S-950 - 08/24/1999 - STORM WATER MANAGEMENT - Ordinances ..<
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ORDINANCE 1999-SWM-EXI-S'950 �.
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AN ORDINANCE ADOPTING VARIOUS PROVISIONS OF
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THE REVISED COUNTY OF DU PAGE COUNTYWIDE STORMW'ATER
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 Bak 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 8:544, petitioned to be designated a complete waiver community for
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 Storrnwater and Flood Plain Ordinance (the"First Revised County Ordinance");
and
WHEREAS,on April 23, 1996, the DuPage County Board adopted a second revised
DuPage Countywide Stormwater and Flood Plain Ordinance (the"Second Revised County
Ordinance"); and
WHEREAS, on November 12, 1997, the DuPage County Board adopted a third revised
DuPage County Countywide Stormwater and Flood Plain Ordinance (the"Third Revised County
Ordinance"); and
WHEREAS, on June 22, 1999,the DuPage County Board adopted a fourth revised
DuPage County Countywide Stormwater and Flood Plain Ordinance (the"Fourth Revised
County Ordinance")which meets current Federal Emergency Management Agency(FEMA)
requirements; and
WHEREAS, as a complete walker community,the Village is required to enforce the
Fourth Revised County Ordinance by September 1, 1999,which is the effective date of the
Fourth Revised County Ordinance; and
WHEREAS, the corporate authorities intend to eventually pass a revised stormwater
Revised County Ordinance and the
unifies the provisions of the Fourth Revs y
ordinance which u P
provisions of the Oak Brook ordinances into a single document, but it desires to fulfill the
requirements of the Fourth Revised County Ordinance in a manner provided hereafter; and
E WHEREAS, the Village of Oak Brook, as a complete waiver community, is req to
adopt certain standards contained within-the Fourth Revised County Ordinance as the minimum ,I
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ordinance 1990-SW-EX1-5954
Adopting Various Provisions
the Revised Countywide Storntw$ter
and Flood Plain Ordinance, Pam 2
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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.
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 Stomrmwwater Management Plan
and the County Ordinance which was adopted by the County Board on June 22, 1999 (Fourth
Revised County Ordinance),the corporate authorities do hereby adopt those provisions of the
Fourth Revised County Ordinance which are attached hereto and made a part of this Ordinance
as Appendix A. These provisions are not adopted byreference, but, rather, are adopted as a
spec Mi cc and integral part of this Ordinance, anti 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 shell be in full force and effect immediately upon its
passage,approval and publication in pamphlet form in the manner provided by law.
PASSED THIS 24th day of August, 1999.
Ayes: Trustees Butler, Caleel, Craig, Fenny, McInerney and Sayino i r
Nays: none
Absent: ]erne
Abstain: None
APPROVED THIS 24th day of August, 199c.
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Village President
ryy ,f
fps �'1r '•,S
a , a
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r rH A
Order I Tr'GXI-S-9 0
Adopting Various Provisions
the Revised Countywide Stormwater
and Flood Plain Ordinance, Page 3
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Approved as to Form:
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Village Attomey
Published 8/25/" Pamphlet Fora
Date Paper �
Not Published
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SYMAWATER I
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APPENDIX A
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The following sections of the revised DuPage County Countywide Stormwater and Flood Plain
Ordinance are attached as Appendix A:
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Articles 2, and 7 through 97
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DuPage County
Countywide Stortnwater
And Flood Plain Ordinance
Adopted by the County Board of the
County of DuFage,Illinois on the 24th
day of September 1991.
Revised by the County Board on the 14th j
day of June 1994.Revisions effective the
1st day of September 1994.
Revised by the County Board do the 23:d
day of April 19%. Revisions effective the
23rd day of April 1996.
Revised by the County Board on the 12th
day of November 1997. Revisions
effective the 1st day of February 1998.
Revised by County Board gn Ake 2 'd ft
of June 199.Revisions effective the in
dao of September 1999.
JUL w 6
VII LACE OF OM
NQINEERtNQ JM
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Structural Engineer. A person licensed under the laws of the State of 11linois as a strucdual
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 individual) or in
im g= F � = Y
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the aggregate, 50 percent of the fair market value of the building, determined from the equalized
assessed value of the building, before the start of construction of the improvement or, if the
building has been damaged, before the damage occurred. The term "cost of improvement"
includes the value of volunteer labor and donated materials. The term "cost of improvement"
does not, however, include either (l) 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 cf such ordinance's general purpose and intent, which variance
shall be granted only in a case• where there are pract:r,-at difficulties or particular hardships.
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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 and2r flood damages upstream or III
downstrear&g the development site.
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11CIA 2. Dl Zt�t2TYp f �„,
See. s!-16. through 19-17. -13-
a � a a` i� r, xs �.: c . � •vi-ix� x fg � +x .:� rR
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R ARTICLE 9. REQUIREMENTS FOR STORMWA.TER 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 I5-112), site runoff(Section 15-113), sediment and erosion
control(Section 15-116),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 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
rights-of-way under the ownership or control of a unit of government.
3. Reserved.
4. Developments shall also meet the more specific requirements of applicable adopted
Watershed Plans or adopted Interim Watershed Plans, set forth in Sections 15-117
through 15-122.
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5. All development within special management areas, and substantial improvements within
a flood plain, shall also satisfy the requirements specified in Article 10 of this Ordinance.
6. All developers shall submit the documents specified in Article 11 of this Ordinance to II
verify compliance with these requirements.
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7. Facilities constructed under the provisions of this Ordinance or the waiver community
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ordinance shall be maintained according to the criteria and guidelines established to the
Plan. Maintenance is the responsibility of the owner of the land on which the stormwater
11 MZCr s 9. JtXQ= ra tote XTOPJ TXR um nooD PLAXN KWAGRU".
#*a. 19-111. tbxough IS-122. •3S-
a_.,�_ e_K:_. ._ate. .��•�,_�� 3, .. ��
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facilities ate constructed unless the Ikon ibift is assigned,pint to SeWan 15-180
of this 4rdina=, to an entity acceptable to the governmental unit.that has juriadictim
over such land.
II.
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:
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a. Result in any new or additional expense to any person other than the developer for j
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 I,
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 I%
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.
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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
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Watershed Plans or in Interim Watershed Plans;and
b. Consider a Technical Guidance for the DuPage Countywide
Stormwater and Flood Plain Ordinance for the Plan;and
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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.
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3. Stormwater facilities shall be functional before building permits are issued for residential �I
and non-residential subdivision.
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ARTMIS 9. RBQVZRXMWB FOR STORMMATRR Am FLOOD 1PLAtm XMMMT. I,
2*4. 15-111. t bxough 15-122. -�-
a. ° The off site 5-torage facility meets all of the requirements of this Article 9;wd
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.
Sec. I5-115. eed-Detention Variance Fee Program
I. Where a variance to the site runoff stora•„ge regnirernents of Section 15-114 is granted.
pgv„A n� t into a detention variance fee nrgg;m shall be made prior to the issuance of a
Stormwater MMggment Permit as a condition of the variance.
2_. Deve� ent in a non waiver communittvor in a waiver community that has not akpted
a Mention variance fee program shall participate in the County's pro9M where:
a Payment of a detention variance fee for the varied storage shall be made to the
County and is determined by applying the first applicable criteria a fo1Iows:
(1) A£ee calculated by multiklving the ner acre-„foot cost of the closest 22-Aft
storage facility timethe varied storage where:
(a) A design concegt plan for the facility has been approved by the
Committee and the Coun Board con
acre-foot cost of constructing the storage ineltxft&gRolfi= and
maintenance costs• and
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(b) A formula has been developed to determine that any invesir=
the facility shall beat least equal to the cost of,plu m
of lands,constructing.operating.and maintaining the facility-and li
c The facili is locate the same watershed 1
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variance.
(2) An adopted fee schedule, attached to this Ordinance as &h039 -B-and k
this reference into orated into this ordin�ar ge that identifies reM ble
and rational cost to provide site runoff storage in I ,eta same w^dt
Rl nni g Brea as the variance The fee shall incluk b co,It g Planning,
Aggp,'ring�land.construction overa_t on,,,w-'.':jaintenance_.
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b. Eun a collcclgd,shall�Pbe swarm miegi,S? e1 h ll iS
r a 1&counts., Funds saa gpmmurnity or w8te, end-z latcd
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40 92 w u cam= Off si a fa_..�ilities md_. d.—smponents, Mvi&
11!lTZCLR 9. ISQUIp.Mang FOR STORMwA xR JAVA FLOOD PLAIN IdlaNllQ .
000. 1S-111. tbxough 15-122.
1 MIN 01
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�vides�ershed
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unto Boar tin ci on an amadd W",
d ited in each ro' t arc
each fund on a first in fizst-out his
d � tineMte — � ,wathn eh
The Comi
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3._ The written recommendation of the committee or the Oversight Commitwe m
grant or deny the requested variance shall be accona►I ed by written findings of filct
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 commtrrrity
before the County Board or the corporate authorities of the waiver community votes to
grant or deny thta variance petition.
Sec. 15-239. Decision.
The County Board or the corporate authorities of the w=aiver community shall grant the variation,
or deny the variation within forty-five (45)
grant the variation with modifications or conditions,
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 th'waiver community may impose such
specific conditions and limitations concerning any matter relating to the purposes and
objectives of this Ordinance or the waiver community ordinance on the development
benefited by a variance as may be necessary or appropriate-
3. Whenever any variance authorized pursuant to this Ordinance or the waiver community
ordinance is made subject to conditions and limitations to be met by the developers, the
applicant shall, upon meeting such conditions, file an affidavit with the Director or the
Administrator so stating.
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For an ,variance to ec 'on 15-114 a fee.. all ursuant to ti
4. xovided.
pgraRp to for anv site runoff storage not beu p
Sec. 15-241.through 15-255. Reserved.
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AR4'1CLX 16. vAR1ARM
llaa. 15-236. through 15-244. »$S-
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« ice'CBMULE.33 "
DETIDMON VARLANcE FEE SCBEDULE
3/419 r
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Salt Greek $1 33,000 per acre-font
East Branch DuPage River $106,000 per aorc-Moat
West Branch DuPage River $94,000 per acre-foot j
Sawmill Creek $87,000 per acre-fwt j
Des PZa n River Tributaries $133,000 per act Moot
Fox River"Tributaries s 8 1,000 per acre-foot
-he:fee is calculated by multiplying the varied storage arnount by the cost per sere-foot
fret'the v.,atershed planning area wbae.the development is ic%
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