G-709 - 12/10/2002 - STORMWATER - Ordinances Exhibitsa
TITLE 9
STORMWATER, FLOOD PLAIN, AND SEDIMENTATION AND
EROSION CONTROL REGULATIONS
CHAPTER 1. PURPOSE
9 -1 -1. Short Title: This Title shall be known and may be cited as the STORMWATER
REGULATIONS OF OAK BROOK, ILLINOIS.
9 -1 -2. Purposes of this Title.
A. The principal purpose of this Title is to promote effective, equitable, acceptable, and legal
stormwater management measures. Other purposes of this Title include:
1. Managing and mitigating the effects of urbanization on stormwater drainage; and
2. Reducing the existing potential for stormwater damage to public health, safety, life,
and property; and
3. Protecting human life and health from the hazards of flooding and degradation of
water quality; and
4. Protecting and enhancing the quality, quantity, and availability of surface and
groundwater resources; and
5. Preserving and enhancing existing wetlands and aquatic and riparian environments,
and encouraging restoration of degraded areas; and
6. Controlling sediment and erosion in and from stormwater facilities, developments,
and construction sites; and
7. Preventing the further degradation of the quality of ground and surface waters; and
8. Requiring appropriate and adequate provision for site runoff control, especially
when the land is developed for human activity; and
9. Requiring the design and evaluation of each site runoff control plan consistent with
watershed capacities; and
10. Encouraging the use of stormwater storage in preference to stormwater conveyance;
and
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It. Lessening the taxpayers' burden for flood - related disasters, repairs to flood -
damaged public facilities and utilities, and flood rescue and relief operations; and
12. Meeting the Illinois Department of Transportation, Division of Water Resources'
floodway permitting requirements delineated in 615 ILCS 5 /18g (1992) ( "An Act in
Relation to the Regulation of the Rivers, Lakes and Streams of the State of
Illinois "), as amended from time to time; and
13. Making federally subsidized flood insurance available to the Village of Oak Brook
and for property throughout the Village by fulfilling the requirements of the
National Flood Insurance Program; and
14. Complying with the rules and regulations of the National Flood Insurance Program
codified in Title 44 of the Code of Federal Regulations; and
15. Encouraging cooperation between the County, communities, and other
governmental entities with respect to flood plain and stormwater management; and
16. Requiring cooperation and consistency in stormwater management activities within
and between the units of government having stormwater management jurisdiction;
and
17. Restricting future development in the flood plain to facilities that will not adversely
affect the flood plain environments or adversely affect the potential for flood
damage; and
18. Incorporating water quality and habitat protection measures in all stormwater
management activities; and
19. Requiring regular, planned maintenance of stormwater management facilities; and
20. Encouraging control of stormwater quantity and quality at the most site - specific or
local level; and
21. Allowing the use of simple technologies whenever appropriate and realistic, but
requiring the use of more sophisticated techniques %ti hen necessary to ensure the
adequacy of stormwater controls; and
22. Requiring strict compliance with and enforcement of this Ordinance.
B. The purposes of this Title are consistent with the DuPage County Stormwater Management
Plan.
C. The purposes of this Title will be implemented by its provisions.
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9 -1 -3. Reference to Watershed Plans.
A. This Title recognizes the integrated nature of the watershed system and the need to study
certain flood control alternatives and other stormwater management functions on a
watershed -wide basis.
B. The following major watershed divisions are identified for detailed watershed studies by
DuPage County:
1. Salt Creek Watershed; and
2. East Branch DuPage River Watershed;
C. Watershed Plans or Interim Watershed Plans are being prepared, from time to time, by
DuPage County and periodically updated by DuPage County for these major watersheds to
identify management projects and establish criteria for development.
D. Adopted Watershed Plans or Interim Watershed Plans which contain more specific criteria
than the criteria established for Village -wide application in this Title shall govern over
Village -wide criteria Such watershed plans, upon their completion, approval, and proper
adoption, are hereby incorporated into this Tide without further act of the President and
Board of Trustees of the Village of Oak Brook.
E. Watershed - specific criteria established in such Watershed Plans or Interim Watershed Plans
shall be set forth as Sections 9 -5 -8 and 9 -5 -9 of this Title.
F. The Village -wide requirements of this Title shall apply in all watersheds unless superseded
by more specific watershed criteria.
CHAPTER 2. DEFINITIONS.
9 -2 -1. Interpretation of Terms and Words.
The terms and words used in this Title shall be interpreted as follows:
A. Words used in the present tense include the future tense; and
B. Words used in the singular number include the plural number and words used in the plural
number include the singular number; and
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C. The words "shall ", "will" and "must" are mandatory, not permissive; and
D. All distances, unless otherwise stated, shall be measured horizontally.
9 -2 -2. Definitions.
Within the context of this Title, 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 Title. The
Administrator shall be the Village Engineer.
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 9-6-3 of this Title.
Base Flood. The flood having a one percent probability of being equaled or exceeded in a given
star_
Base Flood Elevation. The height of the base flood in relation to the National Geodetic Vertical
Datum of 1929.
Berm. An artificially created earthen mound with or without decorative rock features with a height
of thirty-six (36') inches or more.
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 above ground and is
enclosed by walls and a roof. The term "building" 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
Title.
CLONIA. 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
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regulatory floodway and having no impact on the existing regulatory floodway or base flood
elevations.
CLONIR. 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.
Committee. The Stormwater Management Committee of the DuPage County Board, authorized by
Public Act 85 -905.
Community. The Village of Oak Brook 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.
Corporate Authorities. The President and Board of Trustees of the Village of Oak Brook.
County. The County of DuPage, Illinois.
County Ordinance. The DuPage County Countywide Stormwater and Flood Plain Ordinance
passed September 24, 1991 and as amended from time to time, County Ordinance No. SMO -0001-
91.
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 9 -6-4 and 9 -6-5 of this
Title.
Dam. Any obstruction, wall embankment, or barrier, together with any abutments and appurtenant
%corks, constructed to store or direct water or to create a pool (not including underground water
storage tanks).
Day. A calendar day.
Department. The DuPage County Development and Stormwater Department, Stormwater
Management Division.
Developer. Any person who undertakes development or permits development on such person's
behalf.
De-, elopment. Any activity, excavation or fill, alteration, construction, subdivision, change in land
use, or practice, undertaken by private or public entities that affects the discharge of stormwater; or
land modification; or substantial improvement to any portion of a building in the flood plain. The
term "development" does not include maintenance of stormwater facilities.
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Director. The Director of the DuPage County Development and Stormwater Department or his or
her designee.
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.
Excavation. Any act by which organic matter, earth, sand, gravel, rock or any other similar material
is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include
the conditions resulting therefrom.
FENIA. The Federal Emergency Management Agency.
FBFivi. A Flood Boundary and Floodway Map. A flood plain management map issued by FEMA
that depicts, based on detailed analysis, the boundaries of the base flood, the two tenth percent
(0.2 %) probability flood, and the floodway.
Fill. Any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced,
pushed, dumped, pulled, transported or moved by man to a new location and shall include the
conditions resulting therefrom.
Fl R.Ni. A Flood Insurance Rate Map. A map issued by FENIA 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 flood«ays.
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
anv source.
171~18Ni. 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 two (2') feet above the base flood elevation.
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Floodway. The channel and that portion of the flood plain adjacent to a stream or watercourse that
is needed to convey the base flood.
Floodway Conveyance. The measure of the flow carrying capacity of the Foodway section and is
defined using Manning's equation as, K = 1.49 ARC where "n" is Manning's roughness factor,
n
"A" is the effective area of the cross - section, and "R" is the ratio of the wetted area to the wetted
perimeter.
Grading Plan. A topographical plan showing existing land conditions and elevations and
proposed elevations as further detailed in Section 9 -74 of this Title.
Hydrology. The science of the behavior of water, including its dynamics, composition, and
distribution in the atmosphere, on the surface of the earth, and underground.
I DNR -OWR The Illinois Department of Natural Resources, Ogee of Water Resources.
Interim Watershed Plan. A watershed plan adopted by the County that does not contain all of the
Clements 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
F RNT.
LONIR. A Letter of Map Revision. A letter from FEtitA that revises base flood elevations, flood
insurance rate zones, flood boundaries, or floodways 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 Improvement. Any and all sanitary sewerage systems, water distribution systems, storm
drainage systems, public utility systems, sidewalk systems, street systems, street lighting systems,
pedestrian ways, no-access strips, off - street parking areas and other improvements which the
Village of Oak Brook may required under the Subdivision Regulations.
Land Modification. Any act or resulting condition of excavation, filling or stripping.
Land Surveyor. A person licensed under the laws of the State of Illinois to practice land
surveying.
Letter of Credit. An irrevocable letter of credit meeting the requirements of Chapter 9 of this Title
or, when approved by the Village Attorney, other security instruments meeting the requirements of
Chapter 9 of this Title, or cash.
Maintenance. The selective removal of woody material and accumulated debris from, or repairs
to, a stormwater facility so that such facility will perform the function 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. Major stormwater system includes
storage facility overflow paths.
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 openflchannels, swales, and similar facilities designed to convey runoff from the
10 -year flood event or less.
ti FIP. The National Flood Insurance Program. The requirements of the NFIP are codified in Title
44 of the Code of Federal Regulations.
Oversight Committee. The Zoning Board of Appeals of the Village of Oak Brook.
Parcel. Contiguous land under single ownership or control.
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, County Ordinance No. OSM- 0001 -89.
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
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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 regulations of the IDNR -OWR, the Department, and the Village of Oak Brook and 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.
Regulatory Flood Plain. The flood plain as determined by the base flood elevation used as the
basis for regulation in this Title.
Regulatory F000dway. The floodway that is used as the basis for regulation in this Title.
Regulatory Wetlands. All wetlands other than critical wetlands.
Riparian Environment. Land bordering a waterway or wetland 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
e \teed 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
%,%ork in a minimum of two of the following fields: soil science, pedology, edophology, and geo-
morphology, 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, V 1 -30, VE, V. M, or E.
Special Management Areas. Regulatory flood plains or wetlands. See Chapter 6 of this Title.
Stormwater Facility. All ditches, channels, conduits, bridges, culverts, levees, ponds, natural and
man -made impoundments (including stormwater detention or retention basins), wetlands, riparian
en, ironment, tiles, 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 Title and issued by the Village of
Oak Brook signifying acceptance of measures identified for proposed development to comply with
this Ordinance.
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Stripping. Any activity which removes the vegetative surface cover, including the removal of
topsoil.
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.
Subdivision Requirements. The Subdivision Regulations of the Village of Oak Brook as
amended from time to time.
Substantial Improvement. Any repair, reconstruction, rehabilitation, addition, or other
improvement of a building, the cost of which improvement equals or exceeds, individually or in the
aggregate, 50 percent of the fair market value of the building, determined from the equalized
assessed value of the building, before the start of construction of the improvement or, if the
building has been damaged, before the damage occurred. The term "cost of improvement" includes
the value of volunteer labor and donated materials. The term "cost of 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)
anv 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
v6thout limitation basements and garages.
Variation. An authorization recommended by the Oversight Committee and granted by the
Corporate Authorities that varies certain requirements of this Title in a manner in harmony with the
application of this Title's general purpose and intent, which variation shall be granted only in a case
%% here there are practical difficulties or particular hardships.
Watercourse. Any stream, creek, brook, branch, natural or artificial depression, slough, gulch,
m,etland, reservoir, lake, pond, or natural or man -made drainageway in or into which storm water
runoff and floodwaters flow either regularly or intermittently.
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.
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Watershed Benefit. A decrease in flood elevations and flood damages upstream or downstream of
the development site.
Watershed Plan. A plan adopted by the County for stormwater management within a watershed
consistent with the requirements in Chapter 3 of the Plan.
Watershed Planning Area. That area considered in a specific watershed plan and adopted as part
of the Plan.
Watershed Plan Model. The hydrologic and hydraulic model meeting the standards of the Plan
and used in developing a watershed plan.
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.
CHAPTER 3. GENERAL PROVISIONS.
9 -3 =1. Scope of Regulation.
:�. This Title shall apply to all development of property within the boundaries of the Village of
Oak Brook, including those under the control of any governmental entity, agency, or
authority.
B. The provisions of this Title shall not apply to:
1. Structures and land uses existing as of the effective date of this Title except when
re- developed; and
2. Proposed developments that are listed on the Official List of Exempt Developments
submitted by each community in accordance with Section 15-79 of the County
Ordinance. All such developments shall meet at least one of the following criteria:
a. Building permits for such development .,sere issued prior to the effective
date of this Title; or
b. Engineering of all stormwater facilities for such development was submitted
to and approved by the Village Engineer prior to the effective date of this
Title; or
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C. Annexation agreements or ordinances or other agreements were recorded or
executed prior to the effective date of this Title which specifically exempt
such development from community codes; or
d. For other developments, contractual agreements executed prior to the
effective date of this Title which specifically exempt such development from
community codes; or
e. Approvals resulting from judicial decrees preclude application of this Title.
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 Title.
C. Nonconforming structures shall not be replaced or enlarged in any manner unless such
replacements or enlargements conform to the requirements of this Title.
9 -3 -2. interpretation.
A. This Title shall be liberally construed to protect the health, welfare, safety, and the
environment of the residents of the Village and to effectuate the purposes of this Title.
B. Nothing contained in this Title 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.
C. When provisions of this Title differ from any other applicable statute, law, ordinance,
regulation, or rule, the more stringent provision shall apply.
D. The provisions of this Title 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 Title.
9 -3 -3. Warning and Disclaimer of Liability.
A. The degree of flood protection provided by this Title is considered reasonable for regulatory
purposes and is based on engineering experience and scientific methods of study.
B. Increased flooding may result from causes beyond the control of the Village of Oak Brook,
DuPage County, or any other community.
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C. This Title does 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.
D. This Title shall not be construed or applied in any manner to create liability on the part of or
a cause of action against the Village of Oak Brook, or any elected official, officer, agent, or
employee thereof, for any flood damage resulting from reliance on the provisions of this
Ordinance or from reading or interpreting any map that is part of this Title.
E. This Title is not intended to reduce or eliminate existing flooding. On the contrary, these
regulations are designed to guide and control development in such a manner so as to lessen
the damaging effects of floods on future developments proposed for the low -lying areas of
the Village and other areas which may be affected by development of areas within the
Village.
F. This Title is remedial, based on historical records and engineering and scientific methods of
study. Its passage does not imply that land affected by this Title will be free from flooding
or flood damage.
CHAPTER 4. ADMINISTRATION.
9-4 -1. Responsibility for Administration.
A. The Corporate Authorities shall determine policy related to and direct the enforcement of
this Title as applicable.
B The Administrator shall have the authority and responsibility for the administration of this
Title. In performing his or her duties, the Administrator may delegate routine
responsibilities to any named designee.
C. The Village of Oak Brook shall remain solely responsible for its standing in the NFIP and
for:
1. Maintaining records and submitting reports required for the NFIP, including
elevation certificates, floodproofing certificates, and lowest floor elevations; and
2. Notifying the Director, FEMA, IDNR -OWR, COE, and the Illinois Environmental
Protection Agency of any proposed amendment to this Title.
9 -4 -2. Duties of Administrator.
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The duties and functions of the Administrator shall include:
A. Ensuring that copies of all applicable required federal, state, and regional permits or County
approvals are received prior to issuing any permits required by this Title; and
B. Verifying the existence of special management areas for each application; and
C. Reviewing and approving certificates and issuing any permits or notices required by this
Title; and
D. 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 variation requested from the provisions of
this Title; and
E. Notifying the Director and all affected persons defined in Section 94-2.1) of this Title of
any applications for CLOMR or LOMR; and
F. Providing for inspections of developments as provided in this Title; and
G. Investigating complaints of violations of this Title; and
H. Notifying any applicant for a variation that granting the variation may result in increased
rates for flood insurance; and
[. Notifying the Director and other jurisdictions of alleged violations of their permit programs;
and
J. Notifying violators within regulatory flood plains that failure to comply with NFIP
provisions could make them ineligible to receive flood insurance; and
K. Initiating any proceeding necessary to enforce this Title; and
L. Encouraging and conducting studies, investigations, and research relating to the physical,
chemical, ecological, engineering, and other aspects of stormwater management; and
�I. Advising, consulting with, and cooperating with other governmental agencies to promote
the purposes of this Title; and
N. Maintaining for public inspection copies of all applications and submittals, federal and state
permit documents, variation documentation, CLOMR, LONiR, CLOMA, LOMA, and all
other documents required pursuant to Chapter 7 of this Title; and
O. Sending copies of any application for a CLOMR, LONIF, CLONiA, or LOMA to the
Director, and
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P. Sending a copy of any petition or request for a variation from the terms of this Title to the
Committee before any such variation is approved by the Corporate Authorities; and
Q Submitting the necessary information to the Director relating to development in order to
maintain County-wide regulatory maps and for supervision of this Title. This includes, but
is not limited to, copies of any Stormwater Management Permits, CLOMR, LOMB,
CLOMA, and LOMA.
R. Maintaining documentation on "cost of improvement" on buildings in the flood plain,
relating to the substantial improvements requirements of this Title.
94 -3. Representative Capacity.
In all cases when any action is taken by the Administrator, or his or her duly appointed designee, to
enforce the provisions of this Title, such action shall be taken in the name of and on behalf of the
Village of Oak Brook, and the Administrator, or his or her designee, in so acting for the Village,
shall not be rendered personally liable.
94-4. Oversight Committee.
A. An Oversight Committee shall be established to hold public hearings to consider and
recommend to the Corporate Authorities petitions for variations.
B The Oversight Committee, when considering variations, may request an opinion from the
Watershed Basin Committee on technical issues.
CHAPTER 5. REQUIREMENTS FOR STORINIWATER AND FLOOD PLAIN
MANAGEMENT.
9 -5 -1. General Information.
A. All developments shall meet the requirements specified for general stormwater and flood
plain development (Section 9 -5 -2), site runoff (Section 9 -5 -3), sediment and erosion control
(Section 9 -5 -6), and performance security (Chapter 9).
B. All developments shall comply with the site runoff storage requirements provided in
Section 9 -54 of this Title in which:
is
1. The parcels being developed total three 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
two dwelling units) or non - residential land uses; or
3. The parcels being developed total one acre or greater for multiple family (more than
two dwelling units) 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
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. 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 through 9-
5-9.
D. All development within special management areas, and substantial improvements within a
flood plain, shall also satisfy the requirements specified in Chapter 6 of this Title.
E. All developers shall submit the documents specified in Chapter 7 of this Title to verify
compliance with these requirements.
F. 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 stormwater facilities
are constructed unless the responsibility is assigned, pursuant to Section 9 -94 of this Title,
to an entity acceptable to the Village of Oak Brook.
9 -5 -2. General Stormwater and Flood Plain Requirements.
The following general stormwater and flood plain requirements shall apply to all development.
A. Development shall not:
1. 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
2. Increase flood elevations or decrease flood conveyance capacity upstream or
downstream of the area under the ownership or control of the developer, nor
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3. 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
4. Violate any provision of this Title either during or after construction; nor
5. Unreasonably or unnecessarily degrade surface or ground water quality.
B. Analysis and design of all stormwater and flood plain facilities required for development
shall:
1. Meet the standards and criteria established in the Plan and, if available, in
Watershed Plans or in Interim Watershed Plans; and
2. Consider the Technical Guidance for the DuPage Countywide Stormwater and
Flood Plain Ordinance for the Plan; and
3. Be consistent with techniques specified in the Watershed Plans or the Interim
Watershed Plans; and
4. Consider existing and ultimate watershed and land use conditions, with and without
the proposed development.
C. Stormwater facilities shall be an initial construction item and will be functional before
building permits are issued for residential and non - residential subdivision.
D Stormwater facilities shall be an initial construction item and will functional where
practicable for single parcel developments before other general construction begins.
E. In areas outside the boundary of the regulatory flood plain, all usable space in new
buildings, or added to existing buildings, shall be elevated, floodproofed, or otherwise
protected to at least two (2') feet above the adjacent base flood elevation to prevent the
entry of surface stormwater. Floodproofing devices shall be operational without human
intervention. If electricity is required for protection against flood damage, there shall be a
backup power source that will activate without human intervention. Floodproofing
measures shall be certified by a professional engineer.
F. All usable space in new buildings or added to existing buildings adjacent to a major
stormwater system, detention facility, or detention facility overflow path shall be elevated,
floodproofed, or otherwise protected to at least two (2') feet above the base flood elevation,
detention high water elevation, or design elevation to prevent the entry of surface
stormwater. The design elevation is the elevation associated with the design rate as
determined in Section 9- 5- 4.H.6. The top of foundation of a building shall be at least two
(2') feet above the base flood elevation, detention high water elevation, or design elevation.
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9 -5 -3. Site Runoff Requirements.
A. Stormwater facilities shall be required and shall be designed so that runoff exits the site at a
point where flows will not damage adjacent property.
B. Stormwater facilities shall be designed to conform with the requirements of Illinois law and
the applicable Sections 9 -5 -8 through 9 -5 -9 of this Title.
C. Minor stormwater systems shall be sized to convey runoff from the tributary watershed
under fully developed conditions by flowing full (not surcharged) for a 10 -year design
storm. Overflow locations shall be provided to safely discharge flows in excess of the 10-
year storm.
D. Major stormwater systems shall be sized to carry the base flood without causing additional
property damage.
E. 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:
1. Antecedent moisture condition = 2; and
2. Huff or SCS Type II rainfall distribution.
F. 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.
G. Major and minor stormwater systems shall be located within easements or rights -of -way
explicitly providing for public access for maintenance of such facilities.
H. Maximum flow depths on any roadway shall not exceed six inches during the base flood
condition.
L Transfers of waters between watersheds shall be prohibited except when such transfers will
not violate the provisions of Section 9 -5 -2.A of this Title.
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.
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K. 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:
1. 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.
2. Vegetated swales shall be utilized, where appropriate, as an alternative to storm
sewers to promote the infiltration of stormwater and the filtration of stormwater
pollutants.
3. Effective impervious surface area should be limited by site designs which minimize
the area of streets, parking lots, and rooftops and/or utilize permeable paving
material such as concrete grids in low traffic area.
4. Other best management practices such as infiltration basins and trenches (where
permeable soils are present) and filtration basins and sand filters (on highly
impervious or industrial developments) shall be utilized where appropriate.
5. The practices and procedures established in the Technical Guidance for the DuPage
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.
L. Developments shall incorporate all best management practices as may be required pursuant
to the United States Clean Water Act, 33 U.S.C. §§ 1251 et M., as amended.
9 -5-4. Site Runoff Storage Requirements (Detention).
A. Maximum site runoff storage requirements shall be consistent with the information,
procedures, and requirements of the applicable Sections 9 -5 -8 through 9 -5 -9 of this Title,
except as limited by the provisions of section 9 -543 of this Title.
B. If no release rate, or a greater release rate than identified below, is specified in the
applicable Sections 9 -5 -8 through 9 -5 -9 of this Ordinance, then sufficient storage shall be
provided such that the probability of the post development release rate exceeding 0.1
efs/acre of development shall be less than one percent (1.0 %) per year. Design runoff
volumes shall be calculated using continuous simulation or event hydrograph methods.
C. 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
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routing option, or TR -55 tabular method. Event methods shall incorporate the following
assumptions:
1. Antecedent moisture condition = 2; and
2. Huff or SCS Type II rainfall distribution; and
3. Twenty four (24) hour duration storm with a one (10/6) percent probability of
occurrence in any one year as specified by Illinois State Water Survey Bulletin 70
northeast sectional rainfall statistics.
D. 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.
E. For sites where the undeveloped release rate is less than the maximum release rate in
Section 9 -5-42 of this Title, the developed release rate and corresponding site runoff'
storage volume shall be based on the existing undeveloped release rate for the development
site.
F. 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.
G Responsibility for long -term maintenance of all storage facilities shall be designated on the
plat of subdivision or other recorded documents.
El. Storage facilities shall be designed and constructed with the following characteristics:
1. Water surface depths two (2') feet above the designed high water elevation will not
damage the storage facility.
2.. The storage facilities shall be accessible and easily maintained.
3. All outlet works shall function without human intervention or outside power and
shall operate with minimum maintenance.
4. Storage facilities shall facilitate sedimentation and catchment of floating material.
5. Storage facilities shall minimize impacts of stormwater runoff on water quality by
incorporating best management practices.
6. Storage facilities shall provide an overflow structure and overflow path that can
safely pass excess flows through the development site. The minimum design rate
shall be 1.0 cfs/acre of area tributary to the storage facility.
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I. Storage facilities located within the regulatory flood plain shall:
1. Conform to all applicable requirements specified in Chapter 6 of this Title; and
2. Store the required site runoff under all streamflow and backwater conditions up to
the base flood elevation; and
3. Not allow design release rates to be exceeded under any stream elevation less than
the base flood elevation.
J. Storage facilities located within the regulatory floodway shall:
1. Meet the requirements for locating storage facilities in the regulatory flood plain;
and
2. Be evaluated by performing hydrologic and hydraulic analysis consistent with the
standards and requirements for Watershed Plans; and
3. Provide a watershed benefit.
K. 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 ofd site flows through the development
while preserving the existing flow and storage of the site.
L. Storage facilities may be located off -site if the following conditions are met:
1. The off -site storage facility meets all of the requirements of this Chapter 5; and
2. Adequate storage capacity in the ofd site facility is dedicated to the development;
and
3. The development includes provisions to convey stormwater to the off -site storage
facility.
Rooftop detention is not allowed.
N. Parking lot detention is allowed provided the maximum depth of water is less than or equal
to twelve (12') inches.
9 -5 -5. Detention Variation Fee Program.
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A. Where a variation to the site runoff storage requirements of Section 9 -5-4 is granted,
payment into the Village of Oak Brook's detention variation fee program shall be made
prior to the issuance of a Stormwater Management Permit as a condition of the variation.
B. Payment shall be at the rate of $133,000 per acre -foot for the varied stormwater storage.
C. Funds collected shall be used to enhance existing site runoff storage facilities and related
components, construct off -site facilities and related components, provide maintenance of
stormwater facilities, or undertake other development that provides a watershed benefir.
D. The Finance Director shall provide accounting on an annual basis of all funds deposited and
expensed.
E. Detention variation fees shall be refunded to the person who paid the fee, or to that person's
successor in interest, whenever the Village fads to encumber the fees collected within 10
years of the date on which such fees are collected. Such refunds shall be made provided
that the person who paid the fee, or that person's successor in interest, files a petition with
the Village within one year from the date on which such fees are required to be refunded.
9 -576. Sediment and Erosion Control Requirements.
A. The following principles shall apply to all development activities within the Village and to
the preparation of the submissions required under Chapter 7 of this Title:
1. Development should be related to the topography and soils of the site to create the
least potential for erosion. Areas of steep slopes w here high cuts and fills may be
required should be avoided wherever possible, and natural contours should be
followed as closely as possible, except as modified by an approved grading plan.
2. Natural vegetation should be retained and protected wherever possible. Areas
immediately adjacent to natural watercourses should be left undisturbed wherever
possible.
3. The smallest practical area of land should be exposed for the shortest practical time
during development.
4. Sediment basins, debris basins, desilting basins, or silt traps or filters shall be
installed and maintained to remove sediment from runoff waters from land
undergoing development.
5. Provisions shall be made to accommodate the increased runoff caused by changed
soil and surface conditions during and after development. Drainageways shall be
designed so that their final gradients and the resultant velocities of discharges will
not create additional erosion.
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6. Permanent vegetation and structures shall be installed ass soon as practical during
development.
B. Sediment and erosion control devices shall be functional before land is otherwise disturbed
on the site.
C. Stockpiles of soil shall not be located in special management areas.
D. If a stockpile is to remain in place for more the three days, then sediment and erosion
control shall be provided for such stockpile.
E. 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.
F. Storm sewer inlets shall be protected with sediment trapping or filter control devices during
construction.
G The surface of stripped areas shall be permanently or temporarily protected from soil
erosion within 15 days after final grade is reached. Stripped areas not at final grade 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.
E 1. Water pumped or otherwise discharged from the site during construction dewatering shall
be filtered.
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 public or private roadways. Any soil reaching a public or private
roadway shall be removed before the end of each workday.
I. All control measures necessary to meet the requirements of this Title shall be kept
operational and maintained continuously throughout the period of land disturbance until
permanent sediment and erosion control measures are operational.
K. If at any stage of work under any Stormwater Management Permit the Village determines
that the nature of the site is such that further work authorized by an existing permit is
likely to imperil any property, public way, watercourse or drainage structure, the Village
may require that reasonable special precautions be taken by the permittee as are
considered advisable to avoid the likelihood of such peril. "Special precautions" may
include, but shall not be limited to, a more level exposed slope, construction of additional
drainage facilities, berms, terracing, compaction, installation of plant materials for
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erosion control, and recommendations of a soil scientist which may be made requirements
for further work.
L. Where storm water damage may result because a land modification under a Stormwater
Management Permit is not complete, the Village may stop the work and the permittee
may be required to install temporary structures or take such other measures as may be
required to protect adjoining property or the public safety. The Village may require that
the operations be conducted in specific stages so as to ensure prompt completion of
protective measures.
9 -5 -7. Standards for Berms
A. Berms shall not be constructed on a public or private right -of -way but shall only be
constructed in the buildable area of a lot or in the yard required by the Zoning Ordinance
adjacent to toll highways, Butterfield Road, Roosevelt Road, 22nd Street, Route 83, Oak
Brook Road (31 t Street), Midwest Road, Meyers Road, and York Road. In all other
locations, berms may be permitted pursuant to the variation procedures set forth in
Chapter 12 of this Title 9. Notwithstanding these restrictions, berms may be constructed
in areas necessary to comply with the provisions of the Zoning Ordinance regarding
parking lot screening and in areas for approved flood control.
B. Side slopes of berms shall not exceed a maximum of three horizontal to one vertical (3:1)
on the street side of the berm and at either end of the berm.
C. Berms shall not exceed six (6') feet in height as measured from the closest edge of
adjacent right -of -way pavement, or ten (10') feet in height above natural ground level,
whichever is less.
D No berms shall be permitted that have an adverse impact upon drainage or traffic sight
lines.
9 -5 -8. Reserved for Special Requirements in the Salt Creek Watershed.
9 -5 -9. Reserved for Special Requirements in the East Branch DuPage River Watershed.
CHAPTER 6. SPECIAL NIANAGENIENT AREAS.
9 -6 -1. Special Management Areas.
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A. Special management areas include regulatory flood plains, wetlands, and riparian
environments. Requirements for determining regulatory flood plains are specified in
Section 9-6-2 of this Ordinance. Requirements for delineating wetlands are specified in
Section 9-64 of this Ordinance. Requirements for determining riparian environments are
specified in Section 9-6-7 of this Ordinance.
B. Any development in the regulatory flood plain shall comply with the requirements of
Section 9 -6 -3 of this Ordinance in addition to the requirements of Chapter 5 of this Title.
C. Any development in wetlands shall comply with the requirements of Section 9-6-5 of this
Title in addition to the requirements of Chapter 5 of this Title.
D. All developers shall submit the documents specified in Chapter 7 of this Title to verify
compliance with the requirements of this Title.
E. All developers shall grant 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.
9 -6 -2. Requirements for Regulatory Flood Plain and Regulatory Floodway Determination.
A. Any developer proposing development shall identify the boundaries and elevation of the
regulatory flood plain and the boundaries of the regulatory floodway.
B 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:
1. Flood plain studies in the Watershed Plans.
2. Flood plain studies prepared as part of Interim Watershed Plans.
3. IDNR -OWR studies adopted as State Regulatory Maps.
4. Flood Insurance Studies, Flood insurance Rate Maps, and Flood Boundary and
Floodway Maps published by FEMA.
5. Project specific flood plain studies that meet the standards established in the Plan
and approved by the Director.
C. The Administrator may require the applicant to perform a project specific flood plain study
when no other regulatory flood plain has been established as provided in Section 15 -132.2
of this Title. If the drainage area is one square mile or greater, the study shall also require
approval from IDNR -OWR or their designee.
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D. Any development located within the regulatory flood plain may require approval from
IDNR -OWR, or its designee, or FEMA or both.
E. The regulatory floodway shall be as designated by IDNR -OWR or its designee. If a
floodway is not designated, then the regulatory floodway shall be deemed to be the
regulatory flood plain.
F. The regulatory floodway may be redesignated by a project specific flood plain study and
shall require approval from the Department and IDNR -O WR or its designee, and a CLOMR
or LOMB from FEMA. '
G. In the event a conflict arises between the information depicted by the flood plairl maps and
profiles, and in the absence of any overriding information to the contrary, the data
prescribed by the profiles will govern.
9 -6 -3. Requirements for Development within the Regulatory Flood Plain.
A. 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.
B. Temporary or permanent storage of the following are prohibited unless elevated or
floodproofed to two (2') feet above the base flood elevation:
I . Items susceptible to flood damage; or
2. Unsecured buoyant materials or materials that may cause off site damage including
bully materials, flammable liquids, chemicals, explosives, pollutants, or other
hazardous materials; or
3. Landscape wastes.
C. All usable space in new buildings in the flood plain, added to existing buildings in the flood
plain, or in existing buildings in the flood plain undergoing substantial improvement shall
be elevated to at least two (2') feet above the base flood elevations.
D. In areas outside the regulatory floodway but within the flood plain, maximum flow depths
on new parking lots shall not exceed one (1) 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.
E. New structures other than buildings shall either be elevated to at least two (2') feet above
the -base flood elevation or designed for protection against physical flood damages.
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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.
F. Manufactured homes and construction trailers are prohibited in areas within the regulatory
flood plain.
G. 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.
H. Existing structures may be floodproofed. Floodproofing devices shall meet the
requirements for development in the flood plain and be operational without human
intervention. 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. Compensatory storage is not required for floodproofing of existing buildings for
flood plain volume displaced by the building and within the area of 10 feet adjacent to the
building.
[. 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
till, 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.
1. A copy of an application for a CLUNK CLONIA, LUAA. or LOviR including all the
required information, calculations, and documents shall be submitted to the Department
concurrent with the application to FEMA or DWR or its designee.
K. 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 CLONtR is issued by
FEMA.
L. If a LOMR is required by FENIA, no building construction shall take place until the LONIR
is received.
M. Any fill required to elevate a building must extend at least ten (10') feet beyond the
foundation before the grade slopes below the base flood elevation.
N. When a structure is elevated by some means other than filling in the regulatory flood plain:
27
1. The useable space of any building and all electrical, heating, ventilating, plumbing,
and air conditioning equipment shall be located at least two (2') feet above the base
flood elevation; and
2. Elevation can be accomplished using stilts, piles, walls, or other foundations. Areas
below the lowest floor that are subject to flooding shall be designed so that
hydrostatic forces on exterior walls are automatically equalized by allowing for the
entry and exit of floodwaters and shall be anchored and 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, signed, and sealed by a structural engineer or
architect and meet or exceed the following minimum criteria:
a. 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
b. The bottom of all openings shall be no higher than one foot above grade; and
C. 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
3. All materials and structures less than two (2') feet above the base flood elevation
shall be resistant to flood damage.
U Existing flood storage that is lost due to channel modification shall require compensatory
storage.
P. 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.
Q The release rate from new or modified storm sewer outfalls shall meet the requirements of
Section 9 -54.B of this Title or demonstrate compliance with Section 9 -5 -2.
R. On -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
S. Sanitary sewer systems and water distribution systems shall be designed to minimize or
eliminate infiltration or inflow of flood waters and discharge of sewage.
T. Hydrologic and hydraulic impacts of developments located in the regulatory floodway shall
be evaluated using the applicable regulatory- model and confirmed using Watershed Plan
28
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.
U. Any proposed development in the regulatory floodway shall evaluate the hydrologic and
hydraulic impacts for existing and any future planned watershed conditions.
V. In the regulatory floodway portion of the regulatory flood plain, all of the requirements of
this Section 9-6-3 shall apply to any proposed development, and only the following
appropriate uses shall be considered for permits:
1. Bridges, culverts, and associated roadways, sidewalks, railways, necessary for
crossing over the floodway or for providing access to other appropriate uses in the
floodway and any modification thereto; and
2. At or below grade trail systems; and
3. Regulatory floodway regrading, without fill, to create a positive slope toward a
watercourse; and
4. Floodproofing activities to protect existing structures; and
5. Stormwater facilities relating to the control of drainage or flooding; and
6. Above - and below- ground utilities and sanitary and storm sewer outfalls; and
7. The storage and conveyance of floodwaters; and
8. Erosion control structures and water quality and habitat structures; and
9. Recreational boating and commercial shipping facilities.
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:
I. Water will expand no faster than one foot horizontal for every four feet of flooded
stream length.
2. Water will contract no faster than one foot horizontal for every one foot of flooded
stream length.
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3. Water will not expand or contract faster than one foot vertical for every 10 feet of
flooded stream length.
9 -64. Requirements for Wetland Delineation.
.� 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 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 Title.
B. 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:
1. 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 2. below.
2. Wetlands identified in Watershed Plans. If such plans are not available, use
Paragraph 3. below.
3. Wetlands identified in Interim Watershed Plans. If such plans are not available, use
Paragraph 4. below.
4. Wetlands identified in the Soil Conservation Service Wetlands Inventory Maps.
C. 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:
1. The wetland is identified as a critical wetland in the County's wetland inventory; or
2. The wetland is known to possess a Federal or State listed threatened or endangered
species using the 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
30
3. 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
4. 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
5. 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 9 -54.0 or Section 9- 54.1), the loss of wetland
storage causes adverse offsite impacts that cannot be mitigated in accordance with
Section 9 -5 -3 and Section 9-6-3. If both methods are performed, the methods
described in Section 9 -54 shall prevail as the determining value; or
6. The existing release rate from the wetland is 0.1 cfs/acre or less as determined using
the method described in Section 9- 5-4.C.
D All other wetlands not meeting one or more of the critical wetland criteria shall be assigned
a regulatory wetland status. The final determination of wetland status shall be made by the
Administrator, based upon a review of submitted information and when necessary, upon
consultation with outside wetland authorities.
9 -6 -5. Requirements for Development Affecting the Function and Values of Wetlands.
A. Development within or affecting critical wetlands shall be prohibited, unless documentation
is submitted that 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 Administrator 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.
B. 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 Administrator will make a determination as to whether the
proposed wetland modifications will be permitted.
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C. Development 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 9 -6 -5.
D. 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 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 Administrator may require a greater
compensation ratio where special wetland functions are threatened.
E. Mitigation for storage lost within wetlands shall be provided in accordance with Section 9-
5-2 and Subsection 9 -5-4.E of this Title.
F. 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 9-6-5 and Section 9-6-6, 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 Watershed, and the Sawmill Creek
Watershed.
cf. 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.
E { Mitigation of impacts within or affecting critical and regulatory wetlands shall include
design, construction, and continued maintenance of the mitigation measures. See Section 9-
10-2 of this Title.
(. The Administrator, 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 compensate for unavoidable
wetland loss shall not be allowed to fall below a one to one (1:1) ratio.
1. Development m or affecting a wetland environment shall be initiated only after a mitigation
plan has been approved and adequate securities are provided as specified in Chapter 9 of
this Title.
K. 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.
L. The Administrator shall require that the developer or owner provide the Village with
periodic monitoring reports on the status of the constructed mitigation measures, and further
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may require the developer or owner to undertake remedial action to bring the area into
compliance with the mitigation plan.
Ni. 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 wedand
disturbed was a critical wetland requiring mitigation at a minimum rate of three to one (3:1).
N. To the extent practicable, development within 50 feet of a wetland shall not, without
mitigation:
1. Adversely change the quantity, quality, or temporal and areal distribution of flows
entering any adjacent wetlands or waters; nor
2. Destroy or damage vegetation that stabilizes wetland fringe areas or provides
overland flow filtration to wetlands; nor
3. Adversely affect any ground water infiltration functions.
9 -6 -6. Wetland Banking.
A. In cases when the Administrator 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 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.
B. 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.
C. Wetland banking for development impacts within a critical or regulatory wetland shall take
place within an established wetland banking program approved by the County and located
in the closest established wetland banking program in the same watershed planning area as
the affected wetland, and shall:
1. Include a wetland enhancement, restoration, and construction plan approved by the
County; and
2. include a capital improvements plan containing an estimate of the total per acre cost
of wetland mitigation, including operation and maintenance costs; and
3. Include a formula to determine that any investment in a wetland bank shall be at
least equal to the cost of planning, acquiring of lands, constructing, operating, and
maintaining mitigated wetlands of equivalent or greater functional value than those
lost to development.
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D. 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 the
watershed planning area is permitted provided the following conditions are met:
1. 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.
2. 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.
E. 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
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 meeting the
requirements in Section 9-6-5, if that particular wetland banking project is not constructed
within 10 years after the date on which such funds were deposited.
9 -6 -7. Riparian Environments Requirements.
A. Riparian environments serve the following functions:
1. Reduces flood flow rates, velocities, and volumes.
2. Prevents erosion and promotes bank stability of streams, lakes, ponds, or wetland
shorelines.
3. Controls sediment from upland areas thus reducing the impact of urbanization on
steam habitat and water quality by filtering and assimilating nutrients discharged
from surrounding uplands.
4. Insulates and moderates daily and seasonal stream temperature fluctuations by
maintaining cooler instream temperatures for areas with overhanging vegetation.
5. Serves as important sites for denitrification, which reduces development of algal
blooms and subsequent depressed levels of dissolved oxygen instream.
6. Proves an effective mechanism for treatment of contaminated surface runoff.
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7. Provides habitat corridors for both aquatic and terrestrial fauna and flora.
8. Provides recreational and aesthetically pleasing amenities for human use.
B. 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:
1. Riparian environments identified in Watershed Plans. If such plans are not
available, use Paragraph 2. below.
2. Riparian environments identified in Interim Watershed Plans. If such plans are not
available, use Paragraph 3. below.
3. Vegetative areas along waterways within the limits of the regulatory flood plain.
C. Tree - cutting and vegetation removal shall be minimized within riparian environments, and
re- vegetation of disturbed areas shall take place as soon as possible.
D. Development in a riparian environment shall be initiated only in accordance with the
requirements of this Section 9-6-7 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.
E. To the extent practicable, development in a riparian environment shall not, without
mitigation:
1. Adversely change the quantity, quality, or temporal and areal distribution of flows
entering any adjacent critical wetlands or waters; nor
2. Destroy or damage vegetation that overhangs, stabilizes, provides overland flow
filtration, or shades stream channels, wetlands, or impoundments that normally
contain water; nor
3. Adversely affect any ground water infiltration functions.
F. The length of any mitigated channel shall be equal to or greater than the length of the
disturbed channel.
G. Mitigation in riparian environments shall be in accordance with the procedures specified in
the Plan.
H. Mitigation measures in riparian environments shall include required provisions for long-
term maintenance.
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CHAPTER 7. STORNIWATER MANAGEMENT PERMITS.
9 -7 -1. General Requirements.
A. Any person proposing a development shall obtain a Stormwater Management Permit prior
to development, as provided in Section 9 -7 -2 of this Title.
B. All Stormwater Management Permit fees shall be paid at the time of permit issuance. See
Section 9 -7 -8.
C. 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 Title.
D. Any structure subject to a differential water pressure head of greater than three (3') feet
shall be prepared, signed, and sealed by a structural engineer.
E. 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 Village of Oak
Brook benchmark system (The Village's benchmark system is tied to the DuPage County
Survey Control Network (National Geodetic Vertical Datum, 1929 adjustment)).
F. Any proposed development shall secure all appropriate stormwater management related
approvals, including without limitation a IDNR -OWR Dam Safety permit if required, and
other appropriate federal, state, and regional approvals prior to the issuance of a Stormwater
Management Permit.
G. 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 IDNR -OWR
or its designee prior to issuance of a Stormwater Management Permit.
H. Within the regulatory floodway, the following calculations or analyses shall be submitted to
and approved by IDNR -OWR or its designee prior to the issuance of a Stormwater
Management Permit:
1. Flood damage analyses for the replacement or modification of existing bridges or
culverts; and
2. Hydraulic analyses of new, modified, or replacement bridges or culverts; and
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3. Analyses of alternative transition sections as required in Section 9-&3.W of this
Title; and
4. Analyses of hydrologically and hydraulically equivalent compensatory storage.
[. Any and all proposed development not in a special management area shall be reviewed
under the supervision of a professional engineer with at least two years experience in
stormwater and flood plain management.
J. Any and all proposed development within the regulatory flood plain shall be reviewed under
the supervision of a professional engineer with at least two years experience in stormwater
and flood plain management and two years experience in the application of continuous
hydrology and fully dynamic hydraulic models and, in the case of floodway development,
certified by that professional engineer that the proposed development meets the minimum
requirements of this Title.
K. Any and all proposed development in or near a wetland shall be reviewed under the
supervision of an environmental scientist who has attended at least one course in wetland
delineation approved by the Department and certified by that environmental scientist that
the proposed development meets the minimum requirements of this Title.
L. Work for which a Stormwater Management Permit has been issued shall continence and
continue in accordance with the approved schedule.
N1. If the work for which a Stormwater Management Permit has been issued is not commenced
within ninety (90) days after its issuance or within such other period of time as stated within
the approve schedule, the permit shall automatically be terminated, the fee forfeited, and the
performance security returned. Applicants for such terminated permits may reapply and
such an application will be treated as a new application.
9 -7 -2. Applicability; Required Submittals.
A. A Stormwater Management Permit shall be required if
1. The development involves one or more special management areas; or
2. The development involves a substantial improvement in the regulatory flood plain;
or
3. The development involves excavations or fills of more than 16 cubic yards; or
4. The development disturbs more than 2,500 square feet of ground cover, unless the
development solely involves one or more of the following:
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a. Cultivation, conservation measures, or gardening; or
b. Installation, renovation, or replacement of a septic system, potable water
service line, or other utility to serve an existing structure; or
C. Excavation or removal of vegetation in rights -of -way or public utility
easements for the purpose of installing or maintaining utilities; or
d. Maintenance, repair, or at -grade replacement of existing lawn areas not
otherwise requiring a stormwater permit under this Title; or
B. In addition to the application requirements provided in Sections 9 -7 -1 and 9 -7 -3 of this
Title, the following submittals shall be required:
1. The Stormwater Submittal provided in Section 9 -7-4 of this Title shall be required
for all development requiring a stormwater permit.
2. The Flood Plain Submittal provided in Section 9 -7 -5 of this Title shall be required
for all development proposed within any regulatory flood plain designated in
Section 9-6-2 of this Title.
3. The Wetland Submittal provided in Section 9 -7 -6 of this Title shall be required for
any development proposed within a wetland designated in Section 9-6-4 of this
Title.
9 -7 -3. Stormwater Management Permit Application.
An applicant shall apply to the Village on a form furnished for that purpose and shall submit the
application to the Director of Community Development. The Stormwater Management Permit
application shall include all of the following:
A. The name and legal address of the applicant and of the owner of the land; and
B. The common address and legal description of the site where the development will take
place; and
C. A general narrative description of the development, including submittals required pursuant
to Section 9 -7 -2.B of this Title; and
D Affidavits signed by the land owner and the developer attesting to their understanding of the
requirements of this Title and their intent to comply therewith; and
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E. 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
F. Copies of other permits or permit applications as required; and
G. A stormwater submittal; and
H. A flood plain submittal, if development is proposed in a flood plain; and
1. A wetland submittal, if development is proposed in a wetland; and
J. A riparian environment submittal, if development is proposed in a riparian environment;
and
K. An engineer's estimate of probable construction cost of the stormwater facilities.
9 -74. Stormwater Submittal.
A. The stormwater submittal shall include:
1. A site stormwater plan; and
2. Site runoff calculations; and
3. Site runoff storage (detention) calculations if site runoff storage is required per
Section 9- 5 -1.B; and
4. Information describing ofd site conditions; and
5. A sediment and erosion control plan; and
6. Description on how best management practices are incorporated in the development.
B. The site stormwater plan shall include:
1. A site topographic map (grading plan), including boundary lines, 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 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
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2. 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:
a. Boundaries for watersheds tributary to all significant stormwater facilities
(i.e., channels, bridges, inlets, and the like), along with the location of such
facilities; and
b. Major and minor stormwater systems (i.e., stormwater pipes, culverts, inlets,
overland flow routes, and storage and infiltration facilities, and flooding
limits under base flood conditions for the major stormwater system); and
C. Roadways, structures, parking lots, driveways, sidewalks, and other
impervious surfaces; and
d. The nearest base flood elevations; and
3. Design details for all proposed stormwater facilities (i.e., major and minor
stormwater systems, storage basins, outlet works, and the like); and
4. A scheduled maintenance program for the stormwater facilities, including:
a. Planned maintenance tasks. These shall include, but are not limited to:
(1) Inspection and preventive maintenance; and
(2) Facility repair, and
(3) Recordkeeping; and
b. Identification of the person or persons responsible - for performing the
maintenance tasks as required by Section 9 -9-4 of this Title; and
C. The permanent easements containing the facilities and the permanent public
access easements; and
d. Recordable documents meeting the requirements of Section 9 -9-4 of this
Title; and
5. A schedule of implementation of the site stormwater plan; and
6. A plan view drawing of all existing and proposed utilities with complete elevation
data for their structures; and
7. Soil borings, if deemed necessary by the Administrator; and
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8. A written commitment from the applicant that upon completion of development,
record drawings of the site stormwater plan shall be submitted to the Administrator.
Such drawings shall be prepared, signed, and sealed by a land surveyor or
professional engineer and shall include an "as- built" topography of any
compensatory and site runoff storage areas, calculations, if deemed necessary by the
Admu istrator, showing the "as- built" volume of compensatory and site - runoff
storage areas, "as- built" topography of the entire site, and "as- built" dimensions and
rim and invert elevations of all pipes and structures.
C. The site runoff calculations shall include:
1. 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
2. Documentation identifying the procedures, assumptions, and data used to calculate
hydrologic and hydraulic conditions for sizing both major and minor stormwater
systems.
D. The site runoff storage ( detention) calculations shall include:
1. 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
2. Elevation - area - storage and elevation- discharge data for storage systems.
E. Information describing the ofd site conditions shall include sufficient information to allow
evaluation of off-site impacts to and resulting from the proposed development. Such
information shall include:
1. 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
2. A plan view drawing of existing and proposed stormwater facilities, at the same
scale as the vicinity topographic map, including:
a. Watershed boundaries for areas draining through or from the development;
and
b. The location of the development within the watershed planning area; and
C. Soil types, vegetation, and land cover conditions affecting runoff upstream
of the development site for any area draining through or to the site.
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F. The sediment and erosion control plan shall conform with the requirements of Section 9 -5-6
of this Title. The sediment and erosion control plan shall include:
1. A plan and schedule for construction, including site clearing and grading, placement
and maintenance of soil stabilization controls, and sediment trapping facilities; and
2. 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
3. Plan view drawings of existing and proposed site conditions, at the same scale as the
site stormwater plan, including:
a. Existing contours with drainage patterns and watershed boundaries; and
b. Soil types, vegetation, and land cover conditions; and
C. Limits of clearing and grading plans; and
d. Final contours with locations of drainageways and sediment and erosion
control measures; and
4. Design details for proposed sediment and erosion control facilities; and
5. A copy of the written opinion, when applicable, of the Soil and Water Conservation
District required under 70 ILCS 405/22.02 (1992); and
6. 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.
G. Information describing how best management practices are incorporated into the site design.
Such information shall include:
1. 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 calculation; and
2. A description of the maintenance requirements.
9 -7 -5. Flood Plain Submittal.
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The flood plain submittal shall include:
A. A delineation of the pre - and post - development regulatory flood plain consistent with the
requirements of Section 9-6 -2 of this Ordinance; and
B. Calculations necessary for meeting the requirements of Sections 9 -6 -2 and 9-6 -3 of this
Title; and
C. Topographic survey drawings of all structures, existing and proposed, 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.
D. Topographic survey drawings, at the same scale as the site topographic map, showing the
following:
1. The location of streams and other watercourses, their normal channels, the extent of
their flood plains at the established high water elevations, and the limits of the
floodway, all properly identified.
2. The normal shoreline of all watercourses, their flood plains and lines of inflow and
outflow, if any.
3. The location of farm and/or field drains and their inlets and outlets.
4. Culverts, storm and sanitary sewers, and sewer inlets and outfalls.
5. Septic systems and outlets, if any.
6. Size and elevation of sewer and drain outlets into the stream channel or basin.
9 -7 -6. Wetland Submittal
The wetland submittal shall include:
A. A delineation of the wetlands consistent with the requirements for wetland delineation
provided in Section 9 -64 of this Title; and
B. A characterization of the wetlands as either critical or regulatory; and
C. A mitigation plan meeting the requirements of Section 9 -6 -5 of this Title; and
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D. 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.
9 -7 -7. Riparian Environment Submittal.
The riparian environment submittal shall include:
A. An inventory of the functions of the riparian environments consistent with the requirements
for riparian environments delineation provided in Section 9 -6 -7.B of this Title; and
B. A mitigation plan meeting the requirements of Section 9 -6 -7 of this Title; and
C. A plan for continued management, operation, and maintenance of the mitigation measures,
including designation of the person or persons responsible for long -term operational
management and dedicated funding sources.
9 -7 -8. Permit Fees.
Sturmwater Management Permits shall be subject to the following plan review and inspection fees
prior to the issuance of said permit:
A.
9
C.
FRI
Plan Review: Actual hours of review multiplied by thirty-five dollars ($35.00) per hour.
Minimum fee: Thirty -five dollars ($35.00).
Inspection:
Estimated Cost of Construction
Fees
Less than $2,000.00
$60.00
$2,000.01 - $5,000.00
3.0 percent*
$5,000.01 - $20,000.00
2.5 percent*
$20,000.01 - $50,000.00
2.0 percent*
$50,000.01 and over
1.5 percent*
* Based upon estimated cost of construction.
Said fees shall serve as reimbursement to the Village for sere ices rendered.
Notwithstanding the above, no plan review or inspection fee shall be required under this
Section for:
1. Any municipal corporation; or
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2. Any homeowners' association organized as a not - for - profit corporation; or
3. Any public utility whose franchise agreement states otherwise; or
4. Any telecommunications retailer that is paying a telecommunications infrastructure
maintenance fee.
9 -7 -9. Duration and Revision to Permits
A. Permits shall state their expiration date which shall be three years or less from the issuance
date.
B. 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 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 Tide.
C. If, after permit issuance, the permittee decides to revise the approved plans, the permittee
shall submit revised plans to the Administrator along with a written request for approval. If
the Administrator determines that the revised plans are in compliance with the then current
requirements of this Title, an approval of the revised plans will be issued.
CHAPTER 8. PROHIBITED ACTS.
9 -8 -1. Prohibited Acts.
A. It shall be unlawful for any person to undertake any development within the Village without
first securing a Stormwater Management Permit as required by this Title.
B. It shall be unlawful for any person to violate, disobey, omit, neglect, or refuse to comply
with, or to resist enforcement of, any provision of this Title or any condition of a
Stormwater Management Permit required by this Title.
9 -8 -2. Prosecution of Violations.
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Included in the dedication shall be a plan for continued management, operation, and maintenance of
the storage areas and stormwater facilities, including designation of the person or persons
responsible for long term operational management and dedicated funding sources.
A. If title to the land underlying site runoff storage areas and/or stormwater facilities is
conveyed by plat to each of the lots in a subdivision, then:
1. A covenant detailing the rights and responsibilities shall be provided on the face of
the plat; and
2. Subdivision property owners shall establish a property owner's association to
provide for the ownership and maintenance of site runoff storage areas and/or
stormwater facilities. The association shall be duly incorporated and the property
owners' association covenants shall be in a form as approved by the Village and
shall be recorded for all the lots in that subdivision; and
3. The proposed property owner's association covenants shall provide for the long-
term maintenance of site runoff storage areas and/or stormwater facilities and shall
establish:
a. Title to the site runoff storage areas and/or stormwater facilities to assure
that each lot owner is responsible for a share of the cost of maintenance; and
b. 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
tares; and
C. Methods of perpetual maintenance, repair and replacement to assure that the
standards of the Plan and Section 9 -74 of this Title for the site runoff
storage areas and/or stormwater facilities are met. Maintenance methods
shall be approved by the Administrator.
d. The Village shall have the right, but not the obligation, to enter upon the
property upon thirty (30) days written notice to perform such maintenance
on the site runoff storage areas and/or stormwater facilities in the event that
the property owner's association fails to do so and the association shall
reimburse the Village for any and all expenses the Village incurs.
B. If title to the land underlying site runoff storage areas and/or stormwater facilities is
conveyed by the plat to a public entity, then:
1. The face of the plat shall provide that an easement for public access for construction
and maintenance purposes is reserved to the public entity; and
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2. The public entity shall accept the dedication of the site runoff storage areas and/or
stormwater facilities and provide for their perpetual maintenance, including capital
expenses for repair and replacement.
C. If title to the land underlying the site runoff storage areas and/or stormwater facilities is
conveyed by a recordable document to each of the lots in a development not requiring a
subdivision, then:
1. The development property owners shall establish a property owner's association to
provide for the ownership and maintenance of the site runoff storage areas and
stormwater facilities. The association shall be duly incorporated and the property
owner's association covenants shall be in a form as approved by the Village and
shall be recorded for all the lots in that development; and
2. The proposed property owner's association covenants shall provide for the long-
term maintenance of site runoff storage areas and/or stormwater facilities and shall
establish:
a. Title to the site runoff storage areas and/or stormwater facilities to assure
that each lot owner is responsible for a share of the cost of maintenance; and
b. Payment of real estate property taxes for such areas to assure that site runoff
storage areas and/or stormwater facilities are not sold to satisfy delinquent
taxes; and
C. Methods of perpetual maintenance, to assure that the standards of the Plan
and Section 9 -74 of this Title for the site runoff storage areas and/or
stormwater facilities are met. Maintenance methods shall be approved by
the Administrator.
d. The Village shall have the right, but not the obligation, to enter upon the
property upon thirty (30) days written notice to perform such maintenance
on the site runoff storage areas and/or stormwater facilities in the event that
the property owner's association fails to do so and the association shall
reimburse the Village for any and all expenses the Village incurs.
D. If title to the land underlying site runoff storage areas and/or stormwater facilities is
conveyed to an entity approved by the Administrator, then all applicable requirements of
Sections 9 -94.A through 9 -94.0 shall apply and be met.
CHAPTER 10. ENFORCEMENT AND PENALTIES.
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9 -10 -1. Inspection and Maintenance Authority.
A. Pursuant to the authority granted by 65 ILCS 5111-111.1-1 (2000), the Village may, after
not less than ten (10) days written notice to the owner or occupant, enter upon any lands or
waters within the Village for the purpose of inspecting or maintaining stormwater facilities
or causing the removal of any obstruction to an affected watercourse.
B. 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:
1. State the method by which the stormwater facility will be cleaned or maintained;
and
2. State the date upon which the proposed work will begin; and
3. Inform the property owner that the property owner may appeal the commencement
date of the proposed maintenance work.
9 -10 -2. Required Inspections.
A. Any development constructed pursuant to a Stormwater Management Permit shall be
subject to periodic inspections by the Administrator to ensure conformity with permit
provisions and conditions.
B Unless otherwise provided by a valid and enforceable intergovernmental agreement, the
Administrator shall inspect and monitor the construction and maintenance of mitigation
measures prepared pursuant to Section 15 -135 of the County Ordinance for all mitigated
wetlands authorized by a Stormwater Management Permit.
9 -10 -3. Notice of Violations.
Whenever the Administrator determines that a default or violation has occurred in the performance
of any term or condition of a permit or of any provision of this Title, written notice thereof shall be
given to the permittee or his agent engaged in the work. Such notice shall contain a statement of
the default or violation, state the work to be done to cure the default or violation, the period of time
deemed by the Village to be necessary for the completion of such work (such time shall not be less
than ten (10) days unless the,, default or violation is deemed by the Administrator to be an
emergency in which case the work shall be accomplished immediately), that the permit will be
revoked if the permittee fails to perform, and that the performance security will be forfeited if the
permit is revoked. Such notice shall be given either by personal delivery thereof to the permittee or
his agent engaged in the work, by certified or registered United States mail addressed to the person
to be notified, or by telefax -and regular mail. Thereafter, the permittee shall, within the time therein
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E. If at any time the Administrator determines that the institution issuing the letter of credit is
without capital resources of at least $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 Administrator otherwise reasonably deems the institution to be insecure, then the
Administrator shall have the right to demand that the developer provide a replacement letter
of credit from an institution satisfactory to the Administrator. Such replacement letter of
credit shall be deposited with the Administrator not later than ten (10) days following such
demand. Upon such deposit, the Administrator shall surrender the original letter of credit to
the developer.
F. If the developer fails or refuses to meet fully any of its obligations under this Title, or a
Subdivision Improvement Agreement and the Subdivision Regulations in the case of a
subdivision, or an Improvement Plan Agreement and the Subdivision Regulations in the
case of development in an ORA3 zoning district, then 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
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
Village from the proceeds of the letter of credit for all of the Village's 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 Title. If the funds
remaining in the letter of credit are insufficient to repay fully the Village 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 Administrator therefor, immediately deposit with the
Administrator such additional funds as the Administrator determines are necessary to fully
repay such costs and expenses and to establish such cash reserve.
9 -9-4. Long-Tenn Maintenance.
Site runoff storage (detention) areas, and stormw-ater facilities not located in dedicated rights-
of-way, shall be:
A. Granted or dedicated to and accepted by a public entity; or
B. Conveyed by a recordable document as undivided equal interests, the ownership interests of
which are allocated to each lot in a development not requiring a subdivision; or
C Conveyed by plat as undivided equal interests, the ownership interests of which are
allocated to each lot in a subdivision; or
D. Conveyed by plat as undivided equal interests to dedicated entities approved by the
Administrator.
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C. Each letter of credit shall, at a minimum, provide that:
1. It shall not be canceled without the prior written consent of the Administrator, and
2. It shall not require the consent of the developer prior to any draw on it by the
Administrator, and
3. The letter of credit provider shall provide not less that forty-five (45) days written
notice prior to the expiration of the letter of credit to the Administrator.
Notwithstanding the expiration date stated on the letter of credit, the letter of credit
shall not expire without said forty-five (45) day written notice; and
4. 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 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 Village for any and
all costs and expenses, including legal fees and administrative costs, incurred by the
Village, as the Administrator shall determine; and
5. Acknowledgement before a notary public; and
6. Penal sum in accordance with Section 9- 9 -2.A; and
7. Expiration date; and
8. Description of stormwater facilities and/or sediment and erosion control measures to
be constructed; and
9. For the record drawings and engineering and surveying services; and
10. For repairs and corrections which may be required due to failures or faulty
construction.
D. If at any time the Administrator determines that the funds remaining in the letter of credit
are not, or may not be, sufficient to pay in full the remaining unpaid cost of all stormwater
facility construction, land improvements, sediment and erosion control measures, record
drawings, or engineering and surveying services, then, within ten (10) days following a
demand by the Administrator, the developer shall increase the amount of the letter of credit
to an amount determined by the Administrator to be sufficient to pay such unpaid costs.
Failure to so increase the amount of the security shall be grounds for the Administrator to
draw down the entire remaining balance of the letter of credit.
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After establishment of permanent sediment and erosion control measures, removal of all
sediment from stormwater facilities, and final inspection and approval by the Administrator,
100 percent (100 %) of the sediment and erosion control portion of the security may be
released.
E. In the case of development resulting from the construction of a single - family dwelling on a
single parcel, the applicant shall file a five thousand dollar ($5,000.00) cash development
security with the Village if the parcel is less than 43,560 square feet in area, or a ten
thousand dollar ($10,000) cash development security with the Village if the parcel is equal
to or greater than 43,560 square feet in area for the following:
1. To construct any stormwater facilities required by the Stormwater Management
Permit; and
2. To grade the land as required by the Stormwater Management Permit; and
3. To install and maintain any temporary sediment and erosion control measures
required by the Stormwater Management Permit; and
4. To install and maintain until acceptance by the Village any permanent sediment and
erosion control measures required by the Stormwater titanagement Permit; and
5. To provide the necessary record drawings; and
6. To provide the necessary engineering and surveying services that are required for
the above items 1. — 5.
Said cash development security is in lieu of the security required in Section 9- 9- 2.A.2.
9 -9 -3. Letters of Credit.
A. Letters of credit posted pursuant to Sections 9 -9 -1 and 9 -9 -2 of this Title shall be in a form
satisfactory to the Administrator.
B. Each letter of credit shall be from an institution:
1. Acceptable to the Administrator; and
2. Having capital resources of at least ten million dollars ($10,000,000), or such other
amount acceptable to the Administrator; and
3. With an office in the Chicago Metropolitan Area; and
4. insured by the Federal Deposit Insurance Corporation.
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C. Installation and maintenance until
permanent sediment and erosion
Stormwater Management Permit; and
acceptance by the Village of any
control measures required by the
d. Providing the necessary record drawings; and
e. Providing the necessary engineering and surveying services that are required
for the above items a. — d.,
which estimated probable cost shall be agreed upon by the developer and the
Administrator, and
3. A statement signed by the applicant granting 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 to prepare
the necessary record drawings; and
4. A statement signed by the applicant that the applicant shall indemnify the Village
for any additional costs incurred attributable to concurrent activities of or conflicts
between the applicant's contractor and the Village's remedial contractor at the site.
B. The security required by this Section 9 -9 -2 shall be maintained and renewed by the
applicant, and shall be held in escrow by the Administrator until the conditions set forth in
this Section 9 -9 -2 or other applicable provision are satisfied.
C. Upon completion of major portions of the improvements, as determined by the
Administrator, the Administrator may reduce the amount of that portion of the security
covering such improvements completed, but such reduction shall not be more than an
amount equal to 85 percent (85 %) of their portion of the security.
D. After approval of record drawings and a final inspection by the Administrator determines
that all work has been completed, not more than 85 percent (85 %) of the security provided
for in this Section 9 -9 -2 or other applicable provision may be released. A minimum of 15
percent (15 %) of the security shall be retained providing for the developer to be responsible
for repairs and corrections which may be required due to failures or faulty construction for a
period of time not to exceed:
1. One year after approval of record drawings or final inspection, whichever occurs
later, for all stormwater facilities required by the permit, if the development involves
no wetland mitigation; or
2. Five years after approval of record drawings or final inspection, whichever occurs
later, for all stormwater facilities required by the permit, if the development involves
wetland mitigation.
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Upon finding the existence of any violation of this Title, the Administrator shall have the authority
and duty to take or direct all actions necessary or appropriate to abate and redress such violation.
The Administrator shall also initiate proceedings, as necessary, to enforce this Title.
CHAPTER 9. PERFORMANCE SECURITY.
9 -9 -1. General Security Requirements.
A. As security for the performance by the developer of the developer's obligations to:
1. Complete the construction of any stormwater facilities and any sediment and erosion
control measures required by the Stormwater Management Permit; and
2. To pay all costs, fees, and charges due from the developer pursuant to this Title; and
3. To otherwise faithfully perform the developer's undertakings pursuant to this Title,
the developer shall, prior to issuance of a Stormwater Management Permit, post a security
as provided in Section 9 -9 -2 of this Title.
B. The developer shall bear the full cost of securing and maintaining the security required by
this Chapter 9.
9 -9 -2. Development Security.
A. A Development Security shall be posted and shall include:
1. A schedule, agreed upon by the developer and the Administrator, for the completion
of the construction of any stormwater facilities, grading of land, and any sediment
and erosion control measures required by the Stormwater Management Permit; and
2. An irrevocable letter of credit, or such other adequate security as the Administrator
may approve, in an amount equal to not less than 110 percent (110 %) of the
estimated probable cost of the following:
a. Construction of any stormwater facilities and grading of land required by the
Stormwater Management Permit; and
b. Installation and maintenance of any temporary sediment and erosion control
measures required by the Stormwater Management Permit; and
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specified, cause the required work to be performed. If the permittee fails to perform within the
allotted time, the Village shall take whatever action it deems necessary including, but not limited to,
revoking the permit, correcting the violation and utilizing the forfeited permit security, or
instituting any appropriate action or proceedings in the circuit court to restrain, correct, or abate
such violation.
9 -104. Revocation of Permits.
The Administrator may revoke a Stormwater Management Permit after prior written notice in
accordance with Section 9 -10 -3 of the Title under any of the following circumstances:
A. When the application, plans, or other supporting documents of a permit reflect a false
statement or misrepresentation as to material fact; or
B. When the permit holder fails to post or maintain security, execute covenants, or dedicate
easements as required; or
C. Any violation of any relevant local, County, State, or Federal requirement; or
D. Violation of any provision of this Title; or
E. Violation of any provision or condition of the permit; or
F. Existence of any condition or the doing of any act constituting or creating a nuisance or
endangering the lives or property of others.
If the permittee fails to perform as required, the permit shall be revoked and written notice thereof
shall be given to the permittee or his/her agent engaged in the work. Such notice shall be given
either by personal delivery thereof to the permittee or his/her agent engaged in the work, by
certified or registered United States mail addressed to the person to be notified, or by telefax and
re(!ular mail.
9 -10 -5. Stop -Work Order.
:�. The Administrator, upon discovery of the existence of any of the circumstances established
in Section 9- 10 -53 of this Title, 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 either given by personal delivery
thereof to the agent engaged in the work, mailed by certified or registered United States
mail addressed to the person to be notified, or, by telefax and regular mail. The stop -work
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order shall state the conditions under which the subject development may be resumed. It
shall be unlawful to proceed with any work for which a stop work order has been given.
B. A stop -work order shall be issued if-
Development is proceeding in a manner which creates imminent hazard or severe
harm to persons or property on or off the site; or
2. Development has been accomplished in violation of a requirement of this Title, or a
Stormwater Management Permit, or any other applicable law or regulation, and a
period of longer than ten (10) 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
3. 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.
9 -10 -6. Fines.
A. Any person who violates, disobeys, omits, neglects, or refuses to comply with, or who
resists enforcement of, any provision of this Title, or any condition in any permit issued
pursuant to this Title shall be subject to a fine pursuant to Section 1 -3 -1 of this Code. Each
calendar day a violation continues to exist shall constitute a separate offense.
B For the purposes of this Section 9 -10 -6, 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 Title.
C. The Administrator shall request its Village Attorney to prosecute such action as a petty
offense (see 730 Q.CS 5/5 -1 -17 (1992)); as hereafter amended; or according to other
appropriate authority in law or in equity.
9 -10 -7. Additional Remedies for Special Flood Hazard Areas.
A. Upon the unauthorized excavation or filling of a special flood hazard area by any person,
the Village may petition the circuit court for an order to allow the Village 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 run -off of stormwater or floodwater.
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1. When, after a diligent search, the identity or whereabouts of the owner of any such
parcel, including lien holders of record, are not ascertainable, notice mailed to the
person in whose name the real estate was last assessed for taxes, constitutes
sufficient notice under this Section 9 -10 -7.
2. The cost of removal of fill and restoration incurred by the Village shall be
recoverable from the owner of such real estate and shall be a lien against the
property.
3. Such lien shall be superior to all other prior existing liens and encumbrances, except
taxes; provided that within 60 days after such removal of fill or restoration of the
parcel to its natural elevation, the Administrator shall file a notice of lien of such
cost and expense incurred in the office of the County Recorder.
4. Such notice shall include a sworn statement setting out:
a. A description of the real estate sufficient for identification thereof; and
b. The amount of money representing the cost and expense incurred; and
C. The date on which the cost was incurred.
S. 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.
6. Upon payment of the costs and expenses by the owner or persons interested in the
property, the lien shall be released by the Village and the release may be filed of
record.
B. The Village of Oak Brook shall utilize all available means at law or in equity to enforce the
Special Flood Hazard Area provisions of this Title.
9 -10 -8. Legal and Equitable Relief.
In the enforcement of this Title, the Administrator shall have the authority to institute, or cause to
be instituted, in the name of the Village, any and all actions, legal or equitable, including appeals,
that are required for the enforcement of this Title.
9 -10 -9. Injunctive Relief.
Notwithstanding any provision in this Title to the contrary, in circumstances of substantial danger
to the environment, to the public health and welfare, or to the livelihood of any person, the
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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.
CHAPTER 11. APPEALS.
9 -11 -1. Right to Appeal.
A. Any person directly aggrieved by any decision, order, requirement, or determination of the
Administrator made pursuant to an interpretation of this Title shall have the right to appeal
such action directly to the Corporate Authorities; provided, however, that all decisions made
by the Administrator pursuant to Chapter 10 of this Title shall be deemed final and not
appealable, except as otherwise specifically provided in Section 9- 10 -1.B.
B. Every applicant for an appeal shall notify 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.
C. Upon receipt of such a notice of appeal, the Oversight Committee shall set a date for a
public hearing before the Oversight Committee. Such public hearing shall commence not
fewer than 14 days nor more than 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.
D. A public hearing shall be set, noticed, and conducted by the Oversight Committee in
accordance with the provisions of Section 9 -13 -1 of this Title.
E. The Oversight Committee shall decide the appeal within 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 Oversight Committee to act within 60 days
shall be deemed to be a decision denying the appeal.
F. The decision of the Oversight Committee shall in all instances be considered a fugal
decision.
G. Fees for appeal applications shall be as stated in Chapter 14 of Title 1 of the Code.
CHAPTER 12. VARIATIONS.
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9 -12 -1. Authority; Applications; Standards.
A. The Corporate Authorities of the Village shall have the authority to grant variations from
the requirements of this Ordinance, but only in compliance with the procedures set forth in
this Article.
B. The variation procedure is intended to provide a narrowly circumscribed means by which
relief may be granted to allow development when the requirements of this Ordinance place
an undue and particular hardship on a specific developer.
C. Variation petitions may be filed either by the owner or by the developer of land specified in
the application for a Stormwater Management Permit.
D. The petition for a variation shall accompany or follow an application for a Stormwater
Management Permit including all necessary submittals.
E. All variation petitions filed pursuant to this Section shall be filed with the Director of
Community Development.
F. All variation petitions filed pursuant to this Section shall be on forms supplied by the
Director of Community Development and shall be filed in such number of duplicate copies
as the Director of Community Development may designate by administrative order.
G. Every variation petition filed pursuant to this Section shall provide the following
information:
1. The owner's or developer's signed consent to the filing of the petition; and
2. The names and addresses of all professional consultants, if any, advising the
petitioner with respect to the petition; and
I The name and address and the nature and extent of any economic or family interest
of any officer or employee of the Village, as to the owner, the petitioner, or the
subject property or development; and
4. The addresses and legal description of the subject property or development; and
5. The specific feature or features of the proposed construction or development that
require a variation; and
6. The specific provision of this Title from which a variation is sought and the precise
variation therefrom being sought; and
7. A statement of the characteristics of the subject property or development that
prevent compliance with the provisions of this Title; and
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8. A statement of the minimum variation of the provisions of this Title that would be
necessary to permit the proposed construction or development; and
9. A statement of how the variation sought satisfies the standards set forth in Section
9- 12 -1.J of this Title.
Ff. No public hearing will be scheduled on a variation petition unless the petition is filed in
proper form and number and contains all required information.
I. Whenever supplemental data in connection with a previously filed variation petition is
required or offered by the applicant, it shall be submitted at least seven (7) 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.
1. The Oversight Committee shall consider, and the Corporate Authorities may grant, such
petition for a variation only when it is consistent with the general purpose and intent of this
Title, when it meets the requirements of Section 9 -12- l . K of the Title, and when the
development meets the requirements specified in Section 9 -5 -2.A of this Title as well as the
following conditions:
1. Granting the variation shall not alter the essential character of the area involved,
including existing stream uses; and
2. Carrying out the strict letter of the provisions of this Title would create an undue or
particular hardship or difficulty on a specific developer or owner; and
3. The relief requested is the minimum necessary and there are no practicable means
other than the requested variation by which the alleged hardship can be avoided or
remedied to a degree sufficient to permit the reasonable continuation of the
development; and
4. The applicant's circumstances are unique and do not represent a general condition or
problem; and
5. The subject development is exceptional as compared to other developments subject
to the same provision; and
6. A development proposed for a special management area could not be constructed if
it were limited to areas outside the special management area.
K. No variation shall be granted for any development in the regulatory floodway, regulatory
wetlands, and critical wetlands from any provision of this Title the effect of which variation
would be -to create regulation less restrictive or stringent than federal and/or state required
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minimum standards for development in such areas. Subject to this standard, a variation
may be granted in accordance with this Section from provisions of this Title more restrictive
or stringent than the federal and/or state required minimum standards for development in
such areas.
L. When a variation from the requirements of this Title would lessen the degree of flood
protection to a structure, the Administrator shall notify the applicant that the variation, if
granted, may result in increased rates for flood insurance.
�1. The Administrator shall give written notice of any variation petition, including the date and
time of the public hearing, to the Committee, the Department, and all watershed planning
area community Administrators. Such notice shall be sent no less than 21 days in advance
of the date of the public hearing by regular U.S. mail or its equivalent. In addition, the
permit application and variation petition including all permit submittals and support
documentation shall be sent to the Director.
N. Fees for variation applications shall be as stated in Chapter 14 of Title 1 of the Code.
9 -12 -2. Public Hearing Required.
A public hearing shall be set, noticed, and conducted by the Oversight Committee in accordance
with the provisions of Section 9 -13 -1 of this Title.
9 -12 -3. Review and Recommendation.
A. The Administrator shall review all requests or petitions for a variation and shall present
written findings of such review to the Oversight Committee.
B. Within 35 days after the close of the public hearing, the Oversight Committee shall make a
written recommendation to the Corporate Authorities to grant or deny the variation petition.
The failure of the Oversight Committee to act within 35 days shall be deemed to be a
recommendation to deny the variation.
C. The written recommendation of the Oversight Committee whether to grant or deny the
requested variation shall be accompanied by written findings of fact specifying the reasons
for the decision, which written findings shall be distributed to the Corporate Authorities
before the Corporate Authorities vote to grant or deny the variation petition.
9 -12-4. Decisions.
The Corporate Authorities shall grant the variation, grant the variation with modifications or
conditions, or, deny -the- variation- within 45 days after receipt of the recommendation of the
CIE
Oversight Committee unless both the Corporate Authorities and the applicant agree to extend the
decision. The failure of the Corporate Authorities to act within 45 days, or such additional time as
the applicant may agree, shall be deemed to be a decision denying the variation.
9 -12 -5. Conditions.
A. A variation 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.
B. The Corporate Authorities may impose such specific conditions and limitations concerning
any matter relating to the purposes and objectives of this Title on the development benefited
by a variation as may be necessary or appropriate to meet the standards set forth or referred
to in Section 9- 12 -1.1 of this Title and to promote the general objectives of this Title
including, but not limited to, minimizing any detrimental effect on the value of surrounding
properties.
C. Whenever any variation authorized pursuant to this Title 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 Administrator so stating.
D. - For any variation to Section 9 -5-4, a fee shall be required pursuant to Section 9 -5 -5 to
compensate for any site runoff storage not being provided.
9 -12 -6. Variations to Section 9 -5 -7 (Berms).
A. Notwithstanding the above variation provisions, the Corporate Authorities may, in
accordance with the following procedures, authorize variations from any of the
requirements and regulations set forth in Section 9 -5 -7. Applications for a variation shall be
made stating fully the grounds of the petition and the facts relied upon by the applicant. A
copy of the permit application shall be attached to any such petition. No such variation
shall be granted except upon proof that strict enforcement of the provisions of Section 9 -5 -7
cause a hardship on the applicant. Hardship for purposes of this article shall include, but
not be limited to, situations where:
1. The land is of such shape or size or is affected by such physical conditions that it is
impossible or impractical for the applicant to comply with all of the requirements of
Section 9 -5 -7; and
2. The variation is necessary for the preservation and enjoyment of a substantial
property right of the applicant; and
3. The granting of the variation will not be detrimental to the public welfare or
injurious to otherproperty in-the vicinity of the subject property.
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On any requested variation, the Corporate Authorities may take immediate action on such
petition or refer the matter to its Oversight Committee for a public hearing and
recommendation from that body prior to its decision on the petition.
CHAPTER 13. MISCELLANEOUS PROVISIONS.
9-13-1. Public Hearings.
A. When the provisions of this Title require a public hearing in connection with any
application, petition, or appeal, the Oversight Committee or Corporate Authorities 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 60 days, and shall be concluded no later than 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 and unless both the
hearing body and the applicant agree to extend the deliberations.
B. ' All hearings shall be open to the public and shall be held before the Oversight Committee or
the Corporate Authorities as previously designated in this Title.
C. The hearing body shall cause notice to be given of public hearings in the form and manner
and to the persons herein specified.
D. 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 Title involved.
E. Notice of every hearing shall be given by regular mail or personal delivery to the applicant
or petitioner. Notice by regular mail shall be mailed no fewer than 14 days in advance of
the hearing by regular U.S. mail, except as otherwise specifically provided in this Title.
F. The hearing body shall publish notice of the public hearing at least once, not less than 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.
G. 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 hearing body may exclude irrelevant, immaterial, or unduly repetitious
evidence.
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H. Subject to the discretion of the hearing body, the applicant or petitioner, or any other party
to the hearing, may be allowed any or all of the following:
1. To present witnesses on their behalf.
2. To cross - examine witnesses.
3. To examine and reproduce, at the requesting party's expense, any documents
produced at the hearing.
4. To have subpoenas issued by the hearing body 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:
a. The development to which the request applies; or
b. Facts that would support or negate the legal standards for granting or
denying the request or appeal.
S. 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 hearing body
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, when to do so would tend to produce no new evidence to
aid the hearing body in reaching its decision, or where the proceedings would be disrupted.
t. The hearing body, may at any time, on its own motion or at the request of any person,
adjourn the hearing for a reasonable time and to a fixed date, time, and place, for the
purpose of giving further notice, taking further evidence, gathering further information,
deliberating further, or for such other reason as the hearing body may find sufficient. Proper
notice of such a recess shall be given to all parties to the hearing, and any other person
designated by the hearing body.
J. All testimony at every hearing shall be given under oath.
K. 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 hearing body following such
hearing, submit written statements in support of or in opposition to the application, petition,
or appeal being heard.
L. All other matters pertaining to the conduct of hearings shall be governed by the provisions
of this Title- pertaining to, and the rules, if any, promulgated by, the hearing body.
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The record of the public hearing shall include:
1. All notices and responses thereto; and
2. A transcript, if made, and notes, if any, of all oral testimony received (the cost of
transcription shall be the responsibility of the party requesting that the record be
transcribed), minutes of the hearing, and all written information, if any, submitted
by parties or the public; and
3. Any recommendation or report by the hearing body; and
4. All Department memoranda or data submitted to the hearing body in connection
with its consideration of the subject matter of the hearing.
N. The decision or recommendation of the hearing body shall be in writing and shall include
findings of fact specifying the reasons for the decision. A copy of the written decision or
recommendation shall be provided to the applicant or petitioner.
9 -13 -2. Severability.
.a. The provisions of this Title shall be severable in accordance with the following rules:
1. If any court of competent jurisdiction shall adjudge any provision of this Title
invalid, such judgment shall not affect any other provisions of this Title.
2. If any court of competent jurisdiction shall adjudge invalid the application of any
provision of this Title to a particular parcel of land, a particular structure, or a
particular development, such judgment shall not affect the application of said
provisions to any other land, structure, or development.
B. All such unaffected provisions of this Title shall remain in full force and effect.
9 -13 -3. Most Restrictive Provisions Apply.
The provisions of this Title and all applicable ordinances of the Village of Oak Brook 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
Title. To the greatest extent possible, the provisions of this Title and all other applicable ordinances
of the Village of Oak Brook 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.
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9 -13 -4. Amendments.
This Title may be amended by the Corporate Authorities.
9 -13 -5. Effective Date.
This Title shall take effect for all purposes, and its effective date shall be December 10, 2002.
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