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G-864 - 08/12/2008 - STORMWATER - Ordinances Supporting DocumentsF ;fir•; •,.-` t v TnZAH 1().11. l ) 0 I 0A o'I� AGENDA ITEM Regular Board of Trustees Meeting of August 12, 2008 SUBJECT: Revision to Title 9 of the Code: Stormwater, Flood Plain, and Sedimentation and Erosion Control Regulations FROM: Dale L. Durfey, Jr., P.E., Village Enginee BUDGET SOURCE/BUDGET IMPACT: N.A. RECOMMENDED MOTION: That the Village Board approve the attached Ordinance amending Chapters 2, 5, 6, 7, and 9 of the Village Code of the Village of Oak Brook. Background/History: On March 25, 2008, the DuPage County Board approved certain revisions to the DuPage County Countywide Stormwater and Flood Plain Ordinance. As a full- waiver community (we enforce the Storm Water Ordinances instead of DuPage County), Oak Brook enforces the minimum County standards and our Title 9 Ordinance mirrors the County Ordinance except in those areas where we are more restrictive. Therefore, it is appropriate to incorporate the recent DuPage County revisions into our Code. The revisions address requirements set forth by the USEPA National Pollution Discharge Elimination System (NPDES) Phase 2 permit issued to DuPage County and to Oak Brook. These primarily relate to water quality Best Management Practices (BMPs) which are design, construction and maintenance practices for stormwater facilities than minimize the impact of stormwater runoff rates and volumes, prevent erosion, and capture pollutants. Proposed Ordinance Section 9 -5 -3K requires that developments shall treat the developed area for pollutants from the site in accordance with accepted practices and procedures, examples of which are in a document entitled "DuPage County Water Quality Best Management Practices Technical Guidance" dated March 2008 which can be found at www.dupalleco.org /stormwater /. Last saved by administrator J \WORDDOC\Title 9 rev Cty 3 -25 -08 docl Last printed 8/5/2008 10 46 AM 0 Examples of BMPs include: • Wetland detention basins • Infiltration swales • Vegetated buffers • Silt fencing • Sediment traps • Street sweeping • Commercial grease traps • Roadway salt alternatives • Spill prevention plans and /or structures Exceptions to these requirements are: 1. The parcel being developed totals less than one acre for single or two family uses. 2. The Administrator (Village Engineer) shall consider granting an exception for certain developments (e.g., reconstruction of an existing parking lot that meets certain conditions, or a regional stormwater management project). Single family teardown developments over an acre would need to comply with these proposed requirements. Proposed Section 9 -5 -6 permits a fee -in -lieu payment in certain situations at the following rates (these are the rates within the County Ordinance): Single or two family residential land uses $3,000 per acre Religious institutions defined under Section 15 -40 of the $3,000 per acre Illinois Property Tax Code and governmental entities, not to include roadways and parking lots Multiple family or non - residential land uses $15,000 per acre Roadway developments $30,000 per acre Roadway developments include any activity, excavation or fill, alteration, or construction that affects the discharge of storm water, or any man -made change to real estate that relates to roads within rights -of -way. Since each development is unique, it is very difficult to opine on what additional costs each one would incur. Using the Brittwood Creek Subdivision as an example, there would have been minimal additional cost, if any, since that development already included wet bottom detention areas and wetland facilities. For the Deerpath Woods Subdivision on Adams Road, there would likewise have been minimal additional cost since that also has wet bottom detention basins. For subdivisions with only turf grass bottom detention basins, additional costs would be incurred to Last saved by administrator J MORDDOCUitle 9 rev Cty 3 -25 -08 doc2 Last printed 8/5/2008 10 46 AM effectuate the required settling or trapping of sediments and pollutants (many alternatives are available as described in the BMP Technical Guidance). For commercial developments, there are many alternatives available to perform the needed functions of pollutant removal, such as vegetated filter strips, permeable pavers, or manufactured separating /settling devices. Again, each site is unique; the additional costs could be minimal or extensive. A recent example is 1400 Kensington Road that expanded its parking lot and installed a manufactured separating /settling device BMP at an approximate additional cost of $10,000. These new water quality requirements were debated for about 2 years at the Municipal Engineers /Consulting Engineers/DuPage County meetings. As they take effect, discussion will continue on what practices are taking place, how they work (or don't work), costs, etc. DuPage County conducted 2 seminars (6/27/08 and 7/11/08) on these proposed changes for the engineering and planning communities. With the 2 years if discussion and the seminars, the County has tried to "get the word out" to the development community. The specific listing of flood maps and profiles in proposed Section 9 -6 -2B4 is a requirement of FEMA. Oak Brook has been using the 2004 FEMA maps for DuPage County since they became effective on December 16, 2004 and the 2008 FEMA maps for Cook County take effect on August 19, 2008 (only a few residential lots within the Forest Glen Subdivision are within Cook County, none of which are within a floodplain). The Village Attorney has reviewed and approved the attached Ordinance in this regard. Recommendation: That the Village Board approve the Ordinance. Last saved by administrator J \WORDDOC\Title 9 rev Cty 3 -25 -08 doc3 Last printed 8/5/2008 10 46 AM ORDINANCE 2008- SWM -RR -G -864 AN ORDINANCE AMENDING CHAPTERS 2, 5, 6, 7 AND 9 OF TITLE 9 ( "STORM WATER, FLOODPLAIN AND SEDIMENTATION AND EROSION CONTROL REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK WHEREAS, the Village of Oak Brook is located almost entirely within DuPage County, which adopted a Countywide Stormwater and Flood Plain Ordinance, (the "County Ordinance ") on September 24, 1991, in accordance with Illinois Compiled Statutes, Chapter 34, paragraph 5 -1062, and WHEREAS, on February 11, 1992, the Village of Oak Brook passed and approved "An Ordinance Adopting Various Provisions of the DuPage County Countywide Stormwater and Flood Plain Ordinance" (Ordinance S -728), and WHEREAS, on March 24, 1992, the County designated the Village of Oak Brook as a complete waiver community for the enforcement of the County Ordinance, and WHEREAS, the Village of Oak Brook, as a complete waiver community, is required to adopt certain standards contained within the current County Ordinance as the minimum standards effective within its territorial Jurisdiction although it may impose higher standards, and WHEREAS, the Village has from time to time amended its storm water and floodplain regulations to conform with changes made by the County to the County Ordinance, and WHEREAS, on March 25, 2008, the DuPage County Board approved certain revisions to the County Ordinance, and WHEREAS, it is in the best interests of the Village of Oak Brook that Tale 9 be amended to incorporate the revisions to the County Ordinance as set forth below NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows Section 1 That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2 That Section 9 -2 -2 ( "Definitions ") of Title 9 ( "Storm Water, Floodplain, and Sedimentation and Erosion Control Regulations ") of the Village Code be amended by deleting the definitions of "Best Management Practices ", "Environmental Scientist ", "Storm Water Facility', and "Watershed Benefit ", in their entirety, and replacing such definitions with the following BEST MANAGEMENT PRACTICES Design, construction, and maintenance practices and (BMPs) criteria for storm water facilities that minimize the impact of storm water runoff rates and volume, prevent erosion, and capture pollutants ENVIRONMENTAL SCIENTIST A person with a four -year degree in a life science curriculum in which the emphasis was on ecologic systems or equivalent education, and four years of experience Examples of such curricula are ecology, botany, or biology Ordinance 2008- SWM -RR -G -864 Amending Chapter 2,5,6,7,9 of Title 9 of the Village Code Page 2 of 7 STORM WATER FACILITY. All ditches, channels, conduits, bridges, culverts, levees, ponds, natural and man -made impoundments, wetlands, wetland buffers, riparian environment, tile, swales, sewers, BMPs, or other natural or artificial structures or measures which serve as a means of draining surface and subsurface water from land WATERSHED BENEFIT A decrease in flood elevations or flood damages, or an improvement in water quality, upstream or downstream of the development site Section 3 That Section 9 -2 -2 ( "Definitions ") of Title 9 ( "Storm Water, Floodplain, and Sedimentation and Erosion Control Regulations ") of the Village Code be amended by adding the following definition in alphabetical order as it would appear therein- POLLUTANT* Any substance harmful to the environment that is not authorized for discharge from a storm sewer by an Illinois Environmental Protection Agency General NPDES Permit Section 4 Section 9 -5 -1 ( "General Information ") of Title 9 ( "Storm Water, Floodplain, and Sedimentation and Erosion Control Regulations ") of the Village Code be amended by deleting Subsection A in its entirety and replacing it with the following A All developments shall meet the requirements specified for general storm water and floodplain development (section 9 -5 -2 of this chapter), site runoff (section 9 -5 -3 of this chapter), sediment and erosion control (section 9 -5 -7 of this chapter), and performance security (chapter 9 of this title) Section 5 Section 9 -5 -3 ( "Site Runoff Requirements ") of Title 9 ( "Storm Water, Floodplain, and Sedimentation and Erosion Control Regulations ") of the Village Code be amended by deleting Subsections K and L in their entirety and replacing them with Subsections K, L and M as follows K Developments requiring a Storm Water Management Permit shall treat the developed area for pollutants from the site in accordance with accepted practices and procedures, examples of which are in Appendix E of the DuPage County Countywide Stormwater and Flood Plain Ordinance, Part 1- Technical Guidance, Water Quality Best Management Practices, with the following exceptions The parcels being developed total less than one acre for single or two family land uses 2 The Administrator shall consider granting an exception to this Subsection 9 -5 -3K for those developments listed in Subsection 9 -5 -1 C2 and 9 -5 -1 C3 L Developments requiring a Storm Water Management Permit shall, to the extent practical, incorporate the following Best Management Practices into the site design to minimize increases in runoff rates, volumes, and pollutant loads 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 fifty feet (50') Ordinance 2008- SWM -RR -G -864 Amending Chapter 2,5,6,7,9 of Title 9 of the Village Code Page 3 of 7 2 Vegetated swales shall be utilized, where appropriate, as an alternative to storm sewers to promote the infiltration of storm water and the filtration of storm water 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 areas 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 County 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 M Developments shall incorporate all Best Management Practices as may be required pursuant to the United States Clean Water Act, 33 USC Section 1251 et seq , as amended Section 6 Section 9 -5 -4 ( "Site Runoff Storage Requirements (Detention) ") of Title 9 ( "Storm Water, Floodplain, and Sedimentation -and Erosion Control Regulations ") of the Village Code be amended by deleting Subsections A and B in their entirety and replacing them with the following• A Maximum site runoff storage requirements shall be consistent with the information, procedures, and requirements of the applicable sections 9 -5 -9 and 9 -5 -10 of this chapter, except as limited by the provisions of subsection B of this section B If no release rate, or a greater release rate than identified below, is specified in the applicable sections 9 -5 -9 and 9 -5 -10 of this chapter, then sufficient storage shall be provided such that the probability of the post development release rate exceeding 0 1 cfs /acre of development shall be less than one percent (1 0 %) per year Design runoff volumes shall be calculated using continuous simulation or event hydrograph methods Section 7 Sections 9 -5 -6 through 9 -5 -9 ( "Sediment and Erosion Control Requirements ", "Standards for Berms ", "Salt Creek Watershed" and "East Branch DuPage River Watershed ") of Title 9 ( "Storm Water, Floodplain, and Sedimentation and Erosion Control Regulations ") of the Village Code be amended by inserting a new Section 9 -5 -6 as follows and re- numbering Sections 9 -5 -6 through 9 -5 -9 to be 9 -5 -7 through 9 -5 -10 9 -5 -6 Water Quality BMP Fee -In -Lieu Program A The applicant for single or two family residential land uses that are not specifically exempted by Section 9 -5 -3K may elect to pay a fee in lieu of providing water quality BMPs under the following conditions 1 A Storm Water Management Permit is required, and 2 The development is not required to provide site runoff storage (detention) per Subsection 9 -5 -1 B, and Ordinance 2008- SWM -RR -G -864 Amending Chapter 2,5,6,7,9 of Title 9 of the Village Code Page 4 of 7 3 Payment into the Village of Oak Brook's BMP fee -in -lieu program shall be made prior to the issuance of a Storm Water Management Permit B The applicant for multiple family or non - residential land uses and roadway developments may elect to pay a fee in lieu of providing water quality BMPs under the following conditions 1 A Storm Water Management Permit is required, and 2 The development is not required to provide site runoff storage (detention) per Subsection 9 -5 -1 B, and 3 The Administrator has determined that it is not practical to install water quality BMPs, and 4 Payment into the Village of Oak Brook's BMP fee -in -lieu program shall be made prior to the issuance of a Storm Water Management Permit C BMP fee -in -lieu payment shall be at the following rates Single or two family residential land uses $3,000 per acre Religious institutions defined under Section 15 -40 of the Illinois Property Tax Code and governmental entities, not to include roadways and parking lots $3,000 per acre Multiple family or non - residential land uses $15,000 per acre Roadway developments $30,000 per acre D Funds collected shall be used solely to design, construct, and maintain water quality BMP improvements E The Finance Director shall provide accounting on an annual basis of all funds deposited and expensed F BMP fee -in -lieu payments shall be refunded to the person who paid the fee, or to that person's successor in interest, whenever the Village fails to encumber the fees collected within ten (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 encumbered Section 8 Section 9 -6 -2 ( "Requirements for Regulatory Floodplain and Regulatory Floodway Determination ") of Title 9 ( "Storm Water, Floodplain, and Sedimentation and Erosion Control Regulations ") of the Village Code be amended by deleting Subsection B4 and replacing it with the following 4 Flood Insurance Rate Maps and Flood Insurance Study for the DuPage County portion of the Village dated December 16, 2004 and the Flood Insurance Rate Maps and Flood Insurance Study for the Cook County portion of the Village dated August 19, 2008, as prepared and approved by FEMA These maps and profiles are as follows Ordinance 2008- SWM -RR -G -864 Amending Chapter 2,5,6,7,9 of Title 9 of the Village Code Page 5 of 7 Community Date of DuPage County Effective FIS Number Effective Map Map Numbers Study Date 170214 December 16, 2004 17043CO605H December 16, 2004 December 16, 2004 17043CO606H December 16, 2004 December 16, 2004 17043CO607H December 16, 2004 December 16, 2004 17043CO608H December 16, 2004 December 16, 2004 17043CO609H December 16, 2004 December 16, 2004 17043CO903H December 16, 2004 Community Date of Cook County Effective FIS Number Effective Map Map Numbers Study Date 170214 August 19, 2008 17031 CO456J August 19, 2008 Section 9- Section 9 -7 -1 ( "General Requirements ") of Title 9 ( "Storm Water, Floodplain, and Sedimentation and Erosion Control Regulations ") of the Village Code be amended by deleting Subsection I in its entirety and replacing it with the following 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 (2) years' experience in storm water and floodplain management and, where applicable, an environmental scientist Section 10 Section 9 -7 -4 ( "Storm Water Submittal ") of Title 9 ( "Storm Water, Floodplain, and Sedimentation and Erosion Control Regulations ") of the Village Code be amended by adding Subsection 9 -7 -4 B 2 e as follows e A planting plan for all vegetated areas which shall include (1) Planting locations, specifications, and methodology, and (2) A schedule for installation and (3) Management, monitoring, and maintenance provisions, and (4) Performance standards, and (5) An opinion of probable cost Section 11 Section 9 -7 -4 ( "Storm Water Submittal ") of Title 9 ( "Storm Water, Floodplain, and Sedimentation and Erosion Control Regulations ") of the Village Code be amended by deleting the reference to Section 9 -5 -6 in Subsection F and replacing it with Section 9 -5 -7 Section 12 Section ,9 -9 -2 ( "Development Security') of Title 9 ( "Storm Water, Floodplain, and Sedimentation and Erosion Control Regulations ") of the Village Code be amended by deleting Subsection A2 in its entirety and replacing it with the following 2 An irrevocable letter of credit, or such other adequate security as the Administrator may approve, in an amount equal to not less than one hundred ten percent (110 %) of the estimated probable cost of the following a Construction of any Storm Water Facilities, including BMPs, and grading of land required by the Storm Water Management Permit, and Ordinance 2008- SWM -RR -G -864 Amending Chapter 2,5,6,7,9 of Title 9 of the Village Code Page 6 of 7 b Installation and maintenance of BMPs required by the Storm Water Management Permit, and C Installation and maintenance of any temporary sediment and erosion control measures required by the Storm Water Management Permit, and d Installation and maintenance until acceptance by the Village of any permanent sediment and erosion control measures required by the Storm Water Management Permit, and e Providing the necessary record drawings, and f Providing the necessary engineering and surveying services that are required in subsections A2a through A2e of this Section, which estimated probable cost shall be agreed upon by the developer and the administrator, and Section 13 Section 9 -9 -2 ( "Development Security') of Title 9 ( "Storm Water, Floodplain, and Sedimentation and Erosion Control Regulations ") of the Village Code be amended by deleting the word and number "Five (5)" in Subsection D2 and replacing them with the word and number "Three (3)" Section 14- That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law Section 15- That all ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict APPROVED THIS 12th day of August, 2008 John W Craig Village President PASSED THIS 12th day of August, 2008 Ayes Nays Absent ATTEST Charlotte K Pruss Village Clerk Ordinance 2008- SWM -RR -G -864 Amending Chapter 2,5,6,7,9 of Title 9 of the Village Code Page 7 of 7