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S-891 - 01/13/1998 - STORM WATER MANAGEMENT - Ordinances is M ORDINANCE 98-SWM-EX1-S-891 AN ORDINANCE ADOPTING VARIOUS PROVISIONS OF THE REVISED COUNTY OF DU PAGE COUNTYWIDE STORMWATER I AND FLOOD PLAIN ORDINANCE WHEREAS, on February 11, 1992, the Village of Oak Brook passed and approved "An Ordinance Adopting Various Provisions of the County of DuPage Countywide Stormwater and Flood Plain Ordinance" (Ordinance S-728); and WHEREAS, the Village of Oak Brook is located almost entirely within DuPage County, which adopted a Countywide Stormwater and Flood Plain Ordinance, (the "First County Ordinance") on September 24, 1991, in accordance with Illinois Compiled Statutes, Chapter 34, paragraph 5-1062; and WHEREAS, pursuant to the County Ordinance, the Village of Oak Brook, on November 12, 1991, by Resolution R-544, petitioned to be designated a complete waiver community for i the enforcement of the County Ordinance; and WHEREAS, on March 24, 1992, the County so designated the Village of Oak Brook as a complete waiver community for the enforcement of the County Ordinance; and WHEREAS, on June 14, 1994, the DuPage County Board adopted a revised DuPage Countywide Stormwater and Flood Plain Ordinance (the "First Revised County Ordinance"); and WHEREAS, on November 12, 1997 1, the DuPage County Board adopted a second revised DuPage County Countywide Stormwater and Flood Plain Ordinance (the "Second Revised County Ordinance") which meets current Federal Emergency Management Agency (FEMA) requirements; and WHEREAS, as a complete waiver community, the Village is required to enforce the Second Revised County Ordinance by February 1, 1998, which is the effective date of the Second Revised County Ordinance; and WHEREAS, the corporate authorities intend to eventually pass a revised Stormwater ordinance which unifies the provisions of the Second Revised County Ordinance and the provisions of the Oak Brook ordinances into a single document, but it desires to fulfill the requirements of the Second Revised County Ordinance in a manner provided hereafter; and WHEREAS, the Village of Oak Brook, as a complete waiver community, is required to adopt certain standards contained within the Second Revised County Ordinance as the minimum standards effective within its territorial jurisdiction although it may impose higher standards; 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: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. 1 a Ordinance 98-sw*-Exi-s-891 Adopting Various Provisions the Revised Countywide Stormwater and Flood Plain Ordinance, Page 2 Section 2: In order to assure that the provisions of the Oak Brook Village Code pertaining to stormwater management and those which may be adopted in the future are consistent with and at least as stringent as the DuPage County Stormwater Management Plan and the County Ordinance which was adopted by the County Board on November 12, 1997 (Second Revised County Ordinance), the corporate authorities do hereby adopt those provisions of the Second Revised County Ordinance which are attached hereto and made a part of this Ordinance as Appendix A. These provisions are not adopted by reference, but, rather, are adopted as a specific and integral part of this Ordinance, and are attached hereto. They provisions adopted by this section shall be in full force and effect and shall supersede any other ordinances of the Village of Oak Brook with which they are inconsistent or which are less stringent than the terms of this Ordinance. Section 3: That this ordinance shall be in full force and effect immediately upon its passage, approval and publication in pamphlet form in the manner provided by law. PASSED THIS 13th day of January, 1998. i Ayes: Trustees Bartecki, Caleel, Kenny, McInerney, Savino and Shumate Nays: None Absent: None Abstain: None APPROVED THIS 13th day of January, 1998 Qa A- Vil age President ATTEST: e� Village Clerk- wv Approved as to Form: *\-fiw,t ej� j Village Attorney Published 1-14-98 Pamphlet form Date Paper Not Published r APPENDIX A The following sections of the revised DuPage County Countywide Stormwater and Flood Plain Ordinance are attached as Appendix A: Articles 2, and 7 through 17 i i i l i i I 1 Approved By County Board 11/12/97 ARTICLE 2 . DEFINITIONS. Sec. 15-16 . Interpretation of Terms and Words. The terms and words used in this Ordinance or in a waiver community ordinance shall be interpreted as follows : 1. Words used in the present tense include the future tense; and 2 . Words used in the singular number include the plural number and words used in the plural number include the singular number; and 3 . The words "shall" , "will" , and "must" are mandatory, not permissive; and 4 . All distances, unless otherwise stated, shall be measured horizontally. S . 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. Sec. 15-17 . Definitions. i 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. 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. Applicable Engineering Practice. Procedures, methods, or materials recommended in standard engineering textbooks or references as suitable for the intended purpose. Applicant. A person applying for a Stormwater Management Permit, 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 permit. See Section 15-133 of this Ordinance. ARTICLE 2. DEFINITIONS Sec. 15-16 through 15-17 -7- ' Approved By County Board 11/12/97 Base Flood. The flood having a one percent probability of being equaled or exceeded in a given year. Base Flood Elevation. The height of the base flood in relation to the National Geodetic Vertical Datum of 1929. Best Management Practices. 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. Building. A structure that is constructed or erected partially or wholly aboveground 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. Certify/Certification. A statement that a proposed development meets the requirements of this Ordinance. Committee. The Stormwater Management 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. COE. The United States Army Corps of Engineers. Complete Waiver. The authority granted to a community pursuant to Articles 3 , 4, and 5 of this Ordinance whereby a community acquires complete jurisdiction over reviewing applications for and granting Stormwater Management Permits. County. The County of DuPage, Illinois. ARTICLE 2. DEFINITIONS Sec. 15-16 through 15-17 -g - Annroved BY-County Board 11/12/97 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 15-134 and 15-135 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 Environmental Concerns, Stormwater Management Division. areas that have ne �Utleb._ Developer. Any person who undertakes development or permits development on such person' s behalf. Development. Any activity, excavation or fill, alteration, subdivision, change in land use, or practice, undertaken by private or public entities that affects the discharge of stormwater; or substantial improvement to any portion of a building in the flood plain. The term "development" does not include maintenance of stormwater facilities. Director. The Director of the DuPage County Department of Environmental Concerns or his or her designee. The Director of the Department of Environmental Concerns shall be a professional engineer. Water -eur ee-s_ 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 person with a four-year degree in a life science curriculum in which the emphasis was on ecologic systems . Examples of such curricula are ecology, botany, or biology. FEMA. The Federal Emergency Management Agency. i 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 .211) probability flood, and the floodway. ARTICLE 2. DEFINITIONS Sec. 15-16 through 15-17 -9- Approved By Cog= Board 11/12/97 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. 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. 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, and/or E. 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. 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. Floodway. The channel and that portion of the flood plain adjacent to a stream or watercourse that is needed to convey the base flood. i Floodway Conveyance. The measure of the flow carrying capacity of the floodway section and is defined using Manning' s equation as, K = 1.49 AR 213 where "n" is Manning' s roughness factor, "A" f n is the effective area of the cross-section, and "R" is ratio of the wetted area to the wetted perimeter. Hydrology. The science of the behavior of water, including its dynamics, composition, and distribution in the atmosphere, on the f surface of the earth, and underground. Interim Watershed Plan. A watershed plan adopted by the County Board that does not contain all of the elements in Chapter 3 of the Plan. 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. ARTICLE 2. DEFINITIONS Sec. 15-16 through 15-17 - 10 - AD�row County Board 11/12/97 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. Lake. A natural or artificial body of water encompassing an area of two or more acres which retains water throughout the year. Land Surveyor. A person licensed under the laws of the State of Illinois to practice land surveying. Maintenance. The selective removal of woody material and accumulated debris from, or repairs to, a stormwater facility so that such facility will perform its natural functions or the functions for which it was designed and constructed. 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. 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. NFIP. The National Flood Insurance Program. The requirements of the NFIP are codified in Title 44 of the Code of Federal Regulations. Oversight Committee. A committee appointed by a waiver community to oversee the implementation and enforcement of the waiver community' s ordinance. Off• 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 3 , 4, and 5 of this Ordinance whereby the waiver community acquires limited jurisdiction over reviewing applications for, and issuing, Stormwater Management Permits. ARTICLE 2. DEFINITIONS Sec. 15-16 through 15-17 - 11 - Approved By Cog= Board 11/12/97 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. 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. Professional Engineering Practice. The consultation on, conception, investigation, evaluation, planning, and design of, and selection of materials and methods to be used in, administration of construction contracts for or site observation of an engineering system or facility, when such consultation, conception, investigation, evaluation, planning, design, selection, administration, or observation requires extensive knowledge of engineering laws, formulae, materials, practice, and construction methods . Public Flood Easement. An easement acceptable to the appropriate jurisdictional body that meets the regulation of the DWF40WR, 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. i 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 . ARTICLE 2. DEFINITIONS Sec. 15-16 through 15-17 - 12 - Approved By County Board 11/12/97 y Riparian Environment. Land bordering a waterway wetter .that provides habitat or amenities dependent on the proximity to water. 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. SCS. The United States Department of Agriculture, Soil Conservation Service. 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. An area having special flood, mudslide or mudflow, or flood-related erosion hazards, and which area is shown on an FHBM or FIRM as Zone A, AO, Al-30, AE, A99, AH, VO, V1-30, VE, V, M, or E. Special Management Areas. Regulatory flood plains or wetlands. See Article 10 of this Ordinance. Stormwater Facility. All ditches, channels, conduits, bridges, culverts, levees, ponds, natural and man-made impoundments, wetlands, riparian environment tile, swales, sewers, or other natural or artificial structures or measures which serve as a means of draining surface and subsurface water from land. Stormwater Management Permit. A permit 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. Structural Engineer. A person licensed under the laws of the State of Illinois as a structural engineer. Structure. Anything that is erected or constructed. The term "structure" includes, without limitation: buildings, tanks, dams, sewers, constructed channels, outfalls, parking lots, driveways, roads, sidewalks, and concrete patios. � 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, ARTICLE 2. DEFINITIONS Sec. 15-16 through 15-17 - 13 - • Approved By Cog= Board 11/12/97 if the building has been. damaged, before the damage occurred. The term "cost of improvement" includes the value of volunteer i I i I r I ARTICLE 2. DEFINITIONS Sec. 15-16 through 15-17 - 14- Approved By County Board 11/12/97 L labor and donated materials. The term "cost of improvement" does not, however, include either (1) any project 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. Usable Space. Space used for dwelling, storage, utilities, or other beneficial purposes, including without limitation basements. 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. Waiver Community. A community that has been granted either a partial waiver or a complete waiver from County enforcement of this Ordinance . See Article 4 of this Ordinance. Waiver Community Ordinance. An approved, valid, and effective stormwater management ordinance of a waiver community. See Articles 3 and 4 of this Ordinance. 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 and flood damages upstream or downstream of the development site. Watershed Plan. A ted lan adopted P p 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 y gic and hydraulic model meeting the standards of the Plan and used in developing a watershed plan. ARTICLE 2. DEFINITIONS Sec. 15-16 through 15-17 - 15- Approved By County Board 11/12/97 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 . Sec. 15-18 through 15-30. Reserved. ARTICLE 2. DEFINITIONS Sec. 15-16 through 15-17 - 16- Annroved By County Board 11/12/97 ARTICLE 2. DEFINITIONS Sec. 15-16 through 15-17 _ j�_ Approved By County Board 11/12/97 ARTICLE 7 . GENERAL PROVISIONS. Sec. 15-78 . Scope of Regulation. 1 . This Ordinance or the applicable waiver community ordinance shall apply to all development of property within the boundaries of the County, including those under the control of any governmental entity, agency, or authority. 2 . The provisions of this Ordinance or the applicable waiver community ordinance shall not apply to: a. Structures and land uses existing as of the effective date of this Ordinance except when re-developed; and b. Proposed developments that are listed on the Official List of Exempt Developments submitted by each community in accordance with Section 15-79 of this Ordinance. All such developments shall meet at least one of the following criteria: (1) Building permits for such development were issued prior to the effective date of this Ordinance; or (2) Engineering of all stormwater facilities for such development was submitted to and approved by the community engineer prior to the effective date of this Ordinance; or (3) Annexation agreements or ordinances or other agreements were recorded or executed prior to the effective date of this Ordinance which specifically exempt such development from community codes; or i (4) For other developments, contractual agreements executed prior to the effective date of this Ordinance which specifically exempt such development from community codes; or (5) Approvals resulting from judicial decrees preclude application of this Ordinance . The exemption granted pursuant to this Subsection 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 . ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT Sec. 15-111 through 15-122 -30- Approved By County Board 11/12/97 3 . 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. Sec. 15-79,. Official Lists of Exempt Developments. 1 . Each community shall submit to the Committee a list of exempt proposed developments meeting the criteria listed in Subsection 15-78 .2 of this Ordinance within 60 days after the enactment of this Ordinance by the County Board. Such list shall be known as the Official List of Exempt Developments. 2 . An Official List of Exempt Developments may be modified by the community and resubmitted to the Committee at any time prior to the effective date of this Ordinance. 3 . Each Official List of. Exempt Developments or revisions thereof 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. 4 . The Committee may challenge any Official List of Exempt Developments or any revision thereof 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 Subsection 15-78 .2 of this Ordinance. 5 . The community may add a development to, or delete a development from, the Official List of Exempt Developments and resubmit such list to the Committee in accordance with Subsection 15-79 . 3 of this Ordinance after the effective date of this Ordinance if an applicant shows that the criteria listed in Subsection 15-78 .2 of this Ordinance have been met or if the community has determined that the criteria listed in Subsection 15-78 .2 of this Ordinance have not been met . 6 . 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. I Sec. 15-80 . Interpretation. + ARTICLE 9, REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT Sec. 15-111 through 15-122 -31- } Approved By County Board 11/12/97 1. 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. 2 . 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. 3 . 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. 4 . 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. Sec . 15-81. Warning and Disclaimer of Liability. 1. 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. 2 . _ Increased flooding may result from causes beyond the control of the County or any community. 3 . 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. 4 . 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. Sec . 15-82 through 15-90 . Reserved. ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT Sec. 15-111 through 15-122 -32- ADDroved By County Board 11/12/97 ARTICLE 8. ADMINISTRATION. Sec. 15-91. Responsibility for Administration. 1. 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. 2 . 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. 3 . Each community shall remain solely responsible for its standing in the NFIP and for: a. Maintaining records and submitting reports required for the NFIP, including elevation certificates, floodproofing certificates, and lowest floor elevations; and b. Notifying the Director, FEMA, P;4RaWR, COE, the Illinois Environmental Protection Agency, and the Federal Environmental Protection Agency of any proposed amendment to this Ordinance or the waiver community's ordinance. Sec. 15-92 . Duties of Director. The duties and functions of the Director shall include: 1 . Supervising the execution of this Ordinance; and 2 . 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 roer to carry out the purposes and provisions of thi Ordinance; and 3 • Certifying flood plain delineations and support documentation from partial waiver communities for any CLOMR, LOMB, CLOMA, and LOMA requirement, which certification may be done concurrent with submittal to DWROWR or its designee and FEMA; and 4 . Developing and maintaining County-wide regulatory maps; and ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT Sec. 15-111 through 15-122 -33- i Approved By County Board 11/12/97 5. Directing the application and review of complex Stormwater Management Permits for any community that requests such assistance; and 6. Performing, in non-waiver communities, the duties which are assigned to the Administrator in waiver communities; and 7. Reviewing and certifying proposed developments in special management areas within partial waiver communities; and 8 . Keeping PWROWR and FEMA informed of community waiver and ordinance status within 30 days after any changes in status; and 9 . Notifying the communities, FEMA, $WROWR, COE, the Illinois Environmental Protection Agency, and the Federal Environmental Protection Agency of any amendments to the Plan or this Ordinance. Sec. 15-93 . Duties of Administrator in Waiver Community. The duties and functions of the Administrator shall include: 1 . Ensuring that copies of all applicable required federal, state, and regional permits or County approvals are received prior to issuing any permits required by the waiver community ordinance; and 2 . Verifying the existence of special management areas for each application; and 3 . Reviewing and approving certificates and issuing any permits or notices required by the waiver community ordinance; and 4 . 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 5 . Notifying the Director and all affected persons defined in Subsection 15-93 .4 of this Ordinance of any applications for CLOMR or LOMR; and 6 . Providing for inspections of developments as provided in Section 15-197 of this Ordinance under the terms of the waiver community' s ordinance; and 7 . Investigating complaints of violations of the waiver community' s ordinance; and ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT Sec. 15-111 through 15-122 -34 Approved By County Board 11/12/97 8 . Notifying any applicant for a variance that granting the variance may result in increased rates for flood insurance; and 9 . Notifying the Director and other jurisdictions of alleged violations of their permit programs; and 10 . Notifying violators within regulatory flood plains that failure to comply with NFIP provisions could make them ineligible to receive flood insurance; and 11. Initiating any proceeding necessary to enforce the waiver community ordinance; and 12 . Encouraging and conducting studies, investigations, and research relating to the physical, chemical, ecological, engineering, and other aspects of stormwater management; and 13 . Advising, consulting with, and cooperating with other governmental agencies to promote the purposes of this Ordinance and the waiver community' s ordinance; and 14 . Maintaining for public inspection copies of all applications and submittals, federal and state permit documents, variation documentation, CLOMR, LOMR, CLOMA, LOMA, and all other documents required pursuant to Article 11 of this ordinance; and Ordinance as directed under the waiver community's 15 . Sending copies of any application for a CLOMR, LOMB, CLOMA, or LOMA to the Director; and 16 . Receiving certification for development in special management areas from the Director prior to partial waiver community approval of any CLOMR, LOMR, CLOMA, or LOMA; and 17 . 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; and 18 . Submitting the necessary information to the Director relating to development in order to maintain County-wide regulatory maps and for supervision of the Ordinance. This includes, but is not limited d to, copies of Management P any Stormwate S t Permits, CLOMR, LOMR, CLOMA, and LOMA. r 19 . Maintaining documentation on "cost of improvement" on buildings in the flood plain, relating to the substantial improvements requirements of this Ordinance. ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT Sec. 15-111 through 15-122 -35- Annroved By County Board 11/12/97 Sec. 15-94 . 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. Sec. 15-95 . Watershed Basin Committee. 1. A Watershed Basin Committee shall be established in every watershed planning area throughout the County. 2 . The Watershed Basin Committee may mediate any technical disputes between the Director and the Administrator or the communities concerning the technical interpretation or application of the provisions of this Ordinance or the waiver community ordinances. Each member of the Watershed Basin Committee shall have equal voting rights. Recommendations shall be made by a majority of the members in attendance. 3 . The Watershed Basin Committee shall be comprised of one professional engineer representing each community in a watershed planning area and one professional engineer representing the Department . 4 . The Watershed Basin Committee shall, if requested by the Committee or an Oversight Committee, evaluate technical issues related to a specific application and render an opinion. Sec . 15-96 . Oversight Committee. 1 . An Oversight Committee shall be established to oversee the implementation and enforcement of the waiver community' s ordinance within its jurisdiction. 2 . The corporate authorities of a community, or any �I representatives duly appointed by the corporate authorities, may serve as the Oversight Committee. j i 3 . The Oversight Committee, when considering appeals or variances, may request an opinion from the Watershed Basin Committee on technical issues. Sec . 15-97 through 15-110 . Reserved. ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT Sec. 15-111 through 15-122 -36- Approved By County goal-d 11/12/97 ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT. Sec. 15-111. General Information. 1. All developments shall meet the requirements specified for general stormwater and flood plain development (Section 15- 112) , site runoff ; (Secti on 15-113) ,(e sediment - _ and erosion control (Section 15- 11-65) , and performance security (Article 13) . 2 . All developments shall comply with the site runoff storage requirements provided in Section 15-114 of this Ordinance in which: a. The parcels being developed total three acres or greater for single Czam —or two' family residential subdivision land uses; or b. The parcels being developed total one acre or greater for multiple family or non-residential subdivision land uses; or C. The parcels being developed total one acre or greater for multiple family or non-residential developments and the new development totals either individually or in the aggregate after February 15, 1992 to more than 25, 000 square feet; or d. The area being developed totals one acre or greater for road developments in afrd—a=e--rights-of-way under the ownership or control of a unit of government. 3 . The County Board in non-waiver communities or the co orate authorities of a waiver com unity may collect a fee-in- lieu-of detention equal to the cost of rovidin the site 11 runoff stora e rovided in Section 15-114 for developments less than the threshold in Subsection 15-111 . 2 or developments not covered in Subsection 15-111 . 2 . The corporate authority in a waiver community may recruest the Department collect this fee _ 44. Developments shall also meet the more specific requirements of applicable adopted Watershed Plans or adopted Interim Watershed Plans, set 122 . forth in Sections 15-117 through 15- 54-. All development within special management areas, and substantial improvements within a flood plain, shall also satisfy the requirements specified in Article Ordinance. 10 of this ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT Sec. 15-111 through 15-122 _37- Approved By County Board 11/12/97 6-5. All developers shall submit the documents specified in Article 11 of this Ordinance to verify compliance with these requirements. 76. Facilities constructed under the provisions of this Ordinance or the waiver community ordinance shall be maintained according to the criteria and guidelines established in the Plan. Maintenance is the responsibility of the owner of the land on which the stormwater facilities are constructed unless the responsibility is assigned, pursuant to Section 15-180 of this Ordinance, to an entity acceptable to the governmental unit that has jurisdiction over such land. Sec. 15-112 . General Stormwater and Flood Plain Requirements . The following general stormwater and flood plain requirements shall apply to all development. 1 . Development shall not : a. Result in any new or additional expense to any person other than the developer for flood protection or for lost environmental stream uses and functions; nor b. Increase flood elevations or decrease flood conveyance capacity upstream or downstream of the area under the ownership or control of the developer; nor C . Pose any 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 d. Violate any provision of this Ordinance or any applicable waiver community ordinance either during or after construction; nor e . Unreasonably or unnecessarily degrade surface or ground water quality. 2 . Analysis and design of all stormwater and flood plain facilities required for development shall : a. Meet the standards and criteria established in the Plan and, if available, in Watershed Plans or in Interim Watershed Plans; and b. Be consistent with the Technical Guidance for the DuPage Countywide Stormwater and Flood Plain Ordinance for the Plan; and ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT Sec. 15-111 through 15-122 -38- Approved By County Board 11/12/97 C- Be consistent with techniques specified in the Watershed Plans or the Interim Watershed Plans; and d. Consider existing and ultimate watershed and land use conditions, with and without the proposed development. 3 . Stormwater facilities shall be functional before building permits are issued for residential and non-residential subdivision. 4 . Stormwater facilities shall be functional where practicable for single parcel developments before general construction begins. 5 . In areas outside the boundary of the regulatory flood plain,– all usable space in new buildings, or added to existing buildings, elevated,_ e –floodproofed, or owise rtectedal ther po to at least one foot above the adiacent base flood elevation to prevent the entry of surface stormwater. by -E1 11 91 elenom Fin Floodproofing devices shall be operational without human intervention. If electricity is required for protection against flood damage, then—there shall be a backup power source –which will activate without human intervention. T+k&--=Floodproofing measures shall be certified by a professional engineer. 6 . All usable sipa ce in new buildings or added to existing buildin s ad 'acent to a ma 'or stormwater s stem site runoff storage facility overflow path or site runoff storage facility, shall be elevated flood roofed or otherwise protected to at least one foot above the desicm elevation to prevent the entry of surface stormwater elevatin is the elev with the de de o rate ation associated s as determined in Section 15-114 . 8 . f Sec. 15-113 . Site Runoff Requirements. 1 . Stormwater facilities shall be required and shall be designed so that runoff exits the site at a P oint where re flows will not d amage adjacent property. 2 . Stormwater facilities shall be designed to conform with the requirements of Illinois law and the applicable Sections 15- 117 through 15-122 of this Ordinance. 3 . Minor stormwater systems shall be sized to convey runoff from the tributary watershed under fully developed ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT Sec. 15-111 through 15-122 -39- Approved By County Board 11/12/97 conditions consistent with the design requirements of the local jurisdiction. 4 . Major stormwater systems shall be sized to carry the base flood without causing additional property damage. 5 . Design runoff rates shall be calculated by using continuous simulation models or by event hydrograph methods. If event hydrograph methods are used, they must be either HEC-1 SCS runoff method, TR-20, or TR-55 tabular method. Event methods must incorporate the following assumptions: a. Antecedent moisture condition = 2; and b. Huff or SCS Type II rainfall distribution. 6 . Any design runoff rate method shall use Illinois State Water Survey Bulletin 70 northeast sectional rainfall statistics or 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. 7 . Major and minor stormwater systems shall be located within easements or rights-of-way explicitly providing for public access for maintenance of such facilities . 8 . Maximum flow depths on any roadway shall not exceed six inches during the base flood condition. 9 . Transfers of waters between watersheds shall be prohibited except when such transfers will not violate the provisions of Subsection 15-112 .1 of this Ordinance. 10 . 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 . 11 . Developments shall, to the extent practicable and necessary, incorporate the following best management practices into the site design to minimize increases in runoff rates, volumes, and pollutant loads: I I a. All runoff from rooftops and . parking lots, and discharge from sump pumps, that does not discharge into a site runoff storage facility shall be directed onto vegetated swales or filter strips, for a distance of at least 50 feet . b. Vegetated swales shall be utilized, where appropriate, as an alternative to storm sewers to promote the ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT Sec. 15-111 through 15-122 -40- Approved By County Board 11/12/97 infiltration of stormwater and the filtration of stormwater pollutants. C. Effective impervious surface area should be limited by site designs which minimize the area of streets, parking lots, and rooftops and/or utilize permeable paving material such as concrete grids in low traffic areas. d. Other best management practices such as infiltration basins and trenches (where permeable soils are present) and filtration basins and sand filters impervious or industrial developments) (on impervious utilized where appropriate. e. The practices and procedures established in the Technical Guidance for the DuPage Countywide Stormwater and Flood Plain Ordinance for the Plan and as described in the United States Environmental - Protection Agency' s "Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters" , dated January 1993 . 12 . Developments shall incorporate all best management practices as may be required pursuant to the United States Clean Water Act, 33 U.S.C. H 1251 et sea. , as amended. Sec. 15-114 . Site Runoff Storage Requirements (Detention) . 1 . Maximum site runoff storage requirements shall be consistent with the information, procedures, and requirements of the applicable Sections 15-117 through 15-122 of this Ordinance, except as limited by the provisions of Subsection 15-114 .2 of this Ordinance. 2 . If no release rate, or a greater release rate than identified below, is specified in the applicable Sections 15-117 through 15-122 of this Ordinance, then sufficient storage shall be provided such that the probability of the Post development release rate exceeding 0 .1 cfs/acre of development shall be less than one percent (1 . 00) per year. Design runoff volumes shall be calculated using continuous simulation or event hydrograph methods. j 3 • If event hydrograph methods are used to calculate design runoff volumes, they must be either HEC-1 SCS runoff method with outlet routing option, TR-20 with outlet control routing option, or TR-55 tabular method with outlet control assumptions :Event methods shall incorporate the following assumptions : a. Antecedent moisture condition = 2; and ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT Sec. 15-111 through 15-122 -41- &12roved By Co= Board 11/12/97 b. Huff or SCS Type II rainfall distribution; and C. Twenty-four (24) hour duration storm with a. one percent (1. ot) probability of occurrence in any one year as specified by Illinois State Water Survey Bulletin 70 northeast sectional rainfall statistics. 4 . If continuous simulation methods are used, design runoff volumes shall be calculated using the Wheaton National Oceanic and Atmospheric Administration rainfall record from 1949 to present. 5 . For sites where depressienal---stevage eats and the undeveloped release rate is less than the maximum release rate in Subsection 15-114 . 2 of this Ordinance, the developed release rate and corresponding site runoff storage volume shall be based on the existing undeveloped release rate for the development site. 6 . All hydrologic and hydraulic computations must be verified under the full range of expected downstream water surface elevations, from low flow through the base flood elevation. 7 . Responsibility for maintenance of all storage facilities shall be designated on the plat of subdivision or other recorded documents . 8 . Storage facilities shall be designed and constructed with the following characteristics : a. Water surface depths two feet above the base flood elevation will not damage the storage facility. b. The storage facilities shall be accessible and easily maintained. C. All outlet works shall function without human intervention or outside power and shall operate with minimum maintenance. d. Storage facilities shall facilitate sedimentation and i catchment of floating material. e . Storage facilities shall minimize impacts of stormwater runoff on water quality by incorporating best management practices. f . Storage facilities shall provide an overflow structure and overflow path that can safely pass excess flows though the development site. The minimum design rate shall be 1 . 0 cfs/acre of area tributary to the storage facility. ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT sec. 15-111 through 15-122 -42- Approved By County Board 11/12/97 9. Storage facilities located within the regulatory flood plain shall : a. Conform to all applicable requirements specified in Article 10 of this Ordinance; and b. Store the required site runoff under all streamflow and backwater conditions up to the base flood elevation; and C. Not allow design release rates- to be exceeded under any stream elevation less than the base flood elevation. 10. Storage facilities located within the regulatory floodway shall : a. Meet the requirements for locating storage facilities in the regulatory flood plain; and b. Be evaluated by performing hydrologic and hydraulic analysis consistent with the standards and requirements for Watershed Plans; and C. Provide a watershed benefit . 11. Developments with storage facilities that have off-site flow tributary to the site either shall provide storage sufficient to accommodate runoff from the off-site tributary watershed and the site, or shall store the site runoff and convey off-site flows through the development while preserving the existing flow and storage of the site. 12 . Storage facilities may be located off-site if the following conditions are met : a. The off-site storage facility meets all of the requirements of this Article 9; and b. Adequate storage capacity in the off-site facility is dedicated to the development; and C . The development includes provisions to convey stormwater to the off-site storage facility. i e , 4v i ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT Sec. 15-111 through 15-122 43- A,Qvroved By County Board 11/12/97 b. Sediment eenre•l areas -te---re the aet e-f- uvbanizatien upen surfaee waters by fi3teerling—ate assi:mi l-ating-seelierent laden-banmeater run ff- wetland sherelill- . e�i'b��l°—mend—_i=airsi—sEl�t rte—b@ t��"lire9--�7'�-��93-i3g—��"�rsist time :c a_-._i _._..-..,._..t _ . b. Riparian envireftfae its idAcntifieaa—in interim Wat V.s a plans . if sueh plans are net ava4:iabie, use Parag:vaph (e) - e. Sloe speeif2-e--aiTHieatien --aee g—te bite _:r_ a u__ speeified in the plan. !E atteh site speeiE4:e • Vegetative areas within SE) feet eE the berder e�f- er4:b2eal 5herellire—efalee4—aara streates .,.e er34:fti33g ffte re thaft 649 aeres, emeep t fer een•�3°e°�r t4partaft enbs, aL-cues ! ipieee--as seen e9-pessiii•, a i _i l .anel vl`e-i:nanee E r the rar. ei d- 2`vrnss shall e , withatit I ., er curercizcrirresT-w `ctlaft4•5,ei impetinelffients ...t ,t ' - ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT Sec. 15-111 through 15-122 -44- Approved By County Board 11/12/97 6. al fnly- haft the lenst-fit eft re q i-r e , r � f e ` _ agree- Sec. 15-115. Reserved. Sec. 15-116. Sediment and Erosion Control Requirements. 1. Sediment and erosion control devices shall be functional before land is otherwise disturbed on the site. 2 . Stockpiles of soil shall not be located in special management areas. 3 . If a stockpile is to remain in place for more than three days, then sediment and erosion control shall be provided for such stockpile. 4 . If the volume, velocity, sediment load, or peak flow rates Of stormwater runoff are temporarily increased during construction, then properties and special management areas downstream from such development sites shall be protected from erosion. 5 . Storm sewer inlets shall be protected with sediment trapping or filter control devices during construction. 6 . The surface of stripped areas shall be permanently or temporarily protected from soil erosion within 15 days after final grade is reached. Stripped areas that will remain undisturbed for more than 15 days after initial disturbance shall be protected from erosion. Temporary sediment and erosion control measures shall be maintained continuously until permanent cover is established. 7. water pumped or otherwise discharged from the site during construction dewatering shall be filtered. 8 . Graveled roads, access drives, parking areas of sufficient width and length, and vehicle wash down facilities if necessary, shall be provided to prevent the deposit of soil from being tracked onto ublic soil reaching a public or prvaterroadway eshal 1 be sremoved before the end of each workday. 9 . All control measures necessary� ry to meet the requirements of this Ordinance or the waiver community ordinance shall be kept operational and maintained continuously throughout the period of land disturbance until permanent sediment and erosion control measures are operational . ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT Sec. 15-111 through 15-122 -45- AWroved By Cog= Board 11/12/97 Sec. 15-117. Reserved for Special Requirements in the Salt .Creek Watershed. Sec. 15-118 . Reserved for Special Requirements in the East Branch DuPage River Watershed. Sec. 15-119 . Reserved for Special Requirements in the West Branch DuPage River Watershed. Sec. 15-120 . Reserved for Special Requirements in the Sawmill Creek Watershed. Sec. 15-121. Reserved for Special Requirements in the Des Plaines River Tributaries Watershed. Sec. 15-122 . Reserved for Special Requirements in the Fox River Tributaries Watershed. Sec. 15-123 through 15-130 . Reserved. i i I ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT Sec. 15-111 through 15-122 -46- ADDroved By County Board 11/12/97 ARTICLE 9, REQUIREMENTS FOR STORMWATER AND FLOOD PLAIN MANAGEMENT Sec. 15-111 through 15-122 47- Approved By County Board 11/12/97 ARTICLE 10. SPECIAL MANAGEMENT AREAS. Sec. 15-131. Special Management Areas. 1 . Special management areas include regulatory flood plains,_ wetlands, and riparian environments--,. ls. Requirements for determining regulatory flood plains are specified in Section 15-132 of this Ordinance. Requirements for delineating wetlands are specified in Section 15-134 of this Ordinance. Requirements for determining riparian environments are specified in Section 15-137 of this Ordindance . 2 . Any development in the regulatory flood plain shall comply with the requirements of Section 15-133 of. this Ordinance in addition to the requirements of Article 9 of this Ordinance. 3 . Any development in wetlands shall comply with the requirements of Section 15-135 of this Ordinance in addition to the requirements of Article 9 of this Ordinance. 4 . All developers shall submit the documents specified in Article 11 of this Ordinance to verify compliance with the requirements of this Ordinance or the applicable waiver community ordinance. 5 . All developers shall grant the Director or the Administrator consent to record against the title of the property an informational note stating that a permit to build in a special management area has been granted. The informational note shall be printed on the face of the plat or other recorded document or shall be separately recorded if the project is a single lot development. Sec. 15-132 . Requirements for Regulatory Flood Plain and Regulatory Floodway Determination. 1 . Any developer proposing development shall identify the boundaries and elevation of the regulatory flood plain and the boundaries of the regulatory floodway. 2 . The regulatory flood plain shall be determined by the highest base flood elevation for a development site at the time of application as determined by: a. Flood plain studies in the Watershed Plans . b. Flood plain studies prepared as part of Interim Watershed Plans . ARTICLE 10. SPECIAL MANAGEMENT AREAS Sec. 15-131 through 15-136 -48- Approved By County Board 11/12/97 C• '33 WR studies adopted as State Regulatory Maps listed in Exhibit 2 . d. Flood Insurance Studies, Flood Insurance Rate Maps, and Flood Boundary and Floodway Maps published by FEMA listed in Exhibit 2 . e. Project specific flood plain studies that meet the standards established in the Plan and approved by the Director. 3 . The Director, or the Administrator in a complete waiver community, may require the applicant to perform a project specific flood plain study when no other regulatory flood plain has been established as provided in Subsection 15- 132 .2 of this Ordinance. If the drainage area is one square mile or greater, the study shall also require approval from PWR0__WR or their designee. 4 . Any development located within the regulatory flood plain as listed in Exhibit 2 may require approval from OWR or its designee or FEMA or both. Exhibit 2 includes approved DWRQLWR and FEMA studies and maps used for insurance and flood plain management purposes. 5 . The regulatory floodway shall be designated by PwRowR or its designee and is shown on maps listed in Exhibit 2 . If a floodway is not designated on the maps in Exhibit 2, then the regulatory floodway shall be deemed to be the regulatory flood plain. G. The regulatory floodway may be redesignated b a specific flood plain study and shall re 1' Project the Department and quire approval from OWR or its designee, and a CLOMR or LOMR from FEMA. Sec. 15-133 . Requirements for Development within the Regulatory Flood Plain. 1. Development shall preserve effective floodway conveyance such that there will be no increases in flood elevations, flows, or floodway velocity, unless any such increases are contained in a public flood easement and a watershed benefit is provided. 2 • Temporary or permanent storage of the following are prohibited unless elevated or floodproofed to one foot the base above flood e e I elevation: i a. Items susceptible to flood damage; or b• Unsecured buoyant materials or materials that may cause off-site damage including bulky materials, ARTICLE 10. SPECIAL MANAGEMENT AREAS Sec. 15-131 through 15-136 -49- ARproved By County Board 11/12/97 flammable liquids, chemicals, explosives, pollutants, or other hazardous materials; or C. Landscape wastes. 3 . All usable space in new buildings, added to existing buildings, or in existing buildings in the flood plain undergoing substantial improvement shall be elevated to at least one foot above the base flood elevation. 4 . In areas outside the regulatory floodway but within the flood plain, maximum flow depths on new parking lots shall not exceed one foot during the base flood condition and shall be designed for protection against physical flood damages . Flood hazard in parking areas below the base flood elevation shall be clearly posted. 5 . New structures other than buildings shall either be elevated to at least one foot above the base flood elevation or designed for protection against physical flood damages . Floodproofing devices shall be operational without human intervention. If electricity is required for protection against flood damage, then there must be a backup power source that will activate without human intervention. The floodproofing shall be certified by a professional engineer. 6 . New or expansion of existing manufactured home parks or subdivisions and placement of manufactured homes not in existing manufactured home parks or subdivisions shall require that : a. All stands or pads shall be elevated to or above the base flood elevation; and b. Adequate access and drainage shall be provided; and C . If pilings are used for elevation, applicable design and construction standards for pilings shall be met; and d. Anchoring shall be accomplished in accordance with the rules and regulations for the Illinois Mobile Home Tie- Down Act issued pursuant to 77 Ill. Adm. Code § 870 to resist flotation, collapse, and lateral movement . I 7 . Existing structures shall not be enlarged, replaced, or structurally altered unless the changes meet the requirements for development . If the changes constitute substantial improvement to a building in the flood plain, then the entire building shall meet the requirements for development . 8 . Existing structures may be floodproofed. Floodproofing devices shall meet the requirements for development in the flood plain and be operational without human intervention. ARTICLE 10. SPECIAL MANAGEMENT AREAS Sec. 15-131 through 15-136 -50- ADD roved By County Board 11/12/97 If electricity is required, then there must be a backup power source that will activate without human intervention. The floodproofing shall be certified by a professional engineer. Com p ensatory storage is not re floodproofing of existing buildings for flood plainevolume displaced by the building and within the area of 10 feet adjacent to the building. 9 • 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 and shall be provided at the same incremental flood frequency elevation as the flood storage displaced. Compensatory storage shall be operational prior to placement of fill, structures, or other materials in the regulatory flood plain. Grading in special management areas shall be done in such a manner that the existing flood plain storage is maintained at all times. 10 . A copy of an application for a CLOMR, CLOMA, LOMA, or LOMB including all the required information, calculations, and documents shall be submitted to the Department concurrent with the application to FEMA or PwRgWR or its designee. 11 . No filling, grading, dredging, or excavating which changes the base flood elevation, base flood flow rate or the floodway boundary shall take place until a CLOMR is issued by FEMA. 12 . If a LOMR is required by FEMA, no building construction shall take place until the LOMR is received. 13 . Any fill required to elevate a building must extend at least 10 feet beyond the foundation before the grade slopes below the highest base flood elevation. 14 - When a structure is elevated by some means other than filling in the regulatory flood plain: a. The useable space of any building and all electrical, heating, ventilating, plumbing, and air conditioning equipment shall be located at least one foot above the highest base flood elevation; and b. Elevation can be accomplished using stilts, piles, walls, or other foundations. Areas below the lowest floor that are subject to flooding shall be designed d so that hydrostatic rostatic forces on exterior walls are automaticall y equalized b allowing win for h exit of floodwaters and shall be anchored andn aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as currents, waves, ice, and floating debris. Designs for meeting this requirement shall be prepared, ARTICLE 10. SPECIAL MANAGEMENT AREAS Sec. 15-131 through 15-136 -51- Approved By County Board 11/12/97 signed, and sealed by a structural engineer or architect and meet or exceed the following minimum criteria: (1) 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; and (2) The bottom of all openings shall be no higher than one foot above grade; and (3) Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that such coverings and devices do not impede the automatic entry and exit of floodwaters; and C. All materials and structures less than one foot above the base flood elevation shall be resistant to flood damage. 15 . Existing flood storage that is lost due to channel modification shall require compensatory storage. 16 . Any removal, replacement, or modification of stormwater facilities that has an existing 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. 17 . The release rate from new or modified storm sewer outfalls shall meet the requirements of Section 15-114 .2 of this Ordinance or demonstrate compliance with Section 15-112 . 18 . On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 19 . Sanitary sewer systems and water distribution systems shall be designed to minimize or eliminate infiltration or inflow of flood waters and discharge of sewage. 20 . Hydrologic and hydraulic impacts of developments located in the regulatory floodway shall be evaluated using the applicable regulatory model and confirmed using Watershed Plan models, if available, or models meeting the Plan standards for watershed planning. The hydrologic and hydraulic impacts of development shall be evaluated using events representing the frequency range from 50 percent (2- yr) to one percent (100-yr) probability of being equalled or exceeded in a given year. The results of any such evaluation shall be submitted to the Department . ARTICLE 10. SPECIAL MANAGEMENT AREAS Sec. 15-131 through 15-136 -52- Approved By County Board 11/12/97 21. Any proposed development in the regulatory floodway shall evaluate the hydrologic and hydraulic impacts for existing and any future planned watershed conditions. 22 . In the regulatory floodway portion of the regulatory flood plain , all of the requirements of this Section 15-133 shall apply to any proposed development, and only the following appropriate uses shall be considered for permits: a. Bridges, culverts, and associated roadways, sidewalks, and railways, necessary for crossing over the floodway or for providing access to other appropriate uses in the floodway and any modification thereto; and b. At or below grade trail systems; and C. Regulatory floodway regrading, without fill, to create a positive slope toward a watercourse; and d. Floodproofing activities to protect existing structures; and e. Stormwater facilities relating to the control of drainage or flooding; and f. Above- and below-ground utilities and sanitary and storm sewer outfalls; and g. The storage and conveyance of floodwaters; and h. Erosion control structures and water quality and habitat structures; and i . Recreational boating and commercial shipping facilities. 23 . 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 : a. Water will expand no faster than one foot horizontal for every four feet of flooded stream length. b. Water will contract no faster than one foot horizontal for j every one foot of flooded stream length. C. Water will not expand or contract faster than one foot vertical for every to feet of flooded stream length. ARTICLE 10. spECIAL MANAGEMENT AREAS Sec. 15-131 through 15-136 -53- Approved-By County Board 11/12/97 Sec. 15-134 . Requirements for Wetland Delineation. 1. Any developer proposing development in or near mapped wetland areas shall identify the boundaries, extent, function and value, and quality of all wetland areas on the subject property. The presence and extent of wetland areas on the subject property shall be determined as the result of an on-site wetland procedure. This procedure shall be conducted in accordance with the current Federal wetland determinatien—delineation methodology authorized under Section 404 of the Clean Water Act. A written wetland delineation/evaluation report shall be prepared in compliance with all methodologies and definitions set forth in this Ordinance or the applicable waiver community ordinance. 2 . The approximate location, extent, and relative quality of off- site wetlands contiguous to the development shall be identified. The location and extent of contiguous off-site wetlands shall be determined by using the first of the following documents or procedures pertaining at the time of development: a. Site specific delineation according to the procedures specified in the Plan and the Federal Manual for Identifying and Delineating Jurisdictional Wetlands . If such delineation is not available, use Paragraph (b) below. b. wetlands identified in Watershed Plans. If such plans are not available, use Paragraph (c) below. C . Wetlands identified in Interim Watershed Plans. If such plans are not available, use Paragraph (d) below. d. Wetlands identified in the Soil Conservation Service Wetlands Inventory Maps . 3 . Wetlands shall be classified as either critical or regulatory wetlands based on the assessment of the following functions and values . Critical wetlands, because of their sizes, configurations, vegetation, soils, or other characteristics, play crucial roles in storing or conveying flood waters, controlling erosion, maintaining or enhancing water quality, and providing habitat for threatened or endangered species. Critical wetland status shall be assigned to those wetlands that have been determined to satisfy one or more of the following: a. The wetland is identified as a critical wetland in the County' s wetland inventory; or b. The wetland is known to possess a Federal or State listed threatened or endangered species using the ARTICLE 10. SPECIAL MANAGEMENT AREAS Sec. 15-131 through 15-136 -54- Approved By County Boa1'd 11112/97 methods found in the Illinois Department of Conservation's "Guidebook for Endangered Species Inventories", or Illinois Department of Conservation has record of their presence within the last three (3) years; or C. The plant community within the wetland is determined to have a mean rated quality (MRQ) of 3 .5 or higher during a single season assessment, or alternatively a natural area rating index (NARI) value of 35. 0 or higher during a spring, summer, and fall assessment, as calculated by the Swink & Wilhelm methodology. If both methods are performed, the NARI value shall prevail as the determining value; or d. The initial wildlife quality value using the Modified Michigan Department of Natural Resources Method is 5.0 or higher, or alternatively the mean rated wildlife quality (MWRQ) is determined to be 8 .0 or higher, as calculated by the Ludwig wildlife habitat evaluation methodology. If both methods are performed, the Ludwig value shall prevail as the determining value; or e. The ratio of stormwater storage volume available at the base flood elevation to tributary basin runoff volume to the wetland is 25% or greater, or alternatively using a method described in Section 15-114 .3 or Section 15-114 .4, the loss of wetland storage causes adverse offsite impacts that cannot be mitigated in accordance with Section 15-113 and Section 15-133 . If both methods are performed, the methods described in Section 15-114 shall prevail as the determining value; or r mi, 7 -�TS�1�ai3f 1 is le 3 i -Eft aa V ii fl. The existing release rate from the wetland is 0. 1 cfs/acre or less as determined using the method described in Section 15-114 .3 . 4 . All other wetlands not meeting one or more of the critical wetland criteria shall be assigned a regulatory status . The final determination of wetland status shall wetland be made by the Director, or the Administrator in a complete waiver community, based upon a review of submitted information and when necessary, upon consultation with outside wetland authorities. Sec. 15-135 . Requirements for Development �AFuncti on and Values ff of Wetlands . ectincx the i i1 . Development within or affectincx critical wetlands shall be prohibited, unless documentation is submitted that JARTICLE 10. SPECIAL MANAGEMENT AREAS Sec. 15-131 through 15-136 -55- Approved By County Board 11/12/97 conclusively proves that the presence of critical wetlands precludes all economic use of the entire parcel, and that no practicable alternative to wetland modification exists. Based upon a review of the submitted documentation, and any other available resources, the Director, or the Administrator in a complete waiver community, will make a determination as to whether the proposed critical wetland modification represents the least amount of wetland impact required to restore an economic use to the upland portion of the parcel, and whether a permit should be granted. 2 . Development within or affecting regulatory wetlands shall be prohibited unless documentation is submitted that conclusively proves that no practicable alternative to wetland modification exists. Based upon a review of the submitted documentation, and other available resources, the Director, or the Administrator in a complete waiver community, will make a determination as to whether the proposed wetland modifications will be permitted. 3 . Developments et -n' medifleatien will be permitted only when the proposed direct environmental impacts to on-site wetlands, and indirect environmental impacts to off-site wetlands, can be sufficiently evaluated, minimized, and mitigated, as specified in this Section 15-135 . 4 . Mitigation for developments within or affecting a wetland shall provide for the replacement of the wetland environment lost to development at a minimum proportional rate of three to one (3 : 1) for critical wetlands where critical for wetland environments as defined in sections 15-134 .3 .b,c, & d—& f, and one and one half to one (1 . 5 : 1 . 0) for regulatory wetlands. The mitigated wetlands shall be designed to duplicate or improve the hydrologic, biologic, and economic features of the original wetland. The Director, or the Administrator in a complete waiver community, may require a greater compensation ratio where special wetland functions are threatened. 5 . Mitigation for d r______-''_ storage lost 4rft within wetlands develepment shall be provided in accordance with Section 15- 112 and Subsection 15-114 . 5 of this Ordinance. ffteb . 64. Mitigation for development impacts within or affecting a critical or regulatory wetland shall take place in the same watershed planning area as the affected wetland. For the purpose of Section 15-135 and Section 15-136 , the four watershed planning areas are defined by the Salt Creek and Des Plaines River Tributaries Watersheds, West Branch DuPage River and Fox River Watersheds, the East Branch DuPage River ARTICLE 10. SPECIAL MANAGEMENT AREAS sec. 15-131 through 15-136 -56- Approved By County Board 11/12/97 Watershed and the Sawmill Creek W�+► Exhibit 1. atershed, as shown on 74. Creation of wetlands for the mitigation of development impacts within or affecting a critical or regulatory wetland may take place only within areas not currently comprised of wetlands. $4• Mitigation of impacts within or affecting critical and regulatory wetlands shall include design continued maintenance of the mitigation construction,me suresSee Section 15-197 of this Ordinance. The Director, or the Administrator in a complete waiver community, at his or her discretion may allow an existing wetland contiguous to a proposed regulatory wetland Mitigation site to be enhanced in exchange for a partial reduction in the mitigation area required. In no case shall there be a loss of wetland function and -value. The area of creation of new wetland to com ensate for unavoidable wetland loss shall not r ri ,ccif,� be allowed to fall below a one to one ratio. 10-1. Development in or affecting a wetland environment shall be initiated only after-a mitigation plan has been approved and adequate securities are provided as specified in Article 13 of this Ordinance. 11 The designs and analyses of all wetland mitigation measures shall meet the standards of the Plan and shall comply with all applicable Federal, State, and local regulations regarding wetland impact and mitigation. 12G. The Director, or the Administrator in a complete waiver community, shall require that the developer or owner provide the County or the waiver community with periodic monitoring reports on the status of the constructed mitigation measures, and further may require the developer or owner to undertake remedial action to bring the area into compliance with the mitigation plan. 13-+. Mitigation for development within or affecting a wetland begun prior to issuance of a stormwater permit, or other unauthorized impact to a wetland, shall presume the wetland disturbed was a critical wetland requiring mitigation at a minimum rate of three to one (3 : 1) . 14 . To the extent racticable development within 50 feet of a wetland shall not without miti ation: a• Adv ersely chap e the antit alit or temporal and areal distribution of flows entering an ad 'ac wetlands or waters • or en t ARTICLE 10. SPECIAL MANAGEMENT AREAS Sec. 15-131 through 15-136 -57- Approved By County Board 11/12/97 b. Destroy or damacre vegetation that stabilizes wetland fringe areas or provides overland flow filtration to wetlands : nor C. Adversely affect any crround water infiltration_ functions . Sec . 15-136 . Wetland Banking. 1 . In cases when the Director, or the Administrator in a complete waiver community, believes that 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 the Administrator may provide that mitigation for development within that wetland be accomplished wholly or in part through investment in an established wetland banking program in lieu of constructing new wetlands. 2 . Such wetland banking shall be allowed only if no net loss of wetlands results and if the adverse impacts of development in regulatory or critical wetlands are fully mitigated. 3 . Wetland banking for development impacts within a critical or regulatory wetland shall take place within an established wetland banking program approved by the Committee, or the Oversight Committee in a complete waiver community, and located in the closest established wetland banking program in the same watershed planning area as the affected wetland, and shall : a. 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 in a waiver community; and b. Include a capital improvements plan containing an estimate of the total per acre cost of wetland mitigation, including operation and maintenance costs; and C. 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 . 4 . If a wetland meets all the conditions for mitigation in a wetland banking program and there is not a wetland banking program in the watershed planning area, mitigation outside i ARTICLE 10. SPECIAL MANAGEMENT AREAS Sec. 15-131 through 15-136 -58- Approved By County Board 11/12/97 the watershed planning area is permitted provided the following conditions are met: a. Mitigation is to be provided in the closest wetland banking program with the greatest wetland deficit. If there are no watershed planning areas with a wetland deficit, then the mitigation shall take place in the closest wetland banking program. The closest wetland banking program shall be determined by measuring from the centroid of wetland disturbance to the closest appropriate watershed planning boundary. b. The area of mitigation available within a wetland banking program available in any wetland banking program for mitigation from outside the watershed planning area shall not exceed 15% of the original bank area. 5 . All funds deposited in a wetland banking Program shall be maintained in accounts designated solely for a particular wetland banking project, but at the option of the Director, or the Administrator in a full waiver community, may be transferred to the account of another wetland banking project in the same watershed planning area, or if one is not available in an off-site mitigation area ieetLncr the recruirements in section 15-135. if that particular wetland banking project is not constructed within 10 years after the date on which such funds were deposited. 6 . 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. Sec.-15-137 . Riparian Environments Requirements. 1 . Riparian environments serve the followings functions a. Reduces flood flow rates velocities and volumes. b. Prevents erosion and Dromotes bank stabilit of streams lakes Ponds, or wetland shorelines . C . Controls sediment from UID1 and areas thus reducing the impact of urbanization on stream habitat and water cxuali.ty by filterincr and assimilating nutrients discharged from surrounding uplands d. Insulates and mode ily and seasonal stream temperature fluctuations by maintaining cooler instream temperatures for areas with overhanging vegetation ARTICLE 10. SPECIAL MANAGEMENT AREAS Sec. 15-131 through 15-136 -59- Approved By County Board 11/12/97 e. Serves as important sites for denitrification which reduces development of algal blooms and subsequent depressed levels of dissolved oxygen instream. f. Provides an effective mechanism for treatment of contaminated surface runoff. Cr. Provides habitat corridors for both aquatic and terrestrial fauna and flora. h. Provides recreational and aesthetics values for human use. 2 . Any developer proposing development in a riparian environment shall identify the boundaries by using the first of the following documents or Procedures pertaining at the time of development: a. Riparian environments identified in Watershed Plans If such plans are not available, use Paragraph (b) b. Riparian environments identified in Interim Watershed Plans . If such plans are not available use Paragraph (C) . C. Vegetative areas along waterways within the limits of the regulatory flood plain. 3 . Tree-cutting and vegetation removal shall be minimized within riparian environments, and revegetation of disturbed areas shall take place as soon as possible. 4 . Development in a riparian environment shall be initiated only in accordance with the requirements of this Section. 15- 137 and the standards of the Plan and upon consultation with the Technical Guidance for the DuPage Countywide Stormwater and Flood Plain Ordinance for the Plan. 5 . To the extent Practicable development in a riparian environment shall not , without mitigation: a. Adversely change the quantity, quality, or temporal and areal distribution of flows entering any adjacent critical wetlands or waters; nor b. Destroy or damage vegetation that overhangs, stabilizes, provides overland flow filtration, or shades stream channels, wetlands, or impoundments that normally contain water; nor I C . affect any ground water infiltration functions . ARTICLE 10. SPECIAL MANAGEMENT AREAS Sec. 15-131 through 15-136 -60- C oproved By County Board 11/12/97 6 . The lencrth of any miti ated channel shall be a al to or crreater than the length of the disturbed channel 7. Miticration in ri arian environments shall be in accordance with the procedures specified in the Plan 8 . iticration measures in ri arian environments shall include recruired 'provisions for long term maintenance Sec. 15-1384 through Sec. 15-145. Reserved. I ARTICLE 10. SPECIAL MANAGEMENT AREAS Sec. 15-131 through 15-136 -61- i A�yr ved By County Board 11/12/97 ARTICLE 11. STORMWATER MANAGEMENT PERMITS. Sec . 15-146 . General Requirements. 1. Any person proposing a development shall obtain a Stormwater Management Permit prior to development, as provided in Section 15-147 of this Ordinance. 2 . All Stormwater Management Permit review fees shall be paid at the time of application. See Section 15-152 of this Ordinance. 3 . All submittals that include the design of stormwater facilities, calculations for the determination of the regulatory flood plain, or calculations of the impacts of development shall meet the standards of the Plan and shall be prepared, signed, and sealed by a professional engineer. Such professional engineer shall provide an opinion that the technical submittal meets the criteria required by the Plan and this Ordinance or the applicable waiver community ordinance. 4 . Any structure subject to a differential water pressure head of greater than three feet shall be prepared, signed, and sealed by a structural engineer. 5 . The site topographic map, record drawings, and other required drawings shall be prepared, signed, and sealed by a land surveyor or professional engineer and tied to the DuPage County Survey Control Network (National Geodetic Vertical Datum, 1929 adjustment) . 6 . Any proposed development shall secure all appropriate stormwater management related approvals, including without limitation a DWROWR Dam Safety permit if required, and other appropriate federal, state, and regional approvals prior to the issuance of a Stormwater Management Permit . 7 . All development undertaken by a unit of local government in the regulatory flood plain where no regulatory floodway has been designated shall obtain a permit from BWROWR or its designee prior to issuance of a Stormwater Management Permit. 8 . Within the regulatory floodway, the following calculations or analyses shall be submitted to and approved by DWROWR or its designee prior to the issuance of a Stormwater Management Permit : a. Flood damage analyses for the replacement or modification of existing bridges or culverts; and ARTICLE 11. STORMWATER MANAGEMENT PERMITS Sec. 15-146 through 15-153 -62- Approved By County Board 11/12/97 b. Hydraulic analyses of new, modified, or replacement bridges or culverts; and C. Analyses of alternative transition sections as required in Subsection 15-133 .244 of this Ordinance; and d• Analyses of hydrologically and hydraulically equivalent compensatory storage. 9• Any and all proposed development not in a special management area shall be reviewed under the supervision of a professional engineer meeting the requirements in Section 15-47.3 .b. 10 . Any and all proposed development within the regulatory flood plain shall be reviewed under the supervision of a professional engineer meeting the requirements in Section 15-47.3 .a. and, in the case of floodway development, certified by that professional engineer that the proposed development meets the minimum requirements of this Ordinance. 11 . Any and all proposed development in or near a wetland shall be reviewed under the supervision of an environmental scientist meeting the requirements in Section 15-47.3 .a (3) . and certified by that environmental scientist that the proposed development meets the minimum requirements of this Ordinance . Sec. 15-147. Applicability; Required Submittals. 1 . A Stormwater Management Permit shall be required if: a. The development involves one or more special management areas; or b. The development involves a substantial improvement in the regulatory flood plain; or C. The development disturbs more than 5, 000 square feet of ground cover, unless the development solely involves one or more of the following: (1) Cultivation, conservation measures, or gardening; or (2) Installation, renovation, or replacement of a septic system, potable water service line, or other utility to serve an existing structure; or (3) Excavation or removal of vegetation in rights-of- way or public utility easements for the p u installing or maintaining utilities; or rpose of ARTICLE 11. STORMWATER MANAGEMENT PERMITS Sec. 15-146 through 15-153 -63- AR12roved By County Board 11/12/97 (4) Maintenance, repair, or at grade replacement of existing lawn areas not otherwise requiring a stormwater permit under Ordinance. 2 . In addition to the application requirements provided in Sections 15-146 and 15-148 of this Ordinance, the following submittals shall be required: a. The Stormwater Submittal provided in Section 15-149 of this Ordinance shall be required for all development requiring a stormwater permit . b. The Flood Plain Submittal provided in Section 15-150 of this Ordinance shall be required for all development proposed within any regulatory flood plain designated in Section 15-132 of this Ordinance. C. The Wetland Submittal provided in Section 15-151 of this Ordinance shall be required for any development proposed within a wetland designated in Section 15-134 of this Ordinance. Sec. 15-148 . Stormwater Management Permit Application. The Stormwater Management Permit application shall include all of the following: 1 . The name and legal address of the applicant and of the owner of the land; and 2 . The common address and legal description of the site where the development will take place; and 3 . A general narrative description of the development, including submittals required pursuant to Subsection 15- 147 . 2 of this Ordinance; and 4 . 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; and 5 . A statement of opinion by a qualified person either denying or acknowledging the presence of special management areas on the development site, and the appropriate submittals if the statement acknowledges the presence of special management areas; and i 6 . Copies of other permits or permit applications as required; and 7 . A stormwater submittal; and ARTICLE 11. STORMWATER MANAGEMENT PERMITS f' Sec. 15-146 through 15-153 -64- Approved By County Board 11/12/97 8 . A flood plain submittal, if development is proposed in a flood plain; and 9 . A wetland submittal, if development is proposed in a wetland; and 10 . A ri arian environment submittal if develo ment is p ro osed in a riparian environment: and 11$. An engineer' s estimate of probable construction cost of the stormwater facilities. Sec. 15-149 . Stormwater Submittal. 1. The stormwater submittal shall include: a. A site stormwater plan; and b. Site runoff calculations; and C. Site runoff storage calculations if site runoff storage is required in Section 15-111.2; and d. Information describing off-site conditions; and e . A sediment and erosion control plan; and e .3:e tent is W; t See .}f� r L e '-•aTQ' � anel f}. Description on how best management practices are incorporated in the development. 2 . The site stormwater plan shall include: a. A site topographic map depicting both existing and proposed contours of the entire site to be disturbed during development and all areas 100 feet beyond the site or as required by the Director or the Administrator at a scale of at least one inch equals 100 feet or less (e.g. , one inch to 50 feet) , with a minimum contour interval of one foot with accuracy equal to 0. 5 foot of elevation; and . b. A plan view drawing of all existing and proposed stormwater facilities features, at the same scale as the site topographic map, including all of the following: (1) Boundaries for watersheds tributary to all significant stormwater facilities (i .e. , channels, ARTICLE ii. STORMWATER MANAGEMENT PERMITS Sec. 15-146 through 15-153 -65- Ayyroved By County Board 11/12/97 bridges, inlets, and the like) , along with the location of such facilities; and (2) Major and minor stormwater systems (i.e. , storm water pipes, culverts, inlets, and storage and infiltration facilities, and flooding limits under base flood conditions for the major stormwater system) ; and (3) Roadways, structures, parking lots, driveways, sidewalks, and other impervious surfaces; and (4) The nearest base flood elevations; and C . Design details for all proposed stormwater facilities (i .e. , major and minor stormwater systems, storage basins, and outlet works, and the like) ; and d. A scheduled maintenance program for the stormwater facilities, including: (1) Planned maintenance tasks; and (2) Identification of the person or persons responsible for performing the maintenance tasks as required by Section 15-180 of this Ordinance; and (3) A description of the permanent public access maintenance easements granted or dedicated to, and accepted by, a governmental entity; and e . A schedule of implementation of the site stormwater plan—; and f . Upon completion of development, record drawings of the site stormwater plan shall be submitted to the Director or the Administrator. Such drawings shall be prepared, signed, and sealed by a land surveyor or professional engineer and shall include calculations showing the "as-built" volume of compensatory and site-runoff storage. 3 . The site runoff calculations shall include : a. Profile drawings of the major and minor stormwater systems, including cross section data for open channels, showing the hydraulic grade line and water surface elevation under the design and base flood condition; and b. Documentation identifying the procedures, assumptions, and data used to calculate hydrologic and hydraulic ARTICLE 11. STORMWATER MANAGEMENT PERMITS Sec. 15-146 through 15-153 -66- Approved By County Boarcd 11/12/97 conditions for sizing both major and minor stormwater Systems. 4 . The site runoff storage calculations shall include: a. Documentation identifying the procedures, assumptions, and data used to calculate hydrologic and hydraulic conditions and to determine the allowable release rate and related storage volume; and b. Elevation-area-storage and elevation-discharge data for storage systems. -h • _ y �'l rl 1171 iZ %04:th the ement-9 �zcomxZ t-n� ..�,�,e,,,• rdYIILiITe'c. Cl2TC[ -fie T s 4-Q&t7 fY r 3' l +=t� -r —v r n 4:511 , te Fin eperat-i 112:1 5-6�. Information describing the off-site conditions shall include sufficient information to allow evaluation of off-site impacts to and resulting from the proposed development . Such information shall include : a. A vicinity topographic map covering the entire upstream watershed that drains to or through the site and the entire watershed downstream to the point of known or assumed discharge and water surface elevation; and b. A plan view drawing of existing and proposed stormwater facilities, at the same scale as the vicinity topographic map, including: (1) Watershed boundaries for areas draining through or from the development; and (2) The location of the development within the water shed planning area; and (3) Soil types, vegetation, and land cover conditions affecting runoff upstream of the development site for any area draining through or to the site. ARTICLE 11. STORMWATER MANAGEMENT PERMITS Sec. 15-146 through 15-153 _67_ J Approved By County Board 11/12/97 64. The sediment and erosion control plan shall conform with the requirements of Section 15-116 of this Ordinance. The sediment and erosion control plan shall include: a. A plan and schedule for construction, including site clearing and grading, placement and maintenance of soil stabilization controls, and sediment trapping facilities; and b. A description of the development, including existing site land cover and hydrologic conditions, adjacent areas, soil types, permanent and temporary sediment and erosion control measures, maintenance requirements, and calculations; and C. Plan view drawings of existing and proposed site conditions, at the same scale as the site stormwater plan, including: (1) Existing contours with drainage patterns and watershed boundaries; and (2) Soil types, vegetation, and land cover conditions; and (3) Limits of clearing and grading plans; and (4) Final contours with locations of drainageways and sediment and erosion control measures; and d. Design details for proposed sediment and erosion control facilities; and e. A copy of the written opinion, when applicable, of the Soil and Water Conservation District required under 70 ILCS 405/22 . 02 (1992) ; and f. Evidence that the sediment and erosion control installation and maintenance requirements, including both a list of maintenance tasks and a performance schedule, are identified and required in the plans and specifications. 7$. Information describing how best management practices are incorporated into the site design. Such information shall include: a. A description of best management practices that are incorporated into the site design and how they will function. Include applicable design criteria such as soil type, vegetation, and land cover conditions draining to the best management practice along with appropriate calculations; and ARTICLE 11. STORMWATER MANAGEMENT PERMITS Sec. 15-146 through 15-153 -68 Approved By County Board 11/12/97 b. A description of the maintenance requirements. Sec. 15-150. Flood Plain Submittal . The flood plain submittal shall include: 1 . A delineation of the pre- and post-development regulatory flood plain and recrulatory floodwav consistent with the requirements of Section 15-132 of this Ordinance; and 2 . Calculations necessary for meeting the requirements of Sections 15-132 and 15-133 of this Ordinance; and 3 . Topographic survey drawings of all structures located on or near the site, showing all structures including the lowest floor, point of entry, and floodproofing elevations. This survey shall be prepared, signed, and sealed by a land surveyor or professional engineer. Sec. 15-151 . Wetland Submittal. The wetland submittal shall include: 1 . A delineation of the wetlands consistent with the requirements for wetland delineation provided in Section 15- 134 of this Ordinance; and 2 . A characterization of the wetlands as either critical or regulatory; and 3 . A mitigation plan meeting the requirements of Section 15-135 of this Ordinance; and 4 . A plan for the continued management, operation, and maintenance of the mitigation measures, including the designation of the person or persons responsible for long term operation and maintenance and dedicated funding sources. Sec. 15-151 . Riparian Environment Submittal . The ring-rig- environment submittal shall include 1 . A invent :) of the functions of the riparian environments consistent with the re irements for ri arian environments delineation Provided in Subsection 15-137.2 of this Ordinance - and i i ARTICLE 11. STORMWATER MANAGEMENT PERMITS Sec. 15-146 through 15-153 -69- Approved By County Board 11/12/97 2 A mitigation plan meeting the requirements of Section 15- 137 of this Ordinance : and 3 . A plan for continued management, operation, and maintenance of the mitigation measures, including desicmation of the person or persons responsible for long term operational management and dedicated funding sources. Sec. 15-153.2-. Permit Fees. 1. A review and inspection fee schedule for Stormwater Management Permits in non-waiver communities, and in special management areas for partial waiver communities, is attached to this Ordinance as Schedule A and by this reference incorporated into this Ordinance . 2 . All permit review and inspection fees for development in non- waiver communities, and in special management areas in partial waiver communities, shall be payable to the Department . 3 . Waiver communities may set permit review and inspection fees for developments within their jurisdictions. Sec. 15-1544 Duration and Revision to Permits 1 . Permits expire December 31 of the third year following the date of permit issuance. 2 . If the permitted activity has been started but is not completed by the expiration date of the permit, and the permittee intends to pursue the permitted activity, then the permittee may 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 permitted activities outside special management areas . Expiration dates for permitted activities in special management areas may be extended in maximum three year increments provided the activity is in compliance with the then current requirements of this Ordinance or the applicable waiver community ordinance. 3 . If, after permit issuance, the permittee decides to revise the approved plans, the permittee shall submit revised plans to the Director or the Administrator, along with a written request for approval. 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. Ii f ARTICLE 11. STORMWATER MANAGEMENT PERMITS Sec. 15-146 through 15-153 -70- App roved By County Board t X12/97 Sec. 15-1554 through 15-165. Reserved. ARTICLE 11. STORMWATER MANAGEMENT PERMITS Sec. 15-146 through 15-153 -71- Approved By County Board 11/12/97 I� ARTICLE 11. STORMWATER MANAGEMENT PERMITS Sec. 15-146 through 15-153 -72- j A�nroved By County Board 11/12/97 ARTICLE 12. PROHIBITED ACTS. Sec. 15-166 . Prohibited Acts . 1. It shall be unlawful for any person to undertake any development within the County or a waiver community without first securing a Stormwater Management Permit as required by this Ordinance or the applicable waiver community ordinance. 2 . It shall be unlawful for any person to violate, omit, neglect, or refuse to comply with, or to disobey, enforcement of, any provision of this Ordinance or the applicable waiver community ordinance or any condition of a Stormwater Management Permit required by this Ordinance or the waiver community ordinance. Sec. 15-167. 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. Sec. 15-168 through 15-175 . Reserved. ARTICLE 12. PROHIBITED ACTS Sec. 15-166 through 15-167 -73- i A�nroved By County Board 11/12/97 II ARTICLE 12. PROHIBITED ACTS Sec. 15-166 through 15-167 -74- Approved By County Board 11/12/97 ARTICLE 13 . PERFORMANCE SECURITY, Sec. 15-176 . General Security Requirements . 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 Permit, 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 Permit : a• Post a development security as provided in Section 15- 177 of this Ordinance; and b. Post a sediment and erosion control security as provided in Section 15-178 of this Ordinance, if a sediment and erosion control plan is required pursuant to Section 15-149 of this Ordinance. 2 . The developer shall bear the full and a cost of securing maintaining the securities required by this Section 15g a Sec. 15-177 . Development Security. 1 . A development security shall be posted and shall include: a. A schedule, agreed upon by the developer and the Director or the Administrator, for the completion of the construction of any stormwater facilities required by the permit; and 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 (1100) of the estimated probable cost to complete the construction of any stormwater facilities required by the Stormwater Management Permit, which estimated probable cost shall be approved by the Director or the Administrator; and 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 i ARTICLE 13. PERFORMANCE SECURITY Sec. 15-176 through 15-180 _75. I Approved By County Board 11/12/97 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. 2 . The security required by this Section 15-177 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 15-177 or other applicable provision are satisfied. 3 . After approval of record drawings and final inspection by the Director or the Administrator, not more than ninety percent (900) of the security provided for in this Section 15-177 or other applicable provision may be released. A minimum of ten percent (10%) of the security shall be retained for a period of time not to exceed: a. One year after completion of construction of all stormwater facilities required by the permit if the development involves no wetland mitigation; or b. Five years after completion of construction of all stormwater facilities required by the permit if the development involves wetland mitigation. Sec . 15-178 . Sediment and Erosion Control Security. 1 . If a sediment and erosion control plan is required pursuant to Section 15-149 of this Ordinance, then a sediment and erosion control security shall be required. Such a security shall include: 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 sediment and erosion control measures, which estimated probable cost shall be approved by the Director or the Administrator; and 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 sediment and erosion control measures in the event that such measures are not installed and maintained according to the established schedule. ,I 2 . The security required by this Section 15-178 shall be maintained and renewed by the applicant, and shall be held E ARTICLE 13. PERFORMANCE SECURITY Sec. 15-176 through 15-180 -76- Ap uroved By County Board 11/12/97 in escrow by the Director or the Administrator, as applicable, until the conditions set forth in this Section 15-178 are satisfied. 3 . After establishment of vegetation, removal of all sediment from stormwater facilities, and final inspection and approval by the Director or the Administrator, as erosion control security shall be (released. Sec. 15-179 . Letters of Credit. 1 . Letters of credit posted pursuant to Sections 15-176, 15- 177, and 15-178 of this Ordinance shall be in a form satisfactory to the Director or the Administrator, as applicable. 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. 3 . Each letter of credit shall, at a minimum, provide that : a. It shall not be canceled without the prior written consent of the Director or the Administrator; and b. It shall not require the consent of the developer prio to any draw on it by the Director or the Administrators and 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 administrative costs, incurred by the County or the waiver community, as the Director or the Administrator shall determine. 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 Y in full the remaining unpaid P id ARTICLE 13. PERFORMANCE SECURITY Sec. 15-176 through 15-180 -77- I { Approved By County Board 11/12/97 cost of all stormwater facility construction or sediment and erosion 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 . 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. 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 the developer, then the developer shall, upon demand of the Director or the Administrator therefor, 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. ARTICLE 13 . PERFORMANCE SECURITY Sec. 15-176 through 15-180 -78- Annroved B County Board 11/12/97 Sec. 15-180 . Long-Term Maintenance. Subdivision site runoff storage areas, and stormwater facilities not located in dedicated rights-of-way, shall be granted or dedicated to and accepted by a public entity, or shall be conveyed by plat as undivided equal interests to each lot in the subdivision or to dedicated entities approved by the Director or the Administrator. Included in the dedication shall be a plan for continued management, operation, and maintenance of the stormwater facility, including designation of the person or persons responsible for long term operational management and dedicated funding sources. 1. If title to the land underlying site runoff storage areas and stormwater facilities is conveyed by agreement to each of the lots in the subdivision, then: a. A covenant on the face of the plat shall be provided; and b. Subdivision property owners shall establish a property owner' s association to provide for the maintenance of site runoff storage areas and stormwater facilities . The association shall be duly incorporated and the property owners ' association agreement shall be recorded for all the lots in that subdivision; and C. The proposed property owners ' association by-laws and declaration shall provide for a long term maintenance agreement establishing: (1) Title to the site runoff storage areas and storm water facilities to assure that each lot owner is responsible for a share of the cost of maintenance; and (2) Payment of real estate property taxes for such areas to assure that site runoff storage areas and stormwater facilities are not sold to satisfy delinquent taxes; and (3) Methods of perpetual maintenance, to assure that the standards of the plan for the site runoff storage areas and stormwater facilities are met. Maintenance methods shall be approved by the Director or the Administrator. 2 . If title to land underlying the site runoff storage areas and stormwater facilities is conveyed by the plat to a public entity, then: a. The face of the plat shall provide, if necessary, that an easement for public access for construction and ARTICLE 13. PERFORMANCE SECURITY Sec. 15-176 through 15-180 -79- Approved By County Board 11/12/97 maintenance purposes is reserved to the public entity; and b. The public entity shall accept the dedication of the site runoff storage areas and stormwater facilities and provide for their perpetual maintenance, including capital expenses for repair and replacement . 3 . If title to the land underlying the site runoff storage areas and stormwater facilities is conveyed by the plat to the owner of the land, then: a. The face of the plat shall provide an easement for access and maintenance purposes is reserved to the governmental unit having local jurisdiction over the stormwater management plan for the area in which the property is located; and b. The face of the plat shall provide the maintenance responsibilities including the schedule of perpetual maintenance, repair and replacement; and C. The face of the plat shall stipulate an agreed right of the governmental unit having local jurisdiction over the stormwater management plan for the area in which the property is located to come onto the property upon thirty (30) days written notice to correct any condition which causes the site runoff storage area not to function as hydraulically and hydrologically planned; and to demand payment for such costs or to place a lien against the property for the value of those costs . Sec. 15-181 through 15-195 . Reserved. I ARTICLE 13. PERFORMANCE SECURITY Sec. 15-176 through 15-180 -80- Approved By County Board 11/12/97 ARTICLE 14. ENFORCEMENT AND PENALTIES. Sec. 15-196. Inspection and Maintenance Authority. 1. Pursuant to the authority granted by 55 ILCS 5/5-1104 & 5- 1062 (1992) , the County or a waiver community may, after thirty (30) days written notice to the owner or occupant, 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. 2 . The Director or the Administrator shall post the notice in a prominent place on the premises, and shall send by certified mail a copy of the notice to the property owner listed in the County property tax records. The notice shall : a. State the method by which the stormwater facility will be cleaned or maintained; and b. State the date upon which the proposed work will begin; and C. Inform the property owner that the property owner may appeal the commencement date of the proposed maintenance work. Sec . 15-197. Required Inspections. 1 . Any development constructed pursuant to a Stormwater Management Permit shall be subject to periodic inspections by the Director or the Administrator to ensure conformity with permit provisions and conditions. 2 . 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 Section 15-135 of this Ordinance for all mitigated wetlands authorized by a Stormwater Management Permit in a non-waiver or partial waiver community. Sec. 15-198 . Notice of Violations. Whenever the Director or the Administrator determines that a violation of a permit exists, the Department or the Oversight Committee shall issue a notice of violation to the owner, developer, or person in control by posting a COPY of the notice on the subject parcel and by mailing the notice to the owner, developer, or person in control. Such notice shall state the ARTICLE 14. ENg ORC EMENT AND PENALTIES Sec. 15-196 through 15-204 -81- =roved By Co= Board 11/12/97 nature of the alleged violation and shall fix a date not less than ten (10) days after the date of the notice when the parcel or development will be reinspected. If the. condition is not corrected upon reinspection, then, in addition to other remedies, the proper authorities of the County or the waiver community may institute any appropriate action or proceedings in the circuit court to restrain, correct, or abate such violation. Sec. 15-199. Revocation of Permits. The Director or the Administrator may revoke a Stormwater Management Permit under any of the following circumstances: 1 . When the application, plans, or other supporting documents required by this Ordinance or the waiver community ordinance reflect a false statement or misrepresentation as to material fact; or 2 . When the permit holder fails to post or maintain security, execute covenants, or dedicate easements as required; or 3 . Any violation of any relevant local, State, or Federal requirement. Sec . 15-200 . Stop-Work Order. 1 . The Director or the Administrator, upon discovery of the existence of any of the circumstances established in Subsection 15-200 . 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 action, if any, necessary to resolve the circumstances requiring the stop-work order. One copy of the stop-work order shall be posted on the property in a conspicuous place and one copy shall be delivered by mail or by personal delivery to the permit holder and to the owner of the property or his or her agent . The stop-work order shall state the conditions under which the subject development may be resumed. 2 . A stop-work order shall be issued if the governmental unit having jurisdiction over Stormwater Management in that area is aware that : a. Development is proceeding in a manner which creates imminent hazard of severe harm to persons or property on or off the site; or b. Development has been accomplished in violation of a requirement of this Ordinance, or the waiver community ordinance, or a Stormwater Management Permit, or any ARTICLE 14. ENFORCEMENT AND PENALTIES Sec. 15-196 through 15-204 -82- Approved By County Board 11/12/97 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 posted on the property in a conspicuous place or given to the person conducting the development without the violation or noncompliance being corrected; or C. Development for which a Stormwater Management Permit is required is proceeding without issuance of a Stormwater Management Permit. In such instance, the stop-work order shall indicate that the effect of the order terminates when the required Stormwater Management Permit is properly obtained. Sec. 15-201. Fines. 1• Any person who violates, disobeys, omits, neglects, or refuses to comply with, or who resists .enforcement of, any provision of this Ordinance, the applicable waiver community ordinance, or any condition in any permit issued pursuant to this Ordinance or a waiver community ordinance, shall be subject to a fine not �e3i:41 in excess of seven hundred and fifty r calendar day a violation continues to exist shall constitute a separate offense. 2 . For the purposes of this Section 15-201, the owner, any occupant, or the developer and 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. 3 . The Committee or, in a full waiver community, the Oversight Committee shall request its appropriate legal counsel to prosecute such action as a petty offense pursuant to 730 ILLS 5/5-1-17 (1992) ; as hereafter amended; or according to other appropriate authority in law or in equity. Sec. 15-202 . Additional Remedies for Special Flood Hazard Areas . 1. Pursuant to 55 ILCS 5/5-12003 (1992) , upon the unauthorized excavation or filling of a special flood hazard area in an unincorporated area of the county, by any person, the County may petition the circuit court for an order to remove the fill and restore the parcel to its natural elevation 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. a. When, after a diligent search, the identity or whereabouts of the owner of any such parcel, including ARTICLE 14. ENFORCEMENT AND PENALTIES Sec. 15-196 through 15-204 -83- A� rop ved By County Board 11/12/97 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 this Section 15-202 . b. 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. C. 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. d. Such notice shall include a sworn statement setting out: (1) A description of the real estate sufficient for identification thereof; and (2) The amount of money representing the cost and expense incurred; and (3) The date on which the cost was incurred. e. 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. f. 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. 2 . 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. Sec. 15-203 . 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 14. ENFORCEMENT AND PENALTIES sec. 15-196 through 15-204 -84- Approved By County Board 11/12/97 + Sec. 15-204 . 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. Sec. 15-205 through 15-225 . Reserved. ARTICLE 14. ENFORCEMENT AND PENALTIES sec. 15-196 through 15-204 -85- 'Approved By County Board 11/12/97 ARTICLE 14. ENFORCEMENT AND PENALTIES Sec. 15-196 through 15-204 -86- Approved By County Board 11/12/97 ARTICLE 15. AppEALS. Sec. 15-226 . Right to Appeal. 1. Any person directly aggrieved by any decision, order, requirement, or determination of the Director or the Administrator made pursuant to an interpretation of this Ordinance or the applicable community ordinance shall have the right to appeal such action directly to the Committee or the Oversight Committee; provided, however, that all decisions made by the Director or the Administrator pursuant to Article 14 of this Ordinance shall be deemed final and not appealable, except as otherwise specifically provided in Subsection 15-196 .2 of Article 14 . 2 . 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. 3 . Upon receipt of such a notice of appeal, the Committee or the Oversight Committee shall set a date for a hearing before the Committee or the Oversight Committee• Such public hearing shall commence not fewer than fourteen (14) days nor more than thirty (30) 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. 4 • A public hearing shall be set, noticed, and conducted by the Committee in accordance with the provisions of Section 15- 256 of this Ordinance. 5 . 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 . 6 • The applicant may appeal the decision of the Committee to the County Board by filing a notice thereof in the form required by Subsection 15-226 .2 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. 1 7 • Within thirty-five prepared and filed notice of appeal, the CountyfBoard rshall, ARTICLE 15. AppEALS Sec. 15-226 -87- Approved By County Board 11/12/97 without hearing, affirm, reverse, or modify the decision of the Committee. The failure of the County Board to act within thirty-five (35) days shall be deemed to be a final decision of the County Board denying the appeal. 8 . The decision of the County Board shall in all instances be considered a final decision. Sec. 15-227 through 15-235. Reserved. I t i I I ARTICLE 15. APPEALS Sec. 15-226 -88- Approved By County Board 11/12/97 ARTICLE 16. VARIANCES. Sec. 15-236. Authority; Applications; Standards. 1 . The County Board in non-waiver communities or the corporate authorities of the waiver community shall have the authority to grant variances from the requirements of this Ordinance, but only in compliance with the procedures set forth in this Section 15-236 . 2 . 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. 3 . Variance petitions may be filed either by the owner or by the developer of land specified in the application. 4 . The petition for a variance shall accompany or follow an application for a Stormwater Management Permit including all necessary submittals. 5 . All variance petitions filed pursuant to this Section 15-236 shall be filed with the Director or the Administrator. 6 . All variance petitions filed pursuant to this Section 15-236 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. 7. Every variance petition filed pursuant to this Section 15- 236 shall provide the following information: a. The owner' s or developer's signed consent to the filing of the petition; and b. The names and addresses of all professional consultants, if any, advising the petitioner with respect to the petition; and C. 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, the petitioner, or the subject � ' as to: the owner, and 7 property or development; d. The addresses and legal description of the subject property or development; and ARTICLE 16. VARIANCES Sec. 15-236 through 15-240 _89- Approved By County Board 11/12/97 e. The specific feature or features of the proposed construction or development that require a variance; and f . The specific provision of this Ordinance or the waiver community ordinance from which a variance is sought and the precise variation therefrom being sought; and g- 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 h. A statement of the minimum variance of the provisions of this Ordinance or the waiver community ordinance that would be necessary to permit the proposed construction or development; and i . A statement of how the variance sought satisfies the standards set forth in Subsection 15-236 . 10 of this Ordinance. 8 . 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. 9 . 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 cause to delay a requested or scheduled hearing date. 10 . 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- 112 of this Ordinance as well as the following conditions : a. Granting the variance shall not alter the essential character of the area involved, including existing stream uses; and I b. 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 i a specific developer or owner; and C . The relief requested is the minimum necessary and there are no means other than the requested variance by which ARTICLE 16. VARIANCES sec. 15-236 through 15-240 -90- Anyroved By County Board 11/12/97 the alleged hardship can be avoided or remedied to a degree sufficient to permit the reasonable continuation of the development; and d. The applicants circumstances are unique and do not represent a general condition or problem; and e. The subject development is exceptional as compared to other developments subject to the same provision; and f. A development proposed for a special management area could not be constructed if it were limited to areas outside the special management area. 11. 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 the effect of which variance would be to create regulation less restrictive or stringent than federal and/or state required minimum standards for development in such areas . Subject to this standard, a variance may be granted in accordance with this Section 15-236 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 . 12 . 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. 13 . 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 $egai-ttitenb�Director, and all watershed planning area communityes Administrators. Such notice shall be sent no less than fEeurte P one(21) days in advance of the date of the public rhearing by regular U.S. mail or its equivalent . In addition the permit application and variance petition includingr all Permit submittals and support documentation shall be sent to the Director. Sec. 15-237. 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 15-256 of this Ordinance . i Sec . 15-238 . Review and Recommendation. ARTICLE 16. VARIANCES Sec. 15-236 through 15-240 -91- Approved By County Board 11/12/97 1. 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. 2 . 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. 3 . 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. Sec . 15-239 . 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. Sec. 15-240 . Conditions. 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. 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-lee of tt a by a variance as may be necessary or appropriate. 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 ARTICLE 16. VARIANCES Sec. 15-236 through 15-240 -92- Approved By County Board 11/12/97 4 applicant shall, upon meeting such conditions, file an affidavit with the Director or the Administrator so stating. Sec. 15-241 through 15-255 . Reserved. I ARTICLE 16. VARIANCES Sec. 15-236 through 15-240 -93- Approved By County Board 11/12/97 ARTICLE 17 . MISCELLANEOUS PROVISIONS. Sec. 15-256 . Public Hearings. 1 . 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 or meeting; provided, however, that such hearing or meeting 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 the hearing or meeting agenda of the body is completely committed during that time. 2 . All hearings shall be open to the public and shall be held before the Committee or the Oversight Committee. 3 . 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. 4 . 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. 5 . 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. 6 . 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. 7 . 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 . ARTICLE 17 . MISCELLANEOUS PROVISIONS Sec. 15-256 through 15-260 -94- Approved By County Board 11/12/97 y 8 . 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 : a. To present witnesses on their behalf. b- To cross-examine all witnesses testifying in opposition to the application, petition, or appeal. C. To examine and reproduce any documents produced at the hearing. d. 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: (1) The development to which the request applies; or (2) Facts that would support or negate the legal standards for granting or denying the request or appeal . e . 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. 9 . The Committee, and the Oversight Committee, ma y at an time, on its own motion or at the request of an y person, adjourn the hearing for a reasonable time and to a fixed date, time, and place, for the purpose of notice, taking further evidence giving further information, deliberating further, or foras such ing herfreason 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 designated by the Committee, and the Oversight Committee. 10 . All testimony at every hearing shall be given under oath. ARTICLE 17. MISCELLANEOUS PROVISIONS Sec. 15-256 through 15-260 -95- T Approved By County Board 11/12/97 11 . 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. 12 . 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. 13 . The record of the public hearing shall include: a. All notices and responses thereto; and b. 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 C. Any recommendation or report by the hearing body; and d. All Department memoranda or data submitted to the hearing body in connection with its consideration of the subject matter of the hearing. 14 . 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. Sec . 15-257 . Severability. 1 . The several provisions of this Ordinance or the waiver community ordinance shall be severable in accordance with the following rules: a. 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. b. 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 ARTICLE 17. MISCELLANEOUS PROVISIONS Sec. 15-256 through 15-260 -96- / +w Approved By County Board 11/12/97 the application of said provisions to any other land, structure, or development . 2 . All such unaffected provisions of this Ordinance or the waiver community ordinance shall remain in full force and effect . Sec. 15-258 . Most Restrictive Provisions Apply. 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. 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. Sec. 15-259. 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 only take effect after a public hearing is held before the Committee and the amendment is adopted by the DuPage County Board. Sec. 15-260 . Effective Date . This Ordinance shall take effect for all purposes, and its effective date shall be, February 15, 1992 . Sec. 15-261 through 15-265 . Reserved. ARTICLE 17. MISCELLANEOUS PROVISIONS Sec. 15-256 through 15-260 -97-