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G-726 - 07/22/2003 - STORMWATER - OrdinancesORDINANCE 2003- SWM -RR -G -726 AN ORDINANCE AMENDING SECTION 9 -5 -1 ( "GENERAL INFORMATION ") OF TITLE 9 ( "STORM WATER, FLOODPLAIN AND SEDIMENTATION AND EROSION CONTROL REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK WHEREAS, the Village of Oak Brook is located almost entirely within DuPage County, which adopted a Countywide Stormwater and Flood Plain Ordinance, (the "County Ordinance ") on September 24, 1991, in accordance with Illinois Compiled Statutes, Chapter 34, paragraph 5 -1062; and WHEREAS, on February 11, 1992, the Village of Oak Brook passed and approved "An Ordinance Adopting Various Provisions of the DuPage County Countywide Stormwater and Flood Plain Ordinance" (Ordinance S -728), and WHEREAS, on March 24, 1992, the County designated the Village of Oak Brook as a complete waiver community for the enforcement of the County Ordinance; and WHEREAS, the Village of Oak Brook, as a complete waiver community, is required to adopt certain standards contained within the current County Ordinance as the minimum standards effective within its territorial jurisdiction although it may imposed higher standards, and WHEREAS, the Village has from time to time amended its stormwater and flood plain regulations to conform with changes made by the County to the County Ordinance; and WHEREAS, on December 10, 2002, the Village of Oak Brook passed and approved a comprehensive amendment to its stormwater and floodplain regulations entitled "An Ordinance Amending Title 9, Stormwater Management, of the Village Code of the Village of Oak Brook Relating to Stormwater, Flood Plain, Sedimentation and Erosion Control Regulations" (Ord G -709), and WHEREAS, the DuPage County Board has recently approved certain revisions to the DuPage County Countywide Stormwater Flood Plain Ordinance, and WHEREAS, it is in the best interests of the Village of Oak Brook that Title 9 be amended to incorporate the revisions to the DuPage County Countywide Stormwater Flood Plain Ordinance, stated below, by amending Section 9 -5 -1 of the Village Code as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows - Section 1- That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein Section 2 That Section 9 -5 -1 ( "General Information ") of Title 9 ( "Storm Water Floodplain, and Sedimentation and Erosion Control Regulations ") be amended to read as follows- Ordinance 2003- SWM -RR -G- 726 Amending Section 9 -5 -1 of the Village Code Page 2 of 4 9 -5 -1: GENERAL INFORMATION, A All developments shall meet the requirements specified for general storm water and floodplain development (Section 9 -5 -2 of this chapter), site runoff (Section 9 -5 -3 of this chapter), sediment and erosion control (Section 9 -5 -6 of this chapter), and performance security (Chapter 9 of this title) B. All developments, with consideration given to those developments noted in Section 9 -5- 1 C of this chapter, shall comply with the site runoff storage requirements provided in section 9 -5 -4 of this chapter in which: 1 The parcels being developed total three (3) acres or greater for single - family or two family residential subdivision land uses, or 2. The parcels being developed total one acre or greater for multiple - family (more than 2 dwelling units) or nonresidential land uses; or 3 The parcels being developed total one acre or greater for multiple - family (more than 2 dwelling units) or nonresidential developments and the new development totals either individually or in the aggregate after February 15, 1992, to more than twenty five thousand (25,000) square feet, or 4 The parcels being developed total one acre or greater for road developments in rights of way under the ownership or control of a unit of government C. The Administrator shall consider granting an exception to Section 9 -5 -1 B of this chapter for those developments listed below, if specific requirements are met for such development as listed or required by the Administrator: 1 The development is strictly limited to the grading of pervious area, in which the following specific requirements are met, a The Applicant must demonstrate to the administrator's satisfaction that for all storm events, up to and including the critical duration 100 -year event, the grading activity does not. (1) Result in an increase in runoff volume, and, (2) Result in an increase in peak release rate; and (3) Result in a time decrease associated with the time of concentration, and, (4) Contribute to adjacent flood problems, and, (5) Alter the direction of runoff 2 The development is strictly limited to the reconstruction of an existing parking lot in which the following specific requirements are met. a The Applicant must demonstrate that the reconstruction will remain in the same foot print as the existing parking lot, and, b The Applicant must demonstrate to the administrator's satisfaction that for all storm events, up to and including the critical duration 100 -year event, the development activity does not (1) Result in an increase in runoff volume, and (2) Result in an increase in peak release rate, and (3) Result in a time decrease associated with the time of concentration, and, (4) Contribute to adjacent flood problems; and, (5) Alter the direction of runoff Ordinance 2003- SWM -RR -G- 7 2 6 Amending Section 9 -5 -1 of the Village Code Page 3 of 4 3. The development is strictly a Regional Stormwater Management Project or a Flood Control project in substantial compliance with either a watershed plan or other said study as reviewed and approved by the DuPage County Stormwater Management Committee 4 The development is strictly a Stream Bank Stabilization project 5 The development is strictly limited to the construction, or re- construction, of a pedestrian walkway /bike path, in which the following specific requirements are met a. The pedestrian walkway /bike path shall not exceed twelve (12) feet in width, and, b. The pedestrian walkway /bike path must be constructed by a government agency (e g DuPage County regional trial system, municipal sidewalk program, etc ) c The pedestrian walkway /bike path shall not be constructed in such a manner as to violate Section 9 -5 -2 of this chapter. 6 The development is strictly limited to the creation of a DuPage County recognized wetland bank and /or wetland mitigation site 7 The development is strictly limited to the modification of an existing stormwater management facility to incorporate Best Management Practices 8. The development is strictly limited to the construction of a single - family residential structure on a parcel of land greater than three (3) acres. D Developments shall also meet the more specific requirements of applicable adopted watershed plans or adopted interim watershed plans, set forth in Sections 9 -5 -8 and 9 -5 -9 of this chapter. E All development within special management areas, and substantial improvements within a floodplain, shall also satisfy the requirements specified in Chapter 6 of this title. F All developers shall submit the documents specified in Chapter 7 of this title to verify compliance with these requirements. G Facilities constructed under the provisions of this title shall be maintained in perpetuity (long term maintenance) according to the criteria and guidelines established in the plan Maintenance is the responsibility of the owner of the land on which the storm water facilities are constructed unless the responsibility is assigned, pursuant to section 9 -9 -4 of this title, to an entity acceptable to the village of Oak Brook. (Ord G -709, 12 -10 -2002) 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 22nd day of July , 2003 Ayes Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf Nays None Absent None Abstain None APPROVED THIS 22nd day of July 2003. y {' � per. iL• i K ;M 6. \ CIO Approved as to Form. c , Village Attorney W ORDDOUG- ORDS /Stormwater 7 -22 Ordinance 2003- SWM -RR -G -726 Amending Section 9 -5 -1 of the Village Code Page 4 of 4 Viflas(e President Published 7 -23 -2003 Pamphlet form Date Paper Not Published