWNERS GROVE, UNINC, WOODRIDGE
0169 EBCR EBPR EBSJ SWWD DARIEN, DOWNERS GROVE, UNINC, WOODRIDGE
0176 EBEB SCGC SCOB SCSC SCSU LOMBARD, OAK BROOK, OAKBROOK TERRACE, UNINC, VILLA PARK
0177 SCGC SCOB SCSC SCSU ELMHURST, OAK BROOK, OAKBROOK TERRACE, UNINC, VILLA PARK
0178 EBLA EBSJ SCBW SCGC DOWNERS GROVE, LOMBARD, OAK BROOK, UNINC, WESTMONT
0179 SCBW SCGC SCSC HINSDALE, OAK BROOK, WESTMONT
0181 DPAC SCSC ELMHURST, OAK BROOK, UNINC
0183 DPFC SCBW SCSC HINSDALE, OAK BROOK
0186 DPFC EBLA EBSJ SCBW CLARENDON HILLS, DOWNERS GROVE, UNINC, WESTMONT
0187 DPFC SCBW SCSC CLARENDON HILLS, HINSDALE, UNINC, WESTMONT, WILLOWBROOK
0188 DPFC EBPR EBSJ SWSW SWWD DARIEN, DOWNERS GROVE, UNINC, WESTMONT
0189 DPFC SWSW DARIEN, UNINC, WESTMONT, WILLOWBROOK
0191 DPFC SCBW SCSC BURR RIDGE, HINSDALE, UNINC
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 147 of 157
0193 DPFC SWSW BURR RIDGE, HINSDALE, UNINC, WILLOWBROOK
0207 FRWA AURORA, UNINC
0226 DUSG FRWA AURORA, UNINC
0227 DUSG FRWA AURORA, NAPERVILLE, UNINC
0231 DUSG WBWG NAPERVILLE, UNINC
0232 DUSG EBEB WBFX WBW7 WBW8 WBWB WBWG NAPERVILLE, UNINC
0251 EBE7 EBEB WBW7 WBWB NAPERVILLE, UNINC
0252 EBCR EBE7 EBEB WBWB NAPERVILLE, UNINC, WOODRIDGE
0256 DULC EBCR EBEB BOLINGBROOK, UNINC, WOODRIDGE
0257 DPBP DULC EBCR EBPR SWSW SWWD DARIEN, UNINC, WOODRIDGE
0259 DPBP DPDP DULC SWSW SWWD BOLINGBROOK, DARIEN, LEMONT, UNINC, WOODRIDGE
0267 DPBP DPDP LEMONT, UNINC, WOODRIDGE
0276 EBPR SWSW SWWD ARGONNE NATIONAL LAB*, DARIEN, DOWNERS GROVE, UNINC
0277 DPDP DPFC SWSW ARGONNE NATIONAL LAB*, BURR RIDGE, DARIEN, UNINC, WILLOWBROOK
0278 DPDP SWSW ARGONNE NATIONAL LAB*, DARIEN, LEMONT, UNINC
0279 DPDP SWSW ARGONNE NATIONAL LAB*, BURR RIDGE, LEMONT, UNINC
0281 DPDP DPFC SWSW BURR RIDGE, UNINC, WILLOWBROOK
0283 DPDP DPFC BURR RIDGE, UNINC
0286 DPDP LEMONT, UNINC
0287 DPDP LEMONT
*Argonne Nat’l Lab. and Fermi Nat’l Accel. Lab. are not formally incorporated jurisdictions, but rather are U. S. Federal Lands and are included herein for Stormwater Management purposes only.
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 148 of 157
RFM Tiling Scheme Cross Index: Incorporated Areas vs (Panel Numbers, Tributary Watersheds)
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 149 of 157
Incorporated/Uninc. Area DFIRM/RFM Panel Tributary Watershed
ADDISON 0058 0059 0066 0067 0078 0079 0086 0087 0088 DPAC EBAT EBE1 EBEB EBSM SCSB SCSC SCWC
ARGONNE NATIONAL LAB** 0276 0277 0278 0279 DPDP SWSW
AURORA
0109 0117 0119 0128 0129 0136 0137 0138 0139 0207 0226
0227 DUSG FRIC FRWA WBFE WBWB
BARTLETT 0007 0026 0027 0028 0029 0031 0032 0033 FRBC FRNC WBW2 WBWB
BATAVIA 0107 WBKR
BENSENVILLE 0076 0077 0079 0083 0087 0091 DPAC DPBD DPWL
BLOOMINGDALE 0034 0052 0053 0054 0058 0061 0062 0066 EBAT EBEB EBSM SCSB WBKC WBW1 WBW4 WBWB
BOLINGBROOK 0256 0259 DULC EBEB
BURR RIDGE 0191 0193 0277 0279 0281 0283 DPDP DPFC SWSW
CAROL STREAM 0033 0034 0041 0042 0044 0053 0061 0063 0064 EBAR WBKC WBW4 WBWB WBWF
CHICAGO 0077 0079 0081 0083 DPBD DPCT DPWL
CLARENDON HILLS 0186 0187 DPFC SCBW
DARIEN 0169 0188 0189 0257 0259 0276 0277 0278 DPBP DPDP DPFC DULC EBPR EBSJ SWSW SWWD
DOWNERS GROVE 0158 0159 0166 0167 0168 0169 0178 0186 0188 0276 EBEB EBGP EBLA EBPR EBSJ EBTS SCGC SWSW SWWD
ELK GROVE VILLAGE 0076 0077 DPWL SCSC
ELMHURST 0087 0088 0089 0091 0093 0177 0181 DPAC SCSC SCSU
FERMI NATIONAL ACCEL. LAB** 0107 0109 0126 0127 0128 0129 FRIC WBFE WBKR WBWB
GLEN ELLYN 0064 0068 0152 0154 0156 0157 0158 EBE1 EBE2 EBEB EBGL EBWI WBSP WBWF
GLENDALE HEIGHTS 0053 0054 0061 0062 0063 0064 0066 0068 EBAR EBE2 EBEB WBKC WBWF
HANOVER PARK 0031 0032 0033 0034 0051 WBKC WBW1 WBW2 WBW4 WBWB
HINSDALE 0179 0183 0187 0191 0193 DPFC SCBW SCSC
ITASCA 0056 0057 0058 0059 0076 0078 SCDA SCSB SCSC
LEMONT 0259 0267 0278 0279 0286 0287 DPBP DPDP SWSW
LISLE 0153 0161 0162 0163 0164 0166 EBE6 EBEB EBPR EBRC EBSJ EBWI WBSR WBW6 WBW7
LOMBARD 0066 0067 0068 0069 0088 0156 0157 0158 0159 0176 0178 EBE1 EBE3 EBEB EBGL EBGP EBLA EBTS SCGC SCSC SCSU SCWC
NAPERVILLE
0129 0133 0134 0136 0137 0138 0139 0141 0142 0143 0144
0153 0161 0163 0164 0227 0231 0232 0251 0252
DUSG EBE6 EBE7 EBEB EBRC FRWA WBCC WBFE WBFX WBSR WBW6 WBW7
WBW8 WBWB WBWG
OAK BROOK 0176 0177 0178 0179 0181 0183 EBLA SCBW SCGC SCOB SCSC
OAKBROOK TERRACE 0176 0177 SCGC SCOB SCSC SCSU
ROSELLE 0032 0051 0052 0053 0054 0056 SCSB WBW1 WBWB
SCHAUMBURG 0051 0052 SCSB WBWB
ST CHARLES 0017 0036 FRNC WBKR
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 150 of 157
UNINC
0007 0009 0017 0019 0026 0027 0028 0029 0031 0032 0033
0034 0036 0037 0038 0039 0041 0042 0043 0044 0051 0052
0053 0054 0056 0057 0058 0059 0061 0062 0063 0064 0066
0067 0068 0069 0076 0077 0078 0079 0083 0086 0087 0088
0089 0091 0107 0109 0117 0119 0126 0127 0128 0129 0131
0132 0133 0134 0136 0137 0138 0139 0141 0142 0143 0144
0151 0152 0153 0154 0156 0157 0158 0159 0161 0162 0163
0164 0166 0167 0168 0169 0176 0177 0178 0181 0186 0187
0188 0189 0191 0193 0207 0226 0227 0231 0232 0251 0252
0256 0257 0259 0267 0276 0277 0278 0279 0281 0283 0286
DPAC DPBD DPBP DPDP DPFC DPWL DULC DUSG EBAR EBAT EBCR EBE1
EBE2 EBE3 EBE6 EBE7 EBEB EBGL EBGP EBLA EBPR EBRC EBSJ EBSM EBTS
EBWI FRBC FRIC FRNC FRWA SCBW SCDA SCGC SCOB SCSB SCSC SCSU
SCWC SWSW SWWD WBCC WBFE WBFX WBKC WBKR WBSP WBSR WBW1
WBW2 WBW3 WBW4 WBW5 WBW6 WBW7 WBW8 WBWB WBWF WBWG
VILLA PARK 0069 0086 0087 0088 0089 0176 0177 SCSC SCSU SCWC
WARRENVILLE 0127 0129 0133 0134 0137 0141 0142 EBRC WBCC WBFE WBSP WBWB
WAYNE 0009 0017 0028 0029 0036 0037 FRBC FRNC WBWB
WEST CHICAGO
0017 0019 0036 0037 0038 0039 0041 0043 0107 0126 0127
0131 FRNC WBKR WBW3 WBW4 WBW5 WBWB
WESTMONT 0178 0179 0186 0187 0188 0189 DPFC EBSJ SCBW SCGC
WHEATON 0044 0063 0064 0132 0134 0151 0152 0153 0154 EBEB EBGL EBRC EBWI WBKC WBSP WBWF
WILLOWBROOK 0187 0189 0193 0277 0281 DPFC SWSW
WINFIELD 0043 0044 0131 0132 WBKC WBW5 WBWB WBWF
WOOD DALE 0059 0076 0077 0078 0079 DPAC DPBD DPWL SCDA SCSB SCSC SCWC
WOODRIDGE 0164 0168 0169 0252 0256 0257 0259 0267 DPBP DPDP DULC EBCR EBE6 EBE7 EBEB EBPR SWSW SWWD *Argonne Nat’l Lab. and Fermi Nat’l Accel. Lab. are not formally incorporated jurisdictions, but rather are U. S. Federal Lands and are included herein for Stormwater Management purposes only.
LEGEND:
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 151 of 157
REG - Illinois Department of Transportation Division of Water Resources Regulatory Flood Plain Lower Salt Creek Maps
FBFW - Federal Emergency Management Agency flood Boundary and Floodway Maps
RFM - Regulatory Floodplain Map maintained by DuPage County Stormwater Management
FIRM - Federal Emergency Management Agency Flood Insurance Rate Maps
FIS - Flood Insurance Studies
C-PN - Community-Panel Number
E.D. - Effective Date
* - See LOMR or LOMA
**Note**
1.) LOMA’s and LOMR’s are available at the County, Stormwater Management
2.) LOMA’s and LOMR’s may have been obtained which will effectaffect flood elevations and limits, and/or floodway locations.
The local communities will have records of these changes.
Exhibit 2: DuPage County Communities and Floodplain Map Panels, Effective date: August 1,
2019
COMMUNITY NAME Community
Number LOCATED ON PANEL(S) Initial NFIP Map
Date Initial FIRM Date
Most Recent
FIRM Panel
Date
ADDISON, VILLAGE OF 170198 0058, 0059, 0066, 0067, 0078,
0079, 0086, 0087, 0088* October 26, 1973 March 15, 1979 August 1, 2019
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 152 of 157
AURORA, CITY OF 170320
0109*, 0117, 0119*, 0128, 0129,
0136, 0137, 0138, 0139, 0207,
0226, 0227
June 14, 1974 June 15, 1979 August 1, 2019
BARTLETT, VILLAGE OF 170059 0007, 0026, 0027, 0028, 0029,
0031, 0032, 0033 April 12, 1974 June 15, 1981 August 1, 2019
BATAVIA, CITY OF 170321 0107 September 10,
1976
September 2,
1981 August 1, 2019
BENSENVILLE, VILLAGE OF 170200 0076, 0077, 0079, 0083, 0087,
0091 April 12, 1974 February 4, 1981 August 1, 2019
BLOOMINGDALE, VILLAGE
OF 170201 0034, 0052, 0053, 0054, 0058,
0061, 0062, 0066 March 1, 1974 April 15, 1981 August 1, 2019
BOLINGBROOK, VILLAGE OF 170812 0256, 0259 April 12, 1974 October 15, 1980 August 1, 2019
BURR RIDGE, VILLAGE OF 170071 0191, 0193, 0277, 0279, 0281,
0283 March 15, 1974 October 15, 1981 August 1, 2019
CAROL STREAM, VILLAGE OF 170202 0033, 0034, 0041, 0042, 0044,
0053, 0061, 0063, 0064 April 12, 1974 June 15, 1978 August 1, 2019
CHICAGO, CITY OF 170074 0077, 0079, 0081, 0083 August 23, 1974 June 1, 1981 August 1, 2019
CLARENDON HILLS, VILLAGE
OF 170203 0186, 0187 March 8, 1974 July 2, 1980 August 1, 2019
DARIEN, CITY OF 170750 0169, 0188, 0189, 0257, 0259,
0276, 0277, 0278
November 29,
1974 February 1, 1980 August 1, 2019
DOWNERS GROVE, VILLAGE
OF 170204 0158, 0159, 0166, 0167, 0168,
0169, 0178, 0186, 0188, 0276 March 15, 1974 April 15, 1981 August 1, 2019
ELK GROVE, VILLAGE OF 170088 0076, 0077 November 2, 1973 June 15, 1979 August 1, 2019
ELMHURST, CITY OF 170205 0087, 0088*, 0089, 0091, 0093*,
0177, 0181 May 3, 1974 February 4, 1981 August 1, 2019
GLEN ELLYN, VILLAGE OF 170207 0064, 0068, 0152, 0154 ,0156,
0157, 0158 May 3, 1974 January 17, 1979 August 1, 2019
GLENDALE HEIGHTS,
VILLAGE OF 170206 0053, 0054, 0061, 0062, 0063,
0064, 0066, 0068 June 28, 1974 August 1, 1978 August 1, 2019
HANOVER PARK, VILLAGE OF 170099 0031, 0032, 0033, 0034, 0051 April 12, 1974 November 15,
1978 August 1, 2019
HINSDALE, VILLAGE OF 170105 0179, 0183, 0187, 0191, 0193 February 1, 1974 January 16, 1981 August 1, 2019
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 153 of 157
ITASCA, VILLAGE OF 170210 0056, 0057, 0058, 0059, 0076,
0078
November 16,
1973
November 2,
1977 August 1, 2019
LEMONT, VILLAGE OF 170117 0259, 0267, 0278, 0279, 0286,
0287 August 4, 1988 August 4, 1988 August 1, 2019
LISLE, VILLAGE OF 170211 0153, 0161, 0162, 0163, 0164,
0166 March 15, 1974 September 17,
1980 August 1, 2019
LOMBARD, VILLAGE OF 170212
0066, 0067, 0068, 0069, 0088*,
0156, 0157, 0158, 0159, 0176,
0178
July 19, 1974 October 17, 1978 August 1, 2019
NAPERVILLE, CITY OF 170213
0129, 0133, 0134, 0136, 0137,
0138, 0139, 0141, 0142, 0143,
0144, 0153, 0161, 0163, 0164,
0227, 0231, 0232, 0251, 0252
April 12, 1974 March 1, 1979 August 1, 2019
OAK BROOK, VILLAGE OF 170214 0176, 0177, 0178, 0179, 0181,
0183 August 16, 1974 February 18,
1981 August 1, 2019
OAKBROOK TERRACE, CITY 170215 0176, 0177 March 29, 1974 February 18,
1981 August 1, 2019
ROSELLE, VILLAGE OF 170216 0032, 0051, 0052, 0053, 0054,
0056 September 7, 1973 May 19, 1981 August 1, 2019
SCHAUMBURG, VILLAGE OF 170158 0051, 0052 December 6, 1974 February 15,
1979 August 1, 2019
ST. CHARLES, CITY OF2 170330 0017, 0036 March 15, 1974 September 2,
1981 August 1, 2019
VILLA PARK, VILLAGE OF 170217 0069, 0086, 0087, 0088*, 0089,
0176, 0177 March 8, 1974 February 4, 1981 August 1, 2019
WARRENVILLE, CITY OF 170218 0127, 0129, 0133, 0134, 0137,
0141, 0142 May 24, 1974 September 29,
1978 August 1, 2019
WAYNE, VILLAGE OF 170865 0009, 0017, 0028, 0029, 0036,
0037 August 15, 1975 December 1,
1981 August 1, 2019
WEST CHICAGO, CITY OF 170219
0017, 0019, 0036, 0037, 0038,
0039, 0041, 0043, 0107, 0126,
0127, 0131
April 12, 1974 November 15,
1979 August 1, 2019
WESTMONT, VILLAGE OF 170220 0178, 0179, 0186, 0187, 0188,
0189 May 17, 1974 January 16, 1981 August 1, 2019
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 154 of 157
WHEATON, VILLAGE OF 170221 0044, 0063, 0064, 0132, 0134,
0151, 0152, 0153, 0154 April 5, 1974 June 15, 1979 August 1, 2019
WILLOWBROOK, VILLAGE OF 170222 0187, 0189, 0193, 0277, 0281 May 17, 1974 January 16, 1980 August 1, 2019
WINFIELD, VILLAGE OF 170223 0043, 0044, 0131, 0132 May 10, 1974 February 15,
1979 August 1, 2019
WOOD DALE, CITY OF 170224 0059, 0076, 0077, 0078, 0079 November 23,
1973
September 30,
1977 August 1, 2019
WOODRIDGE, VILLAGE OF 170737 0164, 0168, 0252, 0256, 0257,
0259, 0267 April 5, 1974 June 15, 1979 August 1, 2019
UNINCORPORATED
DUPAGE COUNTY 170197
0007, 0009, 0017, 0026, 0027,
0028, 0029, 0031, 0032, 0033,
0034, 0036, 0037, 0038, 0039,
0041, 0042, 0043, 0044, 0051,
0052, 0053, 0054, 0057, 0058,
0059, 0061, 0062, 0063, 0064,
0066, 0067, 0068, 0069, 0076,
0077, 0078, 0079, 0083, 0086,
0087, 0088*, 0089, 0091, 0107,
0109*, 0117, 0119*, 0126, 0127,
0128, 0129, 0131, 0132, 0133,
0134, 0136, 0137, 0138, 0139,
0141, 0142, 0143, 0144, 0151,
0152, 0153, 0154, 0156, 0157,
0158, 0159, 0161, 0162, 0163,
0164, 0166, 0167, 0168, 0169,
0176, 0177, 0178, 0181, 0186,
0187, 0188, 0189, 0191, 0193,
0193, 0207, 0226, 0227, 0231,
0232, 0251, 0252, 0256, 0257,
0259, 0267, 0276, 0277, 0278,
0279, 0281, 0283, 0286
May 13, 1977 April 15, 1982 August 1, 2019
* Panel not printed
2Special Flood Hazard Areas have been identified in this community, however none exist within the portion of the community located in
DuPage County.
Exhibit 2
List of Designated Floodway/Flood Plain Maps Page 155 of 157
Notes:
1.) LOMA’s and LOMR’s for unincorporated areas are available at DuPage County, Stormwater
Management.
2.) LOMA’s and LOMR’s may have been obtained which will affect flood elevations and limits, and/or floodway locations. The local
communities will have records of these changes.
3.) Flood Insurance Study - DuPage County, Illinois and Incorporated Areas,
August 1, 2019
Schedule B
Site Runoff Storage Variance and BMP Fee-in-lieu Schedule Page 157 of 157
SCHEDULE B
DETENTION VARIANCE FEE AND BMP FEE-IN-LIEU SCHEDULE
April 2013
Detention Variance Fee
Salt Creek $133,000 per acre-foot
East Branch DuPage River $106,000 per acre-foot
West Branch DuPage River $ 94,000 per acre-foot
Sawmill Creek $ 87,000 per acre-foot
Des Plaines River Tributaries $133,000 per acre-foot
Fox River Tributaries $ 81,000 per acre-foot
The fee is calculated by multiplying the varied storage amount by the cost per acre-foot for the
watershed planning area where the development is located.
BMP Fee-in-lieu
$500 per 1,000 square feet of new impervious area