G11-94 (2) Ordinance No. G11-94
AN ORDINANCE
PROVIDING FOR THE REGULATION OF SOIL EROSION AND
SEDIMENTATION CONTROL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1 . That Title 21 of the Elgin Municipal Code,
1976, as amended, be and is hereby further amended by adding
Chapter 21 .20 entitled "Soil Erosion and Sedimentation Control"
to read as follows :
CHAPTER 21.20
SOIL EROSION AND SEDIMENTATION CONTROL
Sections :
21 .20 .010 General Regulations
21 . 20 . 020 Definitions
21 . 20 . 030 Plan and Permit
21 .20 . 040 Design Standards and Requirements
21 .20 . 050 Construction Procedures and Requirements
21 .20 . 060 Fee, Bonds, Appeals, Exceptions, Suspension,
Separability and Inclusivity
21 .20 . 070 Exhibits
21.20.010 GENERAL REGULATIONS
A. Authority.
This ordinance is adopted under the authority of the City
of Elgin.
B. Findings and Purpose.
1 . The City of Elgin finds as follows:
a. That excessive quantities of soil are eroding
from areas that are undergoing development for
certain non-agricultural uses, including but not
limited to the construction of dwelling units,
commercial buildings and industrial plants, the
building of roads and highways, the modification
and dredging of stream channels and drainageways,
and the creation of recreational facilities;
b. That the washing, blowing, and falling of eroded
soil across and upon roadways endangers the
health and safety of users thereof by decreasing
vision and reducing traction of road vehicles;
1
c. That said soil erosion necessitates the costly
repairing of gullies, wash-out fills, roadway
ditches and embankments .
d. That said sediment from said soil erosion tends
to clog sewers, ditches, and other drainage
improvements, and to pollute and silt the
wetlands, rivers, streams, lakes, ponds, and
reservoirs;
e. That said sediment limits the use of water and
waterways for most beneficial purposes, by
promoting the growth of undesirable aquatic
weeds, destroying the habitat for fish and other
desirable aquatic life, and that said sediment is
costly and difficult to remove; and
f. That said sediment reduces the channel capacity
of waterways and the storage capacity of
floodplains and natural depressions, resulting in
increased chances of flooding and unnecessary
risk to public health and safety.
2 . The City of Elgin therefore declares that the purpose
of this ordinance is to safeguard person, protect
property, prevent damage to the environment, and to
promote the public welfare, by guiding and regulating
the design, construction, quality and use of materials
and maintenance of any development or other activity
which disturbs or breaks the topsoil or otherwise
results in the movement of earth on land situated in
the county. It is the intent of this ordinance that
the delivery of sediment from sites affected by land
disturbing activities be limited, as closely as
practicable, to that which would have occurred if land
had been left in its natural undisturbed state.
C. Applicability of Ordinance.
This ordinance applies to land disturbing and land
developing activities on lands within the boundaries and
jurisdiction of the City of Elgin.
D. General Criteria and Standards .
The following general principles shall apply to any
movement of earth and a site development plan and the granting
of a permit for the execution of said site development plan as
herein provided:
1 . Development criteria and standards :
a. Site development shall be related to the
topography and soils of the site so as to create
2
the least potential for erosion. Areas of steep
slopes where excavations and fills may be
required shall be avoided wherever possible, and
natural contours shall be followed as closely as
possible.
b. Natural vegetation shall be retained and
protected wherever possible.
c. Areas within or immediately adjacent to natural
watercourses, streams, lakes, ponds, and wetlands
shall be left undisturbed, wherever possible.
Temporary crossings of water courses, when
permitted, must include appropriate stabilization
and sediment control measures .
d. All activities on the site shall be conducted on
the smallest practical area of land, in a logical
and phased sequence to minimize the area of bare
soil exposed at any one time.
e. Sediment basins or traps, diversions, filter
barriers, forebays and any other appropriate
measures shall be installed prior to beginning
land disturbing activity and maintained to remove
sediment from runoff waters from land undergoing
development.
f . The selection of erosion and sediment control
measures shall be based on assessment of the
probable frequency of climatic and other events
likely to contribute to erosion, and on
evaluation of the risks, costs, and benefits
involved,
g. Provide for aesthetics and continual operation
and maintenance in the design of all erosion
control facilities and practices .
h. Provisions shall be made to accommodate the
increased run-off caused by changed soil and
surface conditions during and after development.
Drainageways and other erosion control facilities
shall be designed so that their final gradients
and the resultant velocities and rates of
discharge will not create additional erosion
on-site or downstream.
i. Temporary vegetation or, where appropriate,
mulching or other nonviable cover shall be used
to protect areas exposed during development.
3
j . Permanent vegetation and structures shall be
installed and functional as soon as practical
during development.
k. Those areas being converted from agricultural
purposes to other land uses shall be vegetated
with an appropriate protective cover prior to
development.
1 . All waste generated as a result of site
development activity shall be properly disposed
of and shall be prevented from being carried
off-site by either wind or water.
m. Each site shall contain measures to prevent
sediment from being tracked onto public or
private roadways . Included with these measures
shall be the prevention and removal of any
material tracked on the roadways .
21.20.020 DEFINITIONS
For the purposes of this ordinance certain terms used
herein are defined as set forth below:
A. Agricultural Land Use: The use of land for planting,
growing, cultivating and harvesting of crops for food and
fiber, horticultural or human use or livestock consumption
and pasturing or yarding of livestock.
B. Applicant: Any person, partnership, corporation, public or
private, the state and its agencies or political
subdivisions, the United States of America, its agencies
and instrumentalities, and any agent, servant, officer or
employees of any of the foregoing.
C. Building permit: A permit issued by the City for
construction, erection, or alteration of a structure or
building.
D. Certify or certification: Formally attesting that the
specific inspections and test where required have been
performed, and that such tests comply with the applicable
requirements of this ordinance.
E. City: City of Elgin, Illinois
F. Clearing: The act of denuding a site of its vegetative
cover by either manual, chemical, or mechanical means .
G. County: Kane County, Illinois .
H. Dredging: The act by which objects or earth material is
removed from the bed of a body of water including but not
4
limited to excavating or deepening of streams, channels,
ditches, lakes and ponds, and the building of levees .
I . Engineer, Design: A professional engineer, licensed . as
such in Illinois, responsible for the design of site
improvement plans and specifications for a project or
subdivision.
J. Erosion: The detachment and movement of soil, sediment or
rock fragments by water, wind, ice, or gravity.
K. Excavating: The act by which organic matter, soil, earth,
sand, gravel, rock or any similar material is cut into,
dug, quarried, uncovered, removed, displaced or relocated
and shall include the conditions resulting therefrom.
L. Existing Drainage Pattern: The path formed by stormwater
and subsurface runoff on the surface topography of the
earth prior to proposed changes .
M. Existing Grade: The vertical location of the existing
ground surface prior to excavating or filling.
N. Filling: The act by which soil, 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.
0. Final Grade: The vertical location of the ground or
pavement surface after the grading work is completed in
accordance with the site development plan.
P. Grading: Excavating or filling or any combination thereof
and shall include the conditions resulting from any
excavating or filling.
Q. Land Disturbing Activity: Clearing, dredging, grading,
stripping, filling, excavating or any combination thereof .
R. Land Surveyor: A licensed professional surveyor of
Illinois .
S. Permittee: The applicant to whom a site development permit
is issued.
T. Removal: The cutting, clearing . and extraction of
vegetation to the ground or stumps .
U. Runoff: The rainfall, snow melt, or irrigation water
flowing over the ground surface.
V. Sediment: Mineral or organic solid material in suspension
or being transported or moved from its site of origin by
5
wind, water, gravity, or ice and which has come to rest
wither on the earth' s surface or in a body of water.
W. Site: The entire area included in the legal description of
the land on which the land disturbing or land development
activity is proposed in the permit application.
X. Site Development: Any man-made change of the land surface
including removing and clearing vegetative cover, dredging,
excavating, filling, grading and any other land disturbing
activity,
Y. Site Development Permit: A permit issued by the city which
allows the permittee to begin construction or installation
of land modifications .
Z . Site Development Plan: A plan that shows the locations,
types and implementation of erosion and runoff control
measures, and/or grading of lands for the construction of
buildings or structures or necessary improvements .
AA. Soil: The surface accumulation of sand, silt, clay, and
humus derived from loses and the weathering and breakdown
of the underlying bedrock and glacial debris .
BB. Stream: Any river, creek, brook, branch, flowage, ravine,
or natural or man-made drainageway which has a defined bed
and banks or shoreline, in or into which surface or
groundwater flows, either perennially or intermittently.
CC. Stripping: Any activity which disturbs the vegtative
surface cover including tree removal, clearing, and storage
or removal of topsoil .
DD. Waste: Various materials removed from the site prior to.
the modification of the site including, but not limited to
vegetative surface cover, excess soil, tree trunks, limbs
and roots, demolition debris from buildings, roads, and
underground facilities .
EE. 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 .
21.20.030 PLAN AND PERMIT.
A. Permit Required.
1 . A site development permit shall be obtained from the
City, where development falls under any one or more of
the following provision, unless such development is
exempted therefrom by paragraph 3 of this subsection:
6
a. Any land disturbing activity that will affect an
area in excess of 5, 000 square feet;
b. Any land disturbing activity within 100 feet of a
lake, pond, river, stream, and wetland;
c. Excavating, dredging and filling or any
combination thereof, that will exceed 250 cubic
yards .
2 . The site development permit must be obtained by all
person, partnership, or corporation, government agency
and school district within the City, before land is
cleared, graded, dredged, stripped, excavated, filled,
transported, or otherwise disturbed by the movement of
earth for purposes including, but not limited to the
following:
a. Construction of buildings;
b. Construction of subdivisions;
c. Construction of lakes and ponds;
d. Mining of minerals, including sand and gravel,
e. Development of golf courses, and
•
f. Construction of roads and streets.
3 . A site development permit shall not be required for
any of the following provided that the person,
partnership or corporation, government agency or
school district responsible for any such development
shall implement necessary soil erosion and sediment
control measures to satisfy the principles set forth
in sections 21.20 . 010(D) and 21 .20 .070 of this chapter:
a. Excavations below final grade for the basement
and footings of a single-family residence, septic
systems, drain fields, tanks, vaults, tunnels,
swimming pools, or cellars for which a building
permit has been issued by the City.
b. The construction, enlargement, relocation or
reconstruction of streets, highways, roads, or
bridges or any work performed within right-of-way
for which approval and/or a permit has been
issued by the Illinois Department of
Transportation and/or county engineer.
c. Farming or other agricultural operations upon
property zoned for farming or agricultural
purposes and uses as follows :
7
( 1) The construction of sod waterways,
(2) The construction of terraces,
(3) The construction of surface water diversions,
(4) The construction of grade stabilization
structures, and
(5) The tilling of the soil .
Agricultural areas should conform to responsible
soil erosion and sediment control management practices
as specified by the United States Department of
Agricultural (USDA) and standards established by the
USDA - Soil Conservation Service (SCS) , St. Charles
Field Office Technical Guide.
d. Tilling of the soil for fire protection purposes.
B. Application.
1 . No site development permit shall be issued until the
applicant submits a site development application and
plan, and appropriate fee together with other
submissions required by this ordinance.
2 . Each application for a site development permit shall
be made by the owner of the property or authorized
agent to the City Engineer on a form furnished for
that purpose. When a land disturbing activity is
proposed as a part of a building permit, the
application may be combined on one plan, in the number
of copies required by the City Engineer, showing both
building plans and site development plans. In such
instances, a professional engineer or land surveyor
shall certify as to the accuracy of the existing and
proposed grading.
C. Submissions
Each application shall be accompanied by the following
information:
1. Legend, scale, north arrow, project name, vicinity
sketch, acreage of site, and name address, phone
number of owner(s) , developer(s) and engineer(s) .
2 . Existing and proposed topography at minimum two (2)
foot contours extending one hundred ( 100) feet beyond
site boundaries . The City Engineer may require one
( 1) foot contours and additional spot elevations, for
flat areas, and areas within floodplains or
drainageways, etc. Areas with slopes greater than four
8
percent (4%) shall be highlighted on the existing
topography by shading.
3 . Predominant soil types and existing vegetative cover
from actual field identification.
4 . Existing and proposed road ditches, drainageways,
field tiles, storm drains, culverts, outfalls, and
stockpiles .
5 . Location of existing and proposed buildings,
structures, utilities, water bodies, floodplains,
wetlands, trees and shrubs, drainage facilities, paved
areas, right-of-way, easements and any other
significant natural and man-made features on the site
and adjacent land within one hundred ( 100) feet of the
site boundary.
6 . Septic area designation, where required.
7 . Limits of disturbance by clearing, grading, dredging,
excavating, filling, trenching, etc.
8 . Delineate areas of permanent and temporary
stabilization. Include seeding mixtures and rates, sod
specifications and method of anchoring, method of
seedbed preparation, expected seeding dates, type and
rate of fertilizer and lime application, and type and
recommended method of mulching for both temporary and
permanent vegetative control measures, and types of
non-vegetative stabilization measures .
9 . Location of all proposed sediment control measures .
10 . Design specifications of all runoff control measures,
including sediment basins and traps, diversions,
forebays, waterways, and outlets .
11 . Standard details of all sediment control measures,
including computations for sediment basin and trap
efficiencies and runoff volumes .
12 . Design specifications to prevent tracking of soil off
site from the land disturbing activity, including
temporary gravel surfaced staging areas and access
driveway.
13 . Location of stockpile(s) and recommended method of
stabilization.
14 . Off-site waste or borrow quantities, location, and
recommended methods of stabilization.
9
15. Phasing of development site including:
a. Clearing and stripping,
b. Rough grading and underground construction,
c. Paving and final grading, and
d. Landscaping.
Phasing should identify the areas of the site being
disturbed and sequence of disturbance, the expected
date in which clearing of eacharea will begin, the
estimated duration of exposure of cleared areas, the
sequence of installation and removal of temporary
sediment control measures, installation of storm
drainage, paving streets and parking areas,
establishment of temporary and permanent vegetative
cover, and any other phases important to the project.
16 . Engineer's opinion of probable cost for stabilization,
erosion and sediment control measures and maintenance.
17 . Name, address, and phone number of the person who will
have legal responsibility for maintenance of erosion
control structures and measures during development
until site is stabilized.
18. The submittal should be prepared in accordance with
the standards and requirements contained in the
following publications and which should also be
referenced to on the plans :
a. "Procedures and Standards for Soil Erosion and
Sedimentation Control in Northeastern Illinois"
(Revised July 1988) prepared by the Northeastern
Illinois Erosion and Sedimentation Control
Steering Committee;
b. "Standards and Specifications for Soil Erosion
and Sediment Control" ( 1087) prepared by the
Illinois Environmental Protection Agency;
c. Standard specifications for "Road and Bridge
Construction" , latest edition, prepared by the
Illinois Department of Transportation.
The City may waive specific requirements for the content of
submissions upon finding that the information submitted is
sufficient to show that the work will comply with the objectives
and principles of this ordinance.
10
D. Review and Acceptance.
Each application for a site development permit shallbe
reviewed and acted upon according to the following procedures :
1 . The City will review each application for a site
development permit to determine its conformance with
the provisions of this ordinance. The City may also
refer any application to any other government or
public agency within whose jurisdiction the site is
located for review and comment. Within thirty (30)
days after receiving an application, the City Engineer
shall in writing:
a. Accept the permit application if it is found to
be in conformance with the provisions of this
ordinance and issue the permit; or
b. Accept the permit application subject to such
reasonable conditions as may be necessary to
secure substantially the objectives of this
ordinance and issue the permit subject to these
conditions; or
c. Disapprove the permit application indicating the
deficiencies and the procedures for submitting a
revised application and/or submittal .
2 . No site development permit shall be issued for an
intended development site unless :
a. The development, including but not limited to
subdivisions and planned unit developments, has
been bound by the City to be acceptable for
construction, or
b. Such permit is accompanied by or combined with a
valid building permit issued by the City, or
c. The proposed earth moving is coordinated with an
overall development program previously approved
by the City for the area in which the site is
situated; and
d. All relevant local, county, state, federal
permits ( i .e. : floodplains, floodways, utility
construction and wetlands) have been received for
that portion of the site subject to a site
development permit.
3 . Failure of the City to act on an original or revised
application within sixty (60) days of receipt shall
authorize the applicant to proceed in accordance with
11
the plans as filed unless such time is extended by
agreement between the City and the applicant. Pending
preparation and approval of revised plans, development
activities shall be allowed to proceed in accordance
with conditions established by the City.
E. Expiration of Permit.
A site development permit shall expire and become null and
void if the work authorized by such permit has not been
commenced within one hundred and eighty ( 180) days, or is not
completed by a date which shall be specified in the permit;
except, when the permit holder presents satisfactory evidence
that unusual difficulties have prevented work from being
commenced or completed within the specified time limits; then
the City Engineer grant a reasonable extension of time if
written application is made ten ( 10) business days before the
expiration date of the permit. The City may require modification
to the site development plan to prevent any increase in erosion
or off-site sediment runoff resulting from any extension.
F. Responsibility.
The permittee shall not be relieved of responsibility for
damage to persons or property otherwise imposed by law, and the
City or its officers or agents will not be made liable for such
damage, by
1 . The issuance of a permit under this ordinance,
2 . Compliance with the provisions of that permit or with
conditions attached to it by the City,
3 . Failure of City officials to observe or recognize
hazardous or unsightly conditions,
4 . Failure of City officials to recommend denial of or to
deny a permit, or
5 . Exemptions from the permit requirements of this
ordinance.
G. Storage of Plans .
Plans, specifications and reports for all site developments
shall be retained in original form or on microfilm by the City
Engineer.
H. Applicability.
The .-equirements of this section shall not be applicable to
any site application filed prior to the effective date of this
ordinance.
12
21.20.040 DESIGN STANDARDS AND REQUIREMENTS.
A. Erosion and Other Pollutant Control Requirements .
1 . For disturbed areas draining less than one ( 1) acre,
filter barriers ( including rock check dams, filter
fences, straw bales, or equivalent control measures)
shall be constructed to control all runoff from the
site as specified in referenced handbooks . Vegetative
filter strips, with a minimum width of twenty-five
(25) feet, may be used as an alternative only where
runoff in sheet flow is expected.
2 . For disturbed areas draining more than one ( 1) but
less than five (5) acres, a sediment trap or
equivalent control measure shall be constructed at the
down slope point of the disturbed area.
3. For disturbed areas draining more than five (5) acres,
a sediment basin or equivalent control measure shall
be constructed at the down slope point of the
disturbed area.
4 . Sediment traps, barriers and basins shall be
constructed and functional prior to initiating land
disturbing activity. Earthen structures such as dams,
dikes, and diversions must be seeded and mulched
within seven ( 7) days of installation.
5. Sediment basin and sediment trap designs shall provide
for both detention storage and sediment storage. The
detention storage shall be composed of equal volumes
of "wet" detention storage and "dry" detention storage
and each shall be sized for the two (2 ) year,
twenty-four (24) hour runoff from the site under
maximum runoff conditions during construction. The
release rate of the basin shall be the rate required
to achieve minimum detention times of at least ten
( 10) hours . The elevation of the outlet structure
shall be placed such that it only drains the dry
detention storage and the outlet discharges at a
stable location.
6 . The sediment storage shall be sized to store the
estimated sediment load generated from the site over
the duration of the construction period with a minimum
storage equivalent to the volume of sediment generated
in one ( 1) year. For construction periods exceeding
one ( 1) year, the one ( 1) year sediment load and
sediment removal schedule may be substituted.
7 . Stormwater conveyance channels, including ditches,
swales, and diversions, and the outlets of all
13
channels and pipes shall be designed and constructed
to withstand the expected flow velocity from the
design storm without erosion. All constructed or
modified channels shall be stabilized within
forty-eight (48) hours, with the following standards :
a. For grades up to four percent (4%) , seeding in
combination with mulch, erosion blanket or mat,
or an equivalent control measure shall be
applied. Sod or erosion blanket or mat shall be
applied to the bottom of the channel .
b. For grades of four to eight percent (4% to 8%) ,
sod or an equivalent control measure shall be
applied in the channel .
c. For grades greater than eight percent (8%) , rock
riprap or an equivalent control measure shall be
applied, or the grade shall be effectively
reduced using drop structures or rock ditch
checks .
8. Disturbed areas shall be stabilized with temporary or
permanent measures within seven (7) calendar days
following the end of active disturbance, consistent
with the following criteria:
a. Appropriate temporary or permanent stabilization
measures shall include seeding, mulching,
sodding, and/or non-vegetative measures .
b. Areas having slopes of greater than twelve
percent ( 12%) shall be stabilized with sod,
erosion blanket or mat in combination with
seeding, or equivalent.
9 . Land disturbing activities in stream channels shall be
avoided, where possible. If disturbance activities
are unavoidable, the following requirements shall be
met:
a. Construction vehicles shall be kept out of the
stream channel to the maximum extent practicable.
Where construction crossings are necessary,
temporary crossings shall be constructed of
non-erosive material, such as riprap or gravel .
b. The time and area of disturbance of stream
channels shall be kept to a minimum. The stream
channel, including bed and banks, shall be
stabilized within forty-eight (48) hours after
channel disturbance is completed, interrupted, or
stopped.
14
c. Whenever channel relocation is necessary, the new
channel shall. be constructed and fully stabilized
before flow is diverted.
10 . Storm sewer inlets and culverts shall be protected by
sediment traps or filter barriers meeting accepted
design standards and specifications .
11 . Soil storage piles containing more than ten ( 10) cubic
yards of material shall not be located with a down
slope drainage length of less than twenty-five (25)
feet to a roadway, drainage channel or water body.
Filter barriers, including filter fence, straw bales
or equivalent, shall be installed immediately on the
down slope side at the base of the piles . If remaining
for more than fifteen ( 15) days, they shall be
stabilized by vegetative cover, mulching, or other
means.
12 . If dewatering devices are used, discharge locations
shall be protected from erosion. All pumped discharges
shall be routed through appropriately designed
sediment traps or basins, or equivalent.
13 . Each site shall have graveled (or equivalent) entrance
roads, access drives and parking areas of sufficient
width and length to prevent sediment from being
tracked onto public or private roadways . Any sediment
reaching a public or private road shall be removed by
street cleaning (not flushing) before the end of each
workday and transported to a controlled sediment
disposal area.
14 . All temporary and permanent erosion and sediment
control practices must be maintained and repaired as
needed to assure effective performance of their
intended function.
15. All temporary erosion and sediment control measures
shall be disposed of within thirty (30) days after
final site stabilization is achieved with permanent
soil stabilization measures . Trapped sediment and
other disturbed soils resulting from the disposition
of temporary measures should be permanently stabilized
to prevent further erosion and sedimentation.
B. Standards Adopted by Reference.
The submissions shall be prepared in accordance with the
standards and specifications contained in the following
publications:
1 . "Procedures and Standards for Urban Soil Erosion and
Sedimentation Control in Illinois" (Revised July 1988)
15
prepared by The Urban Committee of the Association of
Illinois Soil and Water Conservation Districts" .
2 . "Standards and Specifications for Soil Erosion and
Sediment Control" ( 1987 ) prepared by the Illinois
Environmental Protection Agency.
3. "Standard Specifications for Road and Bridge
Construction" , Latest edition prepared by the Illinois
Department of Transportation.
These publications are hereby incorporated into this
ordinance and made a part hereof by reference, for the purpose
of exemplifying the considerations and factors which should
enter into the preparation of a site development plan. In the
event of conflict between provisions of said manuals and of this
ordinance, the more restrictive provisions shall govern.
C. Applicability of Provisions .
The requirements of this section shall not be applicable to
any site application filed prior to the effective date of this
ordinance.
21.20.050 CONSTRUCTION PROCEDURES AND REQUIREMENTS.
A. Applicability.
All land disturbing activity not specifically exempted by
the provisions of this ordinance shall be subject to the
applicable standards and requirements set forth in this
ordinance.
B. Maintenance of Control Measures.
All soil erosion and sediment control measures necessary to
meet the requirements of this ordinance shall be maintained
periodically in accordance with acceptable schedule by the
applicant or subsequent landowner during the period of land
disturbance and development of the site in a satisfactory manner
to ensure adequate performance.
C. Construction Observations .
The City and/or designated project engineer shall observe
and inform the applicant of deficiencies for that portion of
work that fails to comply with the site development plan as
approved. Where it is found by observation that conditions are
not substantially as stated or shown in said plan, the City
Engineer may stop further work until a revised site development
plan conforming to the existing conditions is found to be
acceptable to the City.
16
Observations shall be in accordance with the following
schedule, and the permittee shall notify the City Engineer at
least two (2) working days before said observation is to be made:
1 . Prior to proceeding with any land disturbance and upon
completion of installation of sediment and runoff
control measures ( including perimeter controls and
diversions) ,
2 . After stripping and clearing,
3 . After rough grading,
4 . After final grading,
5 . After seeding and landscaping deadlines, and
6 . After final stabilization and landscaping, prior to
removal of sediment controls .
If land disturbing activities are to be done in phases or
areas, the permittee shall give notice and request construction
observation at completion of each of the above work stages in
each phase or area. If an observation is not made and
notification of the results given within ten ( 10) working days
after notice is received by the City from the permittee, the
permittee may continue work at their own risk, without presuming
acceptance by the city. Notification of the results of the
inspection shall be given in writing at the site.
D. Special Precautions .
1 . If at any stage of site development the City Engineer
determines by construction observation that the nature
of the site is such that further work as authorized by
an existing permit is likely to imperil any property,
public way, watercourse, stream, lake, wetland, or
drainage structure, the City Engineer, shall advise
and may require as a condition of allowing the work to
continue, that certain reasonable special precautions
be taken as is considered advisable to avoid the
likelihood of such peril . "Special precautions" may
include, but shall not be limited to, specifying a
more level exposed slope; construction of additional
erosion control or drainage facilities, berms,
terracing, compaction, or cribbing; installation of
plant materials for . erosion control; and
recommendations of a soils engineer, engineering
geologist or biologist may be made part of the
requirements for further work.
2 . Where it appears that storm damage may result because
the grading on the development site is not adequate,
work may be stopped and the permittee required to
17
install temporary structures or take such measures as
may be required to protect adjoining property or the
public safety. On large developments or where unusual
site conditions prevail, the City Engineer, may
specify the time of grading and time of completion or
may require that the operations be conducted in
specific stages so as to insure completion of
protective measures or devices prior to the advent of
seasonal rains .
E. Retention of Plans and Permit.
Site development plans bearing the approval of the City
Engineer, shall be maintained on the site during the progress of
the work. The permittee shall post the permit issued in a
location visible during construction.
F. Amendment of Plans .
Major amendments of the site development plans shall be
submitted to the City Engineer and shall be processed and
accepted or disapproved in the same manner as the original
plans . Field modifications of a minor nature may be authorized
by the City Engineer, by written authorization to the permittee.
21.20.060 FEES, BONDS, APPEALS, EXCEPTIONS, SUSPENSION,
REVOCATION, NUISANCES, VIOLATIONS AND PENALTIES,
SEPARABILITY AND INCLUSIVITY.
A. Fees .
Filing fees for site development permits and services shall
be set from time to time by the City Council as shown in Exhibit
"A" .
B. Bonds .
The owner or his agent will be required to file with the
City Engineer a performance bond, letter of credit or other
improvement security satisfactory to the City, in the amount of
one hundred and ten percent ( 110%) of the design engineer' s
opinion of cost or other amount deemed sufficient by the City
Engineer. This is to cover all the costs of improvements,
landscaping, maintenance of improvements and landscaping, soil
erosion and sediment control measures, and construction
engineering and construction observation costs for a period
equal to the estimated time to complete the work as specified
under the site development permit. The performance bond or
letter-of-credit shall contain language which states that the
bond cannot expire without the City receiving written notice, by
certified mail, 60 days prior to the expiration date.
18
C. Exceptions .
The City Engineer may, in accordance with the following
procedures, authorize exceptions to any of the requirements and
regulations set forth in this ordinance.
1 . Requests for any exception shall be made by the
applicant of a site development permit, stating fully
the grounds of the exception and the facts relied upon
by the applicant. Such requests shall be filed with
the site development permit application. In order for
the exception to be granted, it shall be necessary
that the City Engineer find all of the following facts
with respect to the land referred to in the exception
request:
a. That the land of record is of such shape or size
or is affected by such physical conditions or is
subject to such title limitations that it is
impossible or impractical for the applicant to
comply with all of the requirements of this
ordinance;
b. That the exception is necessary for the
preservation and enjoyment of a substantial
property right of the applicant; and
c. That the granting of the exception will not be
detrimental to the public welfare or injurious to
other property in the vicinity of the subject
property.
2 . Each request for an exception shall be referred to the
City Engineer who in turn shall review such
recommendations prior to granting or denying the
exception.
D. Appeals from Permit Issuance or Denial .
The City Engineer' s decision regarding any site development
application is considered final .
E. Suspension or Revocation of Permit.
In the event any permittee holding a site development
permit pursuant tothis ordinance violates the terms of the
permit, or carries on site development in such a manner as to
adversely affect the health, welfare, or safety of persons
residing or working in the area of the development site or so as
to be materially detrimental to the public welfare or injurious
to property or improvements in the area, the City Engineer may
suspend or revoke the site development permit.
Suspension of a permit shall be a written stop-work order
issued by the City Engineer and delivered to the permittee or
19
agent or the person performing the work. The stop-work order
shall be effective immediately, shall state the specific
violations cited, and shall state the conditions under which
work may be resumed. A stop-work order will remain in effect
until the applicant can demonstrate that all conditions of the
above stop work order have been corrected to the satisfaction of
the City Engineer.
F. Nuisances .
This ordinance shall not be construed as authorizing any
person, partnership, corporation, government agency or school
district to maintain a private or public nuisance upon their
property, and compliance with the provisions of this ordinance
shall not be a defense in any action to abate such nuisance.
G. Violations and Penalties .
No person, partnership, corporation, government agency or
school district shall perform any land disturbing activities, or
cause the same to be done, contrary to or in violation of any
terms of this ordinance. Any person, partnership, corporation,
government agency or school district violating any of the
provisions of this ordinance shall be deemed guilty of a
misdemeanor, and each day during which any violation of any of
the provisions of this ordinance is committed, continued, or
permitted shall constitute a separate offense. Upon conviction
of any such violation, such person, partnership, corporation,
government agency or school district shall be punished by a fine
not more than one thousand dollars ($1,000. 00) for each offense.
Each day shall be construed as an separate offense. In addition
to any other penalty authorized by this section, any person,
partnership, corporation, government agency or school district
convicted of violating any of the provisions of this ordinance
shall be required to restore the site to the condition existing
prior to commission of the violation, or to bear the expense of
such restoration.
H. Separability.
The provisions and sections of this ordinance shall be
deemed to be separable, and the invalidity of any portion of
this ordinance shall not affect the validity of the remainder.
J. Inclusivity.
This ordinance shall be enforced in conjunction with other
City ordinances as appropriate. Other City ordinances, if
requiring the use of this ordinance, shall do so including this
ordinance.
20
21.20.070 EXHIBITS
Exhibit "A"
SOIL EROSION AND SEDIMENT CONTROL ORDINANCE
FEES
A. Filing fees for site development permits and services shall
be as follows:
1. Less than one acre of disturbance $100 . 00
2 . One to five acres of disturbance $150 . 00
3 . Disturbed areas of more than five acres $200 . 00
B. Re-examination fees shall be as follow:
1 . Less than one ( 1) acre - where the first site
development plan is rejected due to inadequate or
unacceptable design, and additional fee of fifty
dollars ($50 . 00) shall be paid before a second review
is made. Where a site development plan is rejected a
second time due to inadequate or unacceptable design,
an additional fee of seventy-five dollars ($75 . 00)
shall be paid before the third review or each
succeeding review is made.
2 . One ( 1) to five (5) acres - where the first site
development plan is rejected due to inadequate or
unacceptable design, and additional fee of seventy-
five dollars ($75 . 00) shall be paid before a second
review is made. Where a site development plan is
rejected a second time due to inadequate or
unacceptable design, an additional fee of one hundred
dollars ($100 . 00) shall be paid before the third
review or each succeeding review is made.
3. Areas of more than five (5) acres - where the first
site development plan is rejected due to inadequate or
unacceptable design, and additional fee of one hundred
dollars ( $100 . 00) shall be paid before a second review
is made. Where a site development plan is rejected a
second time due to inadequate or unacceptable design,
an additional fee of one hundred twenty-five dollars
($125 . 00) shall be paid before the third review or
each succeeding review is made.
Section 2 . The Elgin Municipal Code, 1976, as amended, be
and is further amended by deleting Chapter 18.40 entitled
"Erosion and Sedimentation Control" .
21
Section 2 . That Elgin Municipal Code, 1976, as amended, be
and is further amended by deleting Chapter 18 .40 entitled
"Erosion and Sedimentation Control" .
Section 3 . That Title 21 entitled "Flood Hazard Areas" be
and is hereby renamed "Stormwater Management" .
Section 4 . That Title 21 entitled "Flood Hazard Areas" be
and is hereby redesignated as Chapter 21 . 10 .
Section 5 . That all ordinances or part of ordinances in
conflict with the provisions of this ordinance be and are hereby
repealed.
Section 6 . That this ordinance shall be in full force and
effect ten days after its passage and publication in the manner
provided by law.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: March 23, 1994
Passed: March 23, 1994
Omnibus Vote: Yeas 7 Nays 0
Recorded: March 24, 1994
Published: March 24, 1994
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
22
•
' 111
<r1/41_:1411k.:,-;;11
1 Agenda Item No.
91.1
M1�.
\t0 Pt/
ss
February 9, 1994
TO: Mayor and Members of the City Council
FROM: Robert O. Malm, Interim City Manager
SUBJECT: Soil Erosion and Sedimentation Control
PURPOSE
This memorandum transmits the proposed Soil Erosion and Sedi-
mentation Control Ordinance.
BACKGROUND
At the direction of the City Council, the Engineering Division
of the Public Works Department has prepared a draft ordinance
concerning soil erosion and sedimentation control. The ordi-
nance is modeled after Kane County's regulations and features
specifications for plans and permits, design standards and
requirements, and construction procedures and requirements.
The City Council referred the draft ordinance to the Planning
and Development Commission for their review and comment earli-
er this fall (see the draft ordinance) .
The Planning and Development Commission requested that the
Planning Department arrange for a special public meeting in
consideration of the draft ordinance. Accordingly, a meeting
date was set for December 6, 1993, a public notice was placed
in the newspaper, copies of the draft ordinance were made
available in the Planning Department and in the Gail Borden
Public Library, and a copy of the draft ordinance was sent to
the Fox Valley Home Builders Association.
FINANCIAL IMPACT
The fee structure included in the proposed ordinance is de-
signed and intended to cover administrative costs asssociated
with implementation.
r
Soil Erosion and Sedimentation Ordinance
February 15, 1994
Page 2
LEGAL IMPACT
None.
RECOMMENDATION
The Planning and Development Commission held a public meeting
in consideration of the Draft Soil Erosion and Sedimentation
Control Ordinance on December 6, 1993. Testimony was given by
the Planning Department and by the Engineering Division of the
Public Works Department. No objectors to the draft ordinance
appeared at the meeting (see the transcript of the special
public meeting of December 6, 1993) .
Accordingly, the Planning and Development Commission recom-
mended the passage of the Draft Soil Erosion and Sedimentation
Control Ordinance by unanimous consensus .
141
Ilk l;� __ .
Al
Robert O. Malm, Interim City Manager
RKD/JTD/jd
r
•
in
Agenda Item No.
v ,
44,„,:1„,op
July 20, 1993
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Larry L. Rice, City Manager
SUBJECT: Discussion of Proposed Ordinance for
Soil Erosion and Sediment Control
PURPOSE: To consider an amendment to Chapter 18.40 Erosion and
Sedimentation Control of the City Code.
DISCUSSION: The current City Code 18.40 which addresses erosion
and sedimentation is contained in Section 18, Subdivisions, a
copy of which is attached.
The reference referred to in the Code, Procedures and Standards
for Urban Soil Erosion and Sedimentation Control in Illinois, is
an engineering manual which provides standards for engineers in
the development of erosion control plans. This manual is too
extensive to copy as an attachment to this Council Memorandum,
but will be available for review during the discussion of this
issue.
Attached is a copy of Article II, Erosion and Sedimentation
Control, which is a part of Chapter 9 of the Kane County Code,
and a copy of paragraph J. , Soil Erosion and Sediment Control,
which is a portion of the Lake County Watershed Development
Ordinance.
Attached, finally, is a copy of the Illinois Environmental
Protection Agency's, National Pollutant Discharge Elimination
System for Construction Site Activities .
The attachments provide features which are not currently a part
of the City's Code. Minimum additions to the City Code should
consider the following•:
1 . Erosion and sediment controls need to apply to all
construction activities within the City, not just to
subdivisions.
2 . Outline engineering standards and features need to be
developed in addition to the manual of practice referenced
in the current City Code.
Mayor and Members of
the City Council
July 20, 1993
Page 2
3. Erosion and sediment control plans need to be received for
all construction activities and reviewed for compliance by
the City and a permit issued as appropriate.
4 . An inspection program needs to developed and implemented.
5. A procedure needs to be established to rectify inadequate
or damaged erosion and sediment control facilities .
6 . An enforcement procedure should be developed.
FINANCIAL IMPACT: Erosion and Sediment Control plans are
currently reviewed as a component of the site plans for
development projects. However, no attempt is currently made to
ensure that erosion and sediment control facilities are
maintained during the life of the development project.
To make routine compliance inspections as well as to make an
inspection of all construction sites after a moderate rain event
will require additional engineering and inspection staffing.
RECOMMENDATION: _Discussion and guidance to staff.
Larry Rice ty Manager
Attachments
do
Attachment
•
I"
•
•
18.40.010 Subdivisions 18.40.010
Chapter 18.40
EROSION AND SEDIMENTATION CONTROL4
Sections:
18.40.010 Purpose of provisions. �.
18.40.010 Purpose of provisions.
It is recognized that excessive quantities of soil may erode from areas
that are undergoing development. Soil erosion causes the following i
problems: 't
A. Decreases safety on roadways by'reducing traction of vehicles;
B. Necessitates costly repairs of gulleys and embankments;
C. Obstructs storm and sanitary sewers;
D. Pollutes and silts waterways;
rik E. Destroys fish and other aquatic life;
F. Creates additional costs for removal from roads, sewers, and water-
ways;
G. Reduces the capacity of storm sewers and waterways which increases
the possibility and severity of flooding.
It is the intent of this chapter to-provide minimum standards and
procedures to protect persons,property and the environment from damage
resulting from excessive erosion:The-development of all properties shall be
subject to the provisions contained in the Procedures and Standards for
Urban Soil Erosion and Sedimentation Control in Illinois, published by
the Northeastern Illinois Soil Erosion and Sedimentation Control Steering
Committee,dated October 1981,and as amended from time to time.(Ord.
G68-84 § 6, 1984.)
r
FtoM Ch / 7Ler I', 0 �7
Coul1 C0 de
r' fi 9-2 KANE COUNTY CODE /
- .ec. 9-2. Review of building permit appli- : ers, and require on-site waste disposal sys s
cations for flood protection meas- to b- ocated so as to avoid impairment oft mor
ures. contam •ation from them during flooding. •s.No.
e building officer shall review all building p r-
76-98,§3, ' 13-76)
mit : •plications for new construction or subs :n-
Cross refere e—Sewers and sewage dis 1,Ch.18.
tial i •rovements to determine whether pro•.sed Sec. 9-5. Applic: ion of flo• • plain regula-
buildin• sites will be reasonably safe from flo-ding. tion stan• :rds t' •uilding,zoning
If a pro.•sed building site is in a location the has a and subdivi . • regulations.
flood h. . d,any proposed new constructio- or sub-
stantial i •rovement(including prefabri•:ted and In the administration •f th• •uilding ordinance,
mobile hom-s)must: zoning ordinance an. ubdivisio egulations, the
development depa ent shall ap• flood plain
(a) Be desi: ed (or modified)and anc •red to pre- regulation stand. ••s to the special flood .rd areas
vent flota 'on,collapse,or lateral •ovement of as designated ' the U.S. Department o ousing
the structu e; and Urban I -velopment,Federal Insurance A. in-
(b) Use construe ion materials a a utility equip- istration. 'es.No.76-98,§4,7-13-76)
- ment that are esistant to fib, a damage;and Cross eferences—Buildings,Ch.6;subdivisions,Ch. 19,
ronin• App.B.
(c) Use constructi• methods nd practices that
will minimize fl•.d damag . (Res.No.76-98,§ •cs. 9-6-9-15. Reserved.
1,7-13-76)
Sec. 9-3. Review of .u division proposals ARTICLE II.EROSION AND
E to eliminat exposure to flood SEDIMENTATION CONTROL
hazards.
The development de .rt ent shall review sub- DIVISION 1.GENERALLY
division proposals and other .roposed new devel- Sec. 9-16. Findings of fact and purpose.
opments to assure the .
(a) All such propos s are consi• ent with the need (a) The county board finds as follows:
to minimize fl.•. damage; (1) That excessive quantities of soil are eroding
(b) All public ut' hies and facilitie such as sewer, from areas that are undergoing development
gas, electri • , and water syste s are located, for certain non-agricultural uses,including but
elevated,a d constructed to min • ize or elim- not limited to,the construction of dwelling units,
inate fl•• damage;and commercial buildings and industrial plants,the
building of roads and highways, and the cre-
(c) Adequa • drainage is provided so : to reduce ation of recreational facilities;
expos e to flood hazards.(Res.No. 6-98,§2, (2) That the washing,blowing,and falling of eroded
7-13- .)
Cross r- erence Subdivisions,Ch 19. soil across and upon roadways endangers the
health and safety of users thereof by decreas-
Sec. 4. Water or sewer systems to u 'lize ing vision and reducing traction of road vehicles;
flood-reduction measures. (3) That said soil erosion necessitates the costly
•
e development department shall require n w repairing of gulleys, washed-out fills, and
or -placement water supply systems and/or san - embankments;
sewage systems to be designed to minimize o (4) That the sediment from said soil erosion tends
aminate infiltration of flood waters into the sys- to clog sewers and ditches and to pollute and
•ms and discharges from the systems into flood silt the rivers,streams,lakes,and reservoirs;
Supp.No.17
568
DRAINAGE,FLOOD,ETC.,CONTROL 4 9-18
•
(5) That said sediment limits the use of water and replaced, pushed, dumped, pulled, transported or
waterways for most beneficial purposes,destroy- moved by man to a new location and shall include
ing fish and other aquatic life, and that said the conditions resulting therefrom.
sediment is costly and difficult to remove;and Grading means excavation or fill or any combi-
(6) That said sediment reduces the channel capac- nation thereof and shall include the conditions re-
ity of waterways,resulting in greatly increased suiting from any excavation or fill.
chances of flooding at grave danger to public Land surveyor means a registered surveyor of
health and safety.
this state.
•
(b) The county board therefore declares that the Parcel means all contiguous land in one ownership.
purposes of this article are to provide minimum
standards to safeguard persons,and to protect prop- Permittee means any person to whom a site de-
erty and prevent despoliation of the environment, velopment permit is issued.
and to promote the public welfare, by regulating Person means any person, firm or corporation,
and controlling the design,construction,quality of
materials and use and maintenance of any devel-
public or private,the state and its agencies or polit-
opment or other activity except farming which dis- ical subdivisions,and the United States of America,
turbs or breaks the topsoil or otherwise results in its agencies and instrumentalities, and any agent,
the movement of earth on land situated in the coign- servant,officer or employee of any of the foregoing.
ty.(Res.No.79-133,Art.I,7-10-79) Removal means cutting vegetation to the ground
or stumps,complete extraction,or killing by spraying.
Sec. 9-17. Definitions. Site means a lot'or parcel of land,or a contiguous
As used in this article the following terms shall combination thereof,where grading work is performed
have the meanings respectively assigned to them as a single unified operation.
below Site development means altering terrain or vege-
Building permit means a permit issued by the tation and construction driveways.
county for construction,erection,or alteration of a Site development plan means a plan prepared
structure of building.
by an engineer that shows the methods,control and
Certify or certification means the specific inspec- implementation of erosion measures,storm runoff,
tions and tests where required have been performed, and/or grading of lands for the construction of build-
and that such tests comply with the applicable re- ings and other necessary improvements.
quirements of this article. Vacant means land on which there are no struc-
Cubic yards means the amount of material in tures or only structures which are secondary to the
excavation or fill measured by the method of"aver- use of maintenance of the land itself. (Res. No.
age end areas." 79-133,Art.II,7-10-79)
Engineer means a registered engineer in the state.
Excavation means any act by which organic mat- Sec. 9-18. General criteria and standards.
ter, earth, sand, gravel, rock or any other similar The following general principles shall apply to
material is cut into, dug, quarried, uncovered, re- any movement of earth and any sedimentation and
moved,displaced,relocated or bulldozed and shall erosion control plan and the granting of a permit
include the conditions resulting therefrom. for the execution of said plan as herein provided:
Existing grade means the vertical location of the
existing ground surface prior to excavation of filling. (1) Temporary vegetation or, where appropriate,
mulching or other non-viable cover shall be
Fill means any act by which earth,sand,gravel, used to protect areas exposed during develop-
rock, or any other material is deposited, placed, ment.
569
§9-18 KANE COUNTY CODE
410.1` �r 1
(2) Sediment basins,debris basins,desilting basins, (2) That the exception is necessary for the preser-
or silt traps shall be installed and maintained vation and enjoyment of a substantial property
to remove sediment from run-off waters from right of the applicant.
land undergoing development.
(3) That the granting of the exception will not be
(3) Provisions shall be made to effectively accom- detrimental to the public welfare or injurious
modate the increased run-off caused by changed to other property in the vicinity of the subject
soil and surface conditions during and after property.
development.
(d) Each proposed exception shall be referred to
(4) Permanent, final plant covering or structures the officers or agencies involved and such officers
shall be installed as soon as possible. or agencies shall transmit to the development com-
(5) The plan of development shall relate to the mittee their recommendations,which recommenda-
topography and soils of the site so that the tions shall be reviewed prior to the granting of any
lowest potential for erosion is created,and nat- exception.
ural plant covering is retained. (Res.No.79-133, (e) After review of the exception request the de-
Art.III,7-10-79) velopment committee, by resolution, may approve
the site development permit application with the
Sec. 9-19. Nuisances. exceptions and conditions it deems necessary or it
This article shall not be construed as authorizing may disapprove such site development permit ap-
any person to maintain a private or public nuisance plication and exception application or it may take
upon their property,and compliance with the pro- such other action.as is appropriate.(Res.No.79-133,
visions of this article shall not be a defense in any Art.VI(A),7-10-79)
action to abate such nuisance. (Res. No. 79-133, Sec. 9-21. Violations.
Art.VI(D),7-10-79)
No person shall construct, enlarge, alter, repair
Sec. 9-20. Exceptions. or maintain any grading,excavation or fill,or cause
(a) The county development committee may au- the same to be done, contrary to or in violation of
thorize exceptions to any of the requirements and any provisions of this article.(Res.No.79-133,Art.
VI(E),7-10-79) •
regulations set forth in this article.
(b) An application for any exception shall be made Secs. 9-22-9-30. Reserved.
by filing with the plat officer a letter stating fully
the grounds of the application and the facts relied DIVISION 2.PERMITS,INSPECTIONS,ETC.
upon by the applicant. Such letter shall be filed
with the site development permit application. Sec. 9-31. Permit required.
(c) In order for the land referred to in the appli- (a) Before land is cleared, graded, transported,
cation to come within the provisions of this section, or otherwise disturbed by the movement of earth
it shall be necessary that the development commit- for purposes including,but not limited to,the con-
tee find all of the following facts with respect thereto: struction of buildings, the mining of minerals, in-
(1) That the land is of such shape or size or is cluding sand and gravel, the development of golf
affected by such physical conditions or is sub- courses, and the construction of roads and streets
ject to such title limitations or record that it is by any person, within the county, a site develop-
impossible or impractical for the subdivider to ment permit or building permit embodying the pro-
comply with all of the regulations of this posed earth movement shall be obtained from the
ordinance. county plat officer or building officer,where devel-
r
C
570
T �
DRAINAGE,FLOOD,ETC.,CONTROL §9.32
t
opment falls under any one or more of the following (c) No exception from subsection(a)hereof shall
provisions,unless such developments are exempted be granted to any applicant who intends to move in
therefrom: excess of five hundred (500)cubic yards of materi-
al.(1) Excavation, fill or any combination thereof,
(Res.No.79-133,Art.IV,(A),(B),7-10-79)
which will exceed five hundred(500)cubic yards.
(2) Fill which will exceed three (3) feet in vertical Sec. 9-32. Permit application.
depth at its deepest point measured from the
natural ground surface. (a) No site development or building permit shall
be issued until said developer submits a site devel-
(3) Excavation will exceed four (4) feet in vertical opment plan, together with other submissions re-
depth at its deepest point. quired by this article.
(4) Excavation, fill, or any combination thereof (b) Each application for a site development per-
which will exceed an area of five thousand(5,000) mit shall be made by the owner of the property or
square feet. his authorized agent to the county plat officer on a
(5) Plant cover which is to be removed from an form furnished for that purpose. When grading or
area exceeding five thousand(5,000)square feet plant cover removal is proposed as a part of a build
on any vacant parcel of land or any parcel of ing permit application may be combined, and one
land in excess of ten(10)acres. plot plan, in the number of copies required by the
county plat officer,may be submitted showing build-
(b) A site development permit shall not be re- ing plans and site development plans. In such in-
quired for: stances,a registered land surveyor or engineer shall
(1) Basements or excavations below finished grade certify as to the accuracy of the existing and pro
for septic.tanks and drain fields,tanks,vaults, posed contour lines. Each application shall be ac-
companied by the following,unless the county plat
tunnels,equipment basements,swimming pools, officer,with the concurrence of the county superin-
cellars, or footings of buildings or structures tendent of highways and the county environment
for which a building permit shall have been director,finds any item unnecessary to insure com-
issued by the county,unless part of a develop- pliance with the provisions of this article.
ment which would otherwise require such a
permit. (c) With respect to site developments,a vicinity
(2) Excavation or removal of'vegetation in public
sketch,showing acreage of site, boundary line sur-
utility easements by public utility companies vey,zoning,type of proposed sewer and water facil-
for the purpose of installing underground ities, location of existing utilities, buildings and
utilities. known drains on and within one hundred (100)
(3) Tilling of the soil for fire protection purposes. feet of the site, together with a legend and scale.
There shall be included on or with such a vicinity
(4) Farming or other agricultural or conservation sketch:
enterprise and upon property zoned for farm- (1) A soil map of the subject property showing the
ing or agricultural purposes and uses: predominant soil types on the site.
a. the construction of sod waterways,or (2) Enough information on those areas abutting or
b. the construction of terraces,or adjacent to the site to show existing drainage
patterns and the drainage course that may af-
c. the construction of surface water diversions, fect,or be affected by the development of,the
or site.
d. the construction of grade stabilization struc- (3) The name and address of the developer or owner.
tures,or
(4) The name and address of any consulting firm
e. the tilling of the soil. retained by the applicant, together with the
Supp.Na 7
571
§9-32 KANE COUNTY CODE
name of applicant's principal contact at such hereby incorporated into this division and made a
firm. part hereof by reference,for purpose of exemplify-
(5) Limits of natural flood plain,if any. ing the considerations and factors which should enter
into the preparation of a site development plan.
(6) Areas to be sodded,seeded,mulched,or paved. (Res.No.79-133,Art.IV(B),7-10-79)
(7) Acreage of area to be vegetatively stabilized,if Sec. 9-33. Bonds.
any.
(8) Areas to be left undisturbed. The owner or his agent may be required to file
with the plat officer a faithful performance bond,
(d) With respect to site grading,existing topog- letter of credit or other improvement security satis-
raphy of the site and a one hundred(100)foot adja- factory in the amount deemed sufficient by the
cent peripheral strip, proposed contours or final county plat officer to cover all the costs of im-
grades,and street profiles;and indicating what mea- provements, landscaping, maintenance of land-
sures will be employed to protect cut and fill slopes scaping for such periods as specified by the county,
from surface run-off. engineering and inspection fees.(Res.No.79-133,
(e) Storm drainage by means of a plan based Art. IV(C), 7-10-79)
upon a competent storm drainage study,including • Sec. 9-34. Review.
a drainage area map and computations, and indi-
cating what conditions now prevail at proposed and To further the specific purposes of this article
natural outlets such as: the following permit review procedures are estab-
eiw (1) Whether the drainage course is bare earth or fished.
vegetated. (1) Where the aggregate volume of earth moving
(2) Whether the natural or proposed outlet is sub- on any site or contiguous group of site is in
ject to long term or continuous flow.
excess of two hundred fifty(250)cubic yards:
(3) Whether the existing outlet is actively eroding. a. The county plat officer shall refer the ap-
plication to the soil and water conserva-
(4) Whether there is evidence of a high water table tion district for review and recommenda-
(permanent or seasonal). tions. Such recommendations shall be sub-
(5) Whether the area is subject to seepage or spring mitted to the county plat officer within
thirty(30)days.
flow.
(6) The elevation of normal water level in all pro- b. Upon receipt of the recommendation of
the soil and water conservation district,
posed and natural outlets. and after consideration thereof,the county
(7) A profile below outlet for a sufficient distance plat officer, with the concurrence of the
to indicate the natural gradient of the accept- county superintendent of highways and the
ing natural outlet or stream channel. county environmental director, shall ap-
prove, with such reasonable conditions as
(8) A cross-section and profile of existing stream he may deem necessary to secure substan-
channels where applicable. tially the objectives of this article,or dis-
(9) A ditch design and computations for all seed- approve the application for the site devel-
ed, sodded, or bare earth outlets, ditches and opment.
similar water conduction facilities. c. Failure of the county plat officer to make
(f) The standards and specifications of"Erosions a determination upon the approval, con-
and Sediment Control Handbook, Kane County, ditional approval, or disapproval of the
Illinois,"First Edition,as compiled for the Kane- application for a site development permit
DuPage Soil and Water Conservation District, are within sixty (60) days after receipt of all
Supp.No.7
572
DRAINAGE,FLOOD,ETC.,CONTROL §9-76
(g) Include acreage of area to be vegeta- require,as a condition to allowing the work to be
tively established. done, that such reasonable safety precautions be
(h) Delineate areas to be left undisturbed. taken as he considers advisable to avoid the like-
(2) Site Grading:Show existing topography of lihood of such peril. "Special precautions" may
the site and a one hundred(100) foot adja- include, but shall not be limited to, specifying a
cent peripheral strip,proposed contours or more level exposed slope, construction of addi-
final grades, and street profiles. tional drainage facilities, berms, terracing, com-
paction, or cribbing, installation of plant mate-
(a) Are cuts and fills balanced? rials for erosion control,and reports of a registered
(b) Provide measures to protect cut and fill engineer whose recommendations may be made
slopes from surface runoff.(Res.No.79- requirements for further work.
133, Art.VI, 7-10-79)
(b) Where it appears that storm damage may
Secs. 9-43-9-50. Reserved. result because the grading is not complete, work
may be stopped and the permittee required to in-
stall temporary planting to control erosion, in-
DIVISION 3.'OPERATION STREQUIREMENANDARDS AND TS stall temporary structures or take such other mea-
sures as may be required to protect adjoining
property or the public safety. On large operations
•
Sec. 9-51. Compliance required. or where unusual site conditions prevail, the
All earth moving, grading and grading opera- county plat officer with the concurrence of the
tions not specifically exempted by the provisions county superintendent of highways and the county
of this article shall comply with the applicable environmental director may specify the time of
standards and requirements set forth in this divi-
sion in addition to the other requirements of this require that the operations be conducted in spe-
article. (Res. No. 79-133,Art. V(A), 7-10-79) cific stages so as to ensure completion of protec
tive measures or devices prior to the advent of
Sec. 9-52. Standards adopted by reference. seasonal rains.(Res.No.79-133,Art.V(C),7-10-79)
The standards and specifications of the report, Secs. 9-54-9-75. Reserved.
"Standards and Specifications for Soil Erosion and
Sediment Control," March, 1978 edition, are
hereby incorporated into this division and made a TICLE III. SPECIAL FLOOD 'D
part hereof by this reference for the purpose of AREAS*
delineating procedures and methods of operation
under development plans approved in this article.
In the event of conflict between provisions of said Sec. 9-76. •urpose.
"report" and other provisions of this article, the This article i enacted pursu- t to the police
more restrictive provisions shall govern.(Res.No. powers granted to his Kane ' •unty by Illinois
79-133,Art.V(B), 7-10-79) Revised Statutes, Ill. 'ev. .t. Ch. 34, sections
414,415,and 422.The p. •ose of this article is to
Sec. 9-53. Special precautions. maintain this Kane Co t - eligibility in the Na-
If at any stage of the grading the county Na-
tional Flood Insura • Progr- • ; to minimize po-
(a)plat officer determines by inspection that the na- *Editor's note—• d.No.91-221,§§100.'—1500.0,adopted
ture of the formation is such that further work as Oct. 8, 1991, did .•t specifically amend the •..e; hence, its
authorized by an existing permit is likely to im- inclusion herei. as superseding former provisi• contained
peril any property, public way, watercourse or in Art. III . at the discretion of the editor. .". former
provisions .•rtained to similar subject matter as the n. pro-
drainage structures, the county plat officer with visions d derived from Ord. No. 82-91, §§ 1-12, ad.• ed
concurrence of the county superintendent of high-
Feb. • 1982;Res.No.85-120,adopted Sept.10,1985;Ord.
ways and the county environmental director may 88-:,adopted Jan. 12, 1988.
Supp.No.23 575
PeVP
01 rid 6Y1 -
ARTIQLE IV: STORMWATER MANAGEMENT PERMITS
5) Constructed stormwater management features which
require a buffer may not be located such that
the required boundaries of buffer areas extend
into adjoining property or the ultimate
boundaries of public right-of-way as determin- .
.y the local road authority.
(6) I . an existing buffer area is disturbed du• ng
co _truction, the vegetated buffer strip _ all
be --established upon completion of
cons uction.
(7) Access hrough buffer areas shall be .rovided,
when nec -ssary, for maintenance purs•ses.
(8) Roadside d ainage ditches, channe - draining
twenty acre or less, conveyance systems between
on-site dete ion facilities, d-tention
facilities, a • transverse cr. -sings of public
road constructi•n projects a - exempt from
buffer requirem- .ts.
(9) Where practical, s ormwat- shall discharge into
a buffer area rathe tha• directly into a
watercourse. Such d -c arges shall enter the
buffer as unconcentra, -d flow with appropriate
energy dissipation m:: _ res to prevent excessive
erosion and scour.
(10) All buffer areas - all be ,aintained free from
rft development incl ding distu bance of the soil,
dumping or fil ng, erection of structures and
placement of . pervious surfa, es except as
follows:
(a) A bu - er area may be used •r passive
rec eation (e.g., birdwatch , g, walking,
jo_ging, bicycling, horsebac riding and
cnicking) and it may contai pedestrian,
•icycle or equestrian trails, • ovided
that the created path is no wide than ten
(10) feet. If the path leads to
wetland, it must be a 'winding path
•) Structures and impervious surfaces m-
occupy a maximum of 20 percent of the
required buffer or setback area provid=.
the runoff from such facilities is
diverted away from the watercourse or su
runoff is directed to enter the buffer
area as unconcentrated flow.
(c) Utility maintenance and maintenance of
drainage facilities and drainage easements
shall be allowed.
(d) Anchoring and placement of boat docks and �S
piers.
j. Soil Erosion and Sediment Control
(1) Soil erosion and sediment control related
measures are required for any land disturbance
activity permitted under Article IV, Section A.
The following requirements shall be met:
-15-
ARTICLE IV: STORMWATER MANAGEMENT PERMITS
O' (a) Soil disturbance shall be conducted in
such a manner as to minimize erosion.
Soils stabilization measures shall
consider the time of' year, site conditions
and the use of temporary or permanent
measures.
(b) Properties and watercourses located
downstream from development sites shall be
protected from erosion and sedimentation.
At points where concentrated flow leaves a
site, stable downstream facilities are
required.
(c) Soil erosion and sediment control features
shall be constructed prior to the
commencement of upland disturbance.
(d) Permanent or temporary soil stabilization
shall be applied to disturbed areas within
15 calendar days of the end of final
grading of the soil. Permanent soil
stabilization measures shall be applied to
channels (including bed and banks) within
15•calendar days of the end of primary
disturbance of the channel. Permanent or
temporary vegetation shall not be
considered established until sufficient
ground cover is mature enough to control
erosion.
(e) Disturbed areas draining less than 1 acre
shall be protected by a filter barrier
(including filter fences, straw bales, or
equivalent control measures) to control
all off-site runoff. Vegetated filter
strips, with a minimum width of 25 feet,
may be used as an alternative only where
runoff in sheet flow is expected.
Disturbed areas draining more than 1 but
fewer than 5 acres shall be protected by a
sediment trap or equivalent control
measure at a point downslope of the
disturbed area.
Disturbed areas draining more than 5
acres, shall be protected by a sediment
basin or equivalent control measure at a
point downslope of the disturbed area.
(f) All storm sewer facilities that are or
will be functioning during construction
shall be protected, filtered, or otherwise
treated to remove sediment.
(g) If dewatering services are used adjacent
properties shall be protected. Discharges
shall enter an effective sediment and
erosion control measure.
rik (h) All temporary erosion and sediment control
measures shall be removed within 30 days
after final site stabilization is achieved
or after the temporary measures are no
-16-
ARTICLE IV: STORMWATER MANAGEMENT PERMITS
longer needed. Trapped sediment and other
disturbed soil areas should be permanently
stabilized.
(i) A stabilized mat of aggregate underlain
with filter cloth shall be located at any
point where traffic will be entering or
leaving a construction site to or from a
public right-of-way, street, alley or
parking area.
(j) Earthen embankments shall be constructed
with side slopes no steeper than 3H:1V.
(2) Maintenance
All temporary measures and permanent erosion and
sediment control must be continuously maintained
in an effective working condition.
2. Application Requirements
All the following application requirements will be required
unless waived by the Enforcement Officer.
a. Application Requirements for Minor Developments
(1) Name and legal address of the applicant. Common
address and legal description of the site and
the parcel identification number where the
development will take place.
(2) A general description of the existing and
proposed drainage system including all discharge
points, collection, conveyance, and storage
facilities.
(3) A grading plan showing proposed and existing
contours.
(4) A site drainage plan locating drainage features,
overland flow paths, stormwater management
facilities, floodplains and wetlands boundaries.
(5) An area drainage plan locating the proposed
development in the watershed.
(6) A description and depiction of measures to be
taken to control erosion.
b. Application Requirements for Major Developments
(1) Name and legal address of the applicant, and
common address of the location where the
development will take place, mailing address of
the property owner and the applicant or
applicant's agent's signature.
(2) A topographic map of the existing conditions of
the development site showing the location of all
roads, all drainageways, the boundaries of
predominate soil types, the boundaries of
predominate vegetation, and the location of any
-17-
ARTICLE IV: STORMWATER MANAGEMENT PERMITS
4" drainage easements, detention or retention
basins, including their inflow and outflow
structures, if any. The map shall also include
the location, size and flowline elevations of
all existing storm or combined sewers and other
• utility lines within the site. The map shall be
prepared using a minimum 2-foot contour interval
and shall be prepared at an appropriate scale
for the type of project and shall include
specifications and dimensions of any proposed
channel modifications, location and orientation
of cross-sections, if any, north arrow, and a
graphic or numerical scale. All elevations shall
be referenced to NGVD.
(3) Include cross-section views for the drainage
system showing existing and proposed conditions
including principal dimensions of the work, and
existing and proposed elevations, normal water
and calculated high water elevations, and
overland flow depth and path.
(4) A vicinity map shall be included along with the
parcel identification numbers of all parcels
comprising the proposed development.
(5) A report describing the hydrologic and hydraulic
analyses performed for the project. The report
shall include the name of stream or body of
water affected, a statement of purpose of
ra. proposed activity, anticipated dates of
initiation and completion of activity, and a
detailed determination of the runoff for the
project site under existing and developed
conditions. This includes documentation of the
design volumes and rates of the proposed runoff
for each portion of the watershed tributary to
the drainage system and the effects the improve-
ments will have upon the receiving channel and
high water elevations. Runoff calculations shall
include all discharges entering the site from
upstream areas.
(6) A section in the hydrologic and hydraulic
analysis report describing how the Runoff Volume
Reduction Hierarchy (as described in Article IV,
Section 8.1.d.) was used in evaluating the
stormwater management needs of the site.
(7) For detention facilities, a section in the
hydrologic and hydraulic analysis report that
includes a plot or tabulation of storage volumes
and water surface areas with corresponding water
surface elevations, stage-discharge or outlet
rating curves, and design hydrographs of inflow
`and outflow for the 2-year, 24-hour and the 100-
year, 24-hour storm events under existing and
developed conditions.
(8) A soil erosion and sedimentation control plan
eft for all disturbed areas, which includes:
(a) A site map prepared at the same scale as
the drainage plan that identifies both
temporary and permanent vegetative and
-18-
• ARTICLE IV: STORMWATER MANAGEMENT PERMITS
,/" structural erosion and sediment control
measures to be implemented.
(b) A narrative description of the sequencing
of grading and soil disturbance and
construction activities, the temporary and
permanent sediment and erosion control
measures to be implemented to mitigate any
negative effects of grading including:
supporting calculations; estimated
schedule for installing, maintaining and
removing both temporary and permanent
structures; and the final stabilization
and revegetation measures.
(9) A maintenance plan for the ongoing maintenance
of all drainage system components including
wetlands is required prior to plan approval. The
plan shall include:
(a) Maintenance tasks.
(b) The party responsible for performing the
maintenance tasks.
(c) A description of all permanent public or
private access maintenance easements.
(d) A description of dedicated sources of
funding for the required maintenance.
(10) When a proposed development has the potential
for affecting a drainage system component
maintained by an active Drainage District, a
copy of the detailed drainage plan shall be
forwarded to the Drainage District for
concurrent review.
(11) The Application shall meet the requirements of
this Ordinance and be in conformance with the
Lake County Stormwater Management Technical
Reference Manual and shall be certified and
sealed by a registered professional engineer.
FLOODPLAIN DEVELOPMENTS
1. Base Flood Elevation & Location of Floodplain and Floodw.y`r,/
a. The Base Flood Elevations (BFE) shall be as • - ineated
o he 100 year profile and floodplain m- as noted
belo ,
(1) SMC re. atory floodpla' • laps and profiles,
approved the SMC - regulatory use after a
.60 day public -v' - and comment period and
accepted by I. • e- and FEMA for SMC regulatory
use, as l' - ed in Ap. •dix B, or
(2) Sh. • no SMC approved regu .ry floodplain map
- d profile exist for the site, - •e FEMA Flood
Insurance Study maps and profiles, . - listed in
Appendix C, or
(3) The best available information as determined • •
the SMC.
-19-
• /E744 f> t kt 476.4 friSchavy ti Owl O fr c-iLi o4 717-.5
NPDES Permit No. ILR100000 Illinois Environmental Protection AgencypglEgloDivision of Water Pollution Control
2200 Churchill Road
.01"*. - P.O. Box 19276
Springfield, Illinois 62794-9276 JUL919q
CONSTRUCTION SITE ACTIVITIES ���� OF
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ELGIN
(NPDES) Storm Water Permit ENGINEERING DEPT
Expiration Date: September 30, 1997 Issue Date:. October 20, 1992
In compliance with the provisions of the Illinois Environmental Protection Act, the Illinois Pollution
Control Board Rules and Regulations (35 I11. Adm. Code, Subtitle C, Chapter, I), and the Clean Water
Act, and the regulations thereunder the following discharges are authorized by this permit, in
accordance with the conditions and attachments her ///y��c, -
homas . hl'cSwiggin, P.E '
Manager, Permit Section
Division of Water Pollution Control
Part I. COVERAGE UNDER THIS PERMIT
A. Permit Area. The permit covers all areas of the State of Illinois with discharges to any waters
of the State.
B. Eligibility.
1. This permit shall authorize all discharges of storm water associated with industrial activity
from construction sites, (those sites or common plans of development or sale that will result
in the disturbance of five or more acres total land area), (heretofore referred to as storm
water discharges from construction activities) occurring after the effective date of this
permit (including discharges.occurring after the effective date of this permit where the
construction activity was initiated before the effective date of this permit), except for
rill discharges identified under paragraph I.B.3.
2. This permit may only authorize a storm water discharge associated with industrial activity
from a construction site that is mixed with a storm water discharge from an industrial source
other than construction, where:
a. the industrial source other than copstruction is ;located on the same site as the
construction activity;
b. storm water discharges associated with industrial activity from the areas of the site
where construction activities are occurring are in compliance with the terms of this
permit; and
c. storm water discharges associated with industrial activity from the areas of the site
where industrial activity other than construction are occurring (including storm water
discharges from dedicated asphalt plants and dedicated concrete plants) are covered by a
different NPDES general permit or individual permit authorizing such discharges.
3. Limitations on Coverage. The following storm water discharges from construction sites are
not authorized by this permit:
a. storm water discharges associated with industrial activity that originate from the site
after construction activities have been completed and the site has ungone final
stabilization.
b. discharges that are mixed with sources of non—storm water other than discharges
identified in Part III.A of this permit and in compliance with paragraph IV.0.5 of this
permit.
c. storm water discharges associated with industrial activity that are subject to an
existing NPDES individual or general permit or which are issued a permit in accordance
with Part VI.N of this permit. Such discharges may be authorized under this permit after
an existing permit expires provided the existing permit did not establish numeric
rilik limitations for such discharges; and
•
Printed on Recycled Paper
d. storm water discharges from construction sites that the Agency has determined to be or
may reasonably be expected to be contributing to a violation of a water quality standard.
e. 1. Facilities subject to storm water effluent limitations guidelines, new source
performance standards, or toxic pollutant effluent standards under 40 CFR
,0/► . subchapter N, which includes facilities in the following categories; (see 8.2)
Cement Manufacturing (40 CFR 411)
Feedlots (40 CFR 412)
Fertilizer Manufacturing (40 CFR 418)
Petroleum Refining (40 CFR 419)
Phosphate Manufacturing (40 CFR 422)
Steam Electric (40 CFR 423)
Coal Mining (40 CFR 434)
Mineral Mining and Processing (40 CFR 436)
Ore Mining and Dressing (40 CFR 440)
Asphalt Emulsion (40 CFR 443)
2. Facilities classified as Standard Industrial Classifications 10 through 14 (mineral
industry) including active or inactive mining operations and oil and gas
exploration, production, processing, treatment operations or transmission
facilities;
3. Hazardous waste treatment, storage or disposal facilities;
4. Steam electric power generating facilities, including coal handling sites;
5. Storm water discharges associated with inactive mining or inactive oil and gas
operations occurring on Federal lands where an operator cannot be identified; and
6. Storm water discharges that the Agency, at its discretion, determines are not
appropriately authorized or controlled by this general permit.
C. Authorization.
1. A discharger must submit a Notice of Intent (NOI) in accordance with the requirements of Part
II of this permit, using a NOI form provided by the Agency in order for storm water discharges
from construction sites to be authorized to discharge under this general permit.
2. Where a new operator (contractor) is selected after the submittal of an NOI under Part II, a
new Notice of Intent (NOI) must be submitted by the owner in accordance with Part II.
3. Unless notified by the Agency to the contrary, dischargers who submit an NOI in accordance
with the requirements of this permit are authorized to discharge storm water from construction
sites under the terms and conditions of this permit 48 hours after the date that the NOI is
postmarked. The Agency may deny coverages under this permit and require submittal of an
application for an individual NPDES perni}it based on a review of the NOI or other information.
Part II. NOTICE OF INTENT REQUIREMENTS
A. Deadlines for Notification.
1. Except as provided in paragraphs II.A.2 and II.A.3, individuals who intend to obtain coverage
for storm water discharges from a construction site (where disturbances associated with the
construction project have occurred before or on October 1, 1992 and continued after that
date), under this general permit shall submit a Notice of Intent (NOI) in accordance with the
requirements of this Part on or before the issue date of this permit;
2. For storm water discharges from a construction site where disturbances associated with
construction activities begin after October 1, 1992, NOIs in accordance with the requirements
of this Part shall be submitted at least 48 hours prior to the commencement of construction at
any site or common plan of development or sale that will result in the disturbance of five or
more acres total land area;
3. A discharger may submit an NOI in accordance with the requirements of this part after the
dates provided in Parts II.A.1 or 2 of this permit. In such instances, the Agency may bring
an enforcement action for any discharges of storm water associated with industrial activity
from a construction site that have occurred on or after the dates specified in paragraph
II.A.1 and 2.
2 •
•
B. Failure to Notify. Dischargers who fail to notify the Agency of their intent to be covered, and
discharge storm water associated with construction site activity to Waters of the State without an
NPDES permit, are in violation of the Environmental Protection Act and Clean Water Act.
C. Contents of Notice of Intent. The Notice of Intent shall be signed in accordance with Part VI.G
of this permit by all of the entities identified in paragraph II.C.2 and shall include the
following information:
1. The mailing address, and location of the construction site for which the.notification is
submitted. Where a mailing address for the site is not available, the location can be
described in terms of the latitude'and longitude of the approximate center of the facility to
the nearest 15 seconds, or the nearest quarter section (if the section, township and range is
provided) that the construction site is located in;
2. The owner's name, address, telephone number, and status as Federal, State, private, public or
other entity.
3. The name, address and telephone number of the general contractor(s) that have been identified
at the time of the NOI submittal;
4. The name of the receiving water(s), or if the discharge is through a municipal separate storm
sewer, the name of the municipal operator of the storm sewer and the ultimate receiving
water(s);
5. The number of any NPDES permit for any discharge (including non—storm water discharges) from
the site that is currently authorized by an NPOES permit.
6. A yes or no indication of whether the owner or operator has existing quantitative data which
describes the concentration of pollutants in storm water discharges (existing data should not
be included as part of the NOI); and
7. A brief description of the project, estimated timetable for major activities, estimates of the
number of acres of the site on which soil will be disturbed, and a certification that a storm
water pollution prevention plan has been prepared for the facility in accordance with Part IV
of this permit, and such plan provides compliance with local sediment and erosion plans or
permits and/or storm water management plans or permits in accordance with paragraph VI.G.1 of
this permit. (A copy of the plans or permits should not be included with the NOI
submission).
D. Where to Submit.
1. Facilities which discharge storm water associated with construction site activity must use a
NOI form provided by the Agency. NOIs must be signed in accordance with Part VI.G of this
permit. NOIs are to be submitted certified mail to the Agency at the following address:
Illinois Environmental Protection Agency
Division of Water Pollution Control
Attn: Permit Section
2200 Churchill Road
Post Office Box 19276
Springfield, Illinois 62794-9276
2. A copy of the NOI or other indication that storm water discharges from the site are covered
under an NPDES permit shall be posted at the site in a prominent place for public viewing
(such as alongside a building permit).
E. Additional Notification. Facilities which are operating under approved local sediment and
erosion plans, grading plans, or storm water management plans, in addition to filing copies of the
Notice of Intent in accordance with Part II.0. shall also submit signed copies of the Notice of
Intent to the local agency approving such plans in accordance with the deadlines in Part II.A of
this permit. See Part IV.0.2.d(1) and (2).
F. Renotification. Upon issuance of a new general permit, the permittee is required to notify the
Agency of his intent to be covered by the new general permit.
G. Notice of Termination. Where a, site has been finally stabilized and all storm water discharges
from construction sites that are authorized by this permit are eliminated, the permittee of the
facility may submit a Notice of Termination that is signed in accordance with Part VI.G of this
permit.
3
1. The Notice of Termination shall include the following information:
a. The mailing address, and location of the construction site for which the notification is
submitted. Where a mailing address for the site is not available, the location cin be
/` described in terms of the latitude and longitude of the approximate center of the
facility to the nearest 15 seconds, or the nearest quarter section (if the sectior.
township and range is provided) that the construction site is located in;
b. The owner's name, address, telephone number, and status as Federal, State, private,
public or other entity.
c. The name, address and telephone number of the general contractor(s);
d. The following certification signed in accordance with Part VI.G of this permit:
"I certify under penalty of law that all storm water discharges associated with
construction site activity from the identified facility that are authorized by
NPDES general permit ILR100000 have otherwise been eliminated. I understand that
by submitting this notice of termination, that I am no longer authorized to
discharge storm water associated with construction site activity by the general
permit, and that discharging pollutants in storm water associated with cons ruction
site activity to Waters of the State is unlawful under the Environmental Pr tection
Act and Clean Water Act where the discharge is not authorized by a NPDES pe+mit. I
also understand that the submittal of this notice of termination does not release
an operator from liability for any violations of this permit or the Clean Water
Act."
For the purposes of this certification, elimination of storm water discharges associated
with industrial activity means that all disturbed soils at the identified facility have
been finally stabilized and temporary erosion and sediment control measures have been
removed or will be removed at an appropriate time, or that all storm water discharges
associated with construction activities from the identified site that are authorized by a
NPDES general permit have otherwise been eliminated.
2. All Notices of Termination are 'to be sent, using the form provided by the Agency to the
address in paragraph II.0.1.
(111.1'' Part III. SPECIAL CONDITIONS, MANAGEMENT PRACTICES, AND OTHER
NON-NUMERIC LIMITATIONS
A. Prohibition on non-storm water discharges.
1. Except as provided in paragraph 1.8.2 and III.A.2, all discharges covered by this permit shall
be composed entirely of storm water.
2. a. Except as provided in paragraph III b), discharges of materials other than storm
water must be in compliance with a NPDES permit (other than this permit) issued for the
discharge.
b. The following non-storm water discharges may be authorized by this permit provided the
non-storm water component of the discharges is in compliance with paragraph IV.D.5:
discharges from fire fighting activities; fire hydrant flushings; waters used to wash
vehicles or control dust in accordance with Part IV.D.2.c.(2); potable water sources
including waterline flushings; irrigation drainages; routine external building washdown
which does not use detergents; pavement washwaters where spills or leaks of toxic or
hazardous materials have not occurred (unless all spilled material has been removed) and
where detergents are not used; air conditioning condensate; springs; uncontaminated
ground water; and foundation or footing drains where flows are not contaminated with
process materials such as solvents.
Part IV. STORM WATER POLLUTION PREVENTION PLANS
A storm water pollution prevention plan shall be developed for each construction site covered by
this permit. Storm water pollution prevention plans shall be prepared in accordance with good
engineering practices. The plan shall identify potential sources of pollution which may reasonably
be expected to affect the quality of storm water discharges associated with construction site
activity from the facility. In addition, the plan shall describe and ensure the implementation of
practices which will be used to reduce the pollutants in storm water discharges associated with
construction site activity and to assure compliance with the terms and conditions of this permit.
Facilities must implement the provisions of the storm water pollution prevention plan required
under this part as a condition of this permit.
r
4
A. Deadlines for Plan Preparation and Compliance.
The plan shall:
1. be completed prior to the submittal of an NOI to be covered under this permit and updated as
elow appropriate;
2. for construction activities that have begun on or before October 1, 1992, the plan shall
provide for compliance with the terms and schedule of the plan beginning on the date of
submission of the NOI for this permit;
3. for construction activities that have begun after October 1, 1992, the plan shall provide for
compliance with the terms and schedule of the plan beginning with the initiation of
construction activities.
8. Signature and Plan Review.
1. The plan shall be signed in accordance with Part VI.G, and be retained on-site at the facility
which generates the storm water discharge in accordance with Part VI.E of this permit.
2. The permittee shall make plans available upon request from this Agency or a local agency
approving sediment and erosion plans, grading plans, or storm water management plans; or in
the case of a storm water discharge associated with industrial activity which discharges
through a municipal separate storm sewer system with an NPDES permit, to the municipal
operator of the system.
3. The Agency may notify the permittee at any time that the plan does not meet one or more of the
minimum requirements of this Part. Such notification shall identify those provisions of the
permit which are not being met by the plan, and identify which provisions of the plan requires
modifications in order to meet the minimum requirements of this part. Within 7 days from
receipt of notification from the Agency, the permittee shall make the required changes to the
plan and shall submit to the Agency a written certification that the requested changes have
been made. Failure to comply shall terminate authorization under this permit.
4. All storm water pollution prevention plans required under this permit are considered reports
that shall be available to the public under Section 308(b) of the CWA. The permittee shall
make plans available to members of the public upon request by the public. However, the
permittee may claim any portion of a storm water pollution prevention plan as confidential in
accordance with 40 CFR Part 2.
C. Keeping Plans Current. The permittee shall amend the plan whenever there is a change in design,
construction, operation, or maintenance. which has a significant effect on the potential for the
discharge of pollutants to the Waters of the State and which has not otherwise been addressed in
the plan or if the storm water pollution prevention plan proves to be ineffective in eliminating or
significantly minimizing pollutants from sources identified under paragraph IV.0.2 of this permit,
or in otherwise achieving the general objectiyes:•of controlling pollutants in storm water
discharges associated with construction site' activity. In addition, the plan shall be amended to
identify any new contractor and/or subcontractor that will implement a measure of the storm water
pollution prevention plan. Amendments to the plan may be reviewed by the Agency in the same manner
as Part IV.B above.
0. Contents of Plan. The storm water pollution prevention plan shall include the following items:
1. Site Description. Each plan shall, provide a description of the following:
a. A description of the nature of the construction activity;
b. A description of the intended sequence of major activities which disturb soils for major
portions of the site (e.g. grubbing, excavation, grading);
c. Estimates of the total area of the site and the total area of the site that is expected
to be disturbed by excavation, grading, or other activities;
d. An estimate of the runoff coefficient of the site after construction activities are
completed and existing data describing the soil or the quality of any discharge from the
site;
e. A site map indicating drainage patterns and approximate slopes anticipated before and
after major grading activities, areas of soil disturbance, the location of major
structural and nonstructural controls identified in the plan, the'location of areas where
stabilization practices are expected to occur, surface waters (including wetlands), and
locations where storm water is discharged to a surface water; and
5
f. The name of the receiving water(s) and the ultimate receiving water(s) , and areal extent
of wetland acreage at the site.
2. Controls. Each plan shall include a description of appropriate controls that will be
implemented at the construction site. The plan will clearly describe for each major activity
identified in paragraph IV.D.I.b, appropriate controls and the timing during the construction
process that the controls will be implemented. (For example, perimeter controls for one
portion of the site will be installed after the clearing and grubbing necessary for
installation of the measure, but before the clearing and grubbing for the remaining portions
of the site. Perimeter controls will be actively maintained until final stabilization of
those portions of the site upward of the perimeter control. Temporary perimeter controls will
be removed after final stabilization). The description of controls shall address as
appropriate the following minimum components:
a. Erosion and Sediment Controls.
(i). Stabilization Practices. A description of interim and permanent stabilization
practices, including site—specific scheduling of the implementation of the
practices. Site plans should ensure that existing vegetation is preserved where
attainable and that disturbed portions of the site are stabilized. Stabilization
practices may include: temporary seeding, permanent seeding, mulching, geotextiles.
sod stabilization, vegetative buffer strips, protection of trees, preservation of
mature vegetation, and other appropriate measures. A record of the dates when
major grading activities occur, when construction activities temporarily or
permanently cease on a portion of the site, and when stabilization measures are
initiated shall be included in the plan. Except as provided in paragraphs
IV.D.2.a.(i).(A) and IV.D.2.b, stabilization measures shall be initiated as soon as
practicable in portions of the site where construction activities have temporarily
or permanantly ceased, but in no case more than 14 days after the construction
activity in that portion of the site has temporarily or permanently ceased.
(A). Where the initiation of stabilization measures by the 14th day after
construction activity temporary or permanently cease is precluded by snow
cover, stabilization measures shall be initiated as soon as practicable.
(B). Where construction activity will resume on a portion of the site within 21
days from when activities ceased, (e.g. the total time period that
construction activity is temporarily ceased is less than 21 days) then
stabilization measures do not have to be initiated on that portion of site by
the 14th day after construction activity temporarily ceased.
(ii). Structural Practices. A description of structural practices to the degree
attainable,• to divert flows from exposed soils, store flows or otherwise limit
runoff and the discharge of pollutants from exposed areas of the site. Such
practices may include silt fences, earth dikes, drainage swales, sediment traps,
check dams, subsurface drains, pipe slope drains, level spreaders, storm drain
inlet protection, rock outlet protection, reinforced soil retaining systems,
gabions, and temporary or permanent sediment basins. Structural practices should be
placed on upland soils to the degree attainable. The installation of these devices
may be subject to Section 404 of the CWA.
b. Storm Water Management. A description of measures that will be installed during the
construction process to control pollutants in storm water discharges that will occur
after construction operations have been completed. Structural measures should be placed
on upland soils to the degree attainable. The installation of these devices may be
subject to Section 404 of the CWA. This permit only addresses the installation of storm
water management measures, and not the ultimate operation and maintenance of such
structures after the construction activities have been completed and the site has
undergone final stabilization. Permittees are responsible for only the installation and
maintenance of storm water managemert measures prior to final stabilization of the site.
and are not responsible for maintairance after storm water discharges associated with
industrial activity have been eliminated from the site.
(i). Such practices may include: storm water detention structures (including wet ponds):
storm water retention structures; flow attenuation by use of open vegetated swales
and natural depressions; infiltration of runoff onsite: and sequential systems
(which combine several practices). The pollution prevention plan shall include an
explanation of the technical basis used to select the practices to control
pollution where flows exceed predevelopment levels.
6
(ii). Velocity dissipation devices shall be placed at discharge locations and along the
length of any outfall channel as necessary to provide a non—erosive velocity flow
from the structure to a water course so that the natural physical and biological
characteristics and functions are maintained and protected (e.g. maintainence of
400- hydrologic conditions, such as the hydroperiod and hydrodynamics present prior to
the initiation of construction activities).
c. Other Controls.
(i). Waste Disposal. No solid materials, including building materials, shall be
discharged to Waters of the State, except as authorized by a Section 404 permit.
(ii). The plan shall ensure and demonstrate compliance with applicable State and/or local
waste disposal, sanitary sewer or septic system regulations.
d. Approved State or Local Plans.
(i). The management practices, controls and other provisions contained in the storm
water pollution prevention plan must be at least as protective as the requirements
contained in Illinois Environmental Protection Agency's standards and
specifications for Soil Erosion and Sediment Control, October 1987. Facilities
which discharge storm water associated with construction site activities must
include in their storm water pollution prevention plan procedures and requirements
specified in applicable sediment and erosion site plans or storm water management
plans approved by local officials. Requirements specified in sediment and erosion
site plans or site permits or storm water management site plans or site permits
approved by local officials that are applicable to protecting surface water
resources are, upon submittal of an NOI to be authorized to discharge under this
permit, incorporated by reference and are enforceable under this permit even if
they are not specifically included in a storm water pollution prevention plan
required under this permit. This provision does not apply to provisions of master
plans, comprehensive plans,.non-enforceable guidelines or technical guidance
documents that are not identified in a specific plan or permit that is issued for
the construction site.
(ii) Dischargers seeking alternative permit requirements are not authorized by this
permit and shall submit an individual permit application in accordance with 40 CFR
122.26 at the address indicated in Part II.D of this permit, along with a
description of why requirements in approved localplans or permits should not be
applicable as a condition of an NPDES permit.
3. Maintenance. A description of procedures to maintain in good and effective operating
conditions vegetation, erosion and sediment control measures and other protective measures
identified in the site plan.
4. Inspections. Qualified personnel (provided by the permittee) shall inspect disturbed areas
of the construction site that have not been finally stabilized, structural control measures,
and locations where vehicles enter or exit the site at least once every seven calendar days
and within 24 hours of the end of a storm that is 0.5 inches or greater or equivalent
snowfall.
a. Disturbed areas and areas used for storage of materials that are exposed to precipitation
shall be inspected for evidence of. or the potential for, pollutants entering the
drainage system. Erosion and sediment control measures identified in the plan shall be
observed to ensure that they are operating correctly. Where discharge locations or
points are accessable, they shall be inspected to ascertain whether erosion control
measures are effective in preventing significant impacts to receiving waters. Locations
where vehicles enter or exit the site shall be inspected for evidence of offsite sediment
tracking.
b. Based on the results of the inspection, the description of potential pollutant sources
identified in the plan in accordance with paragraph IV.D.1 of this permit and pollution
prevention measures identified in the plan in accordance with paragraph IV.0.2 of this
permit shall be revised as appropriate as soon as practicable after such inspection.
Such modifications shall provide for timely implementation of any changes to the plan
within 7 calendardays following the inspection.
c. A report summarizing the scope of the inspection, name(s) and qualifications of personnel
making the inspection, the date(s) of the inspection, major observations relating to the
implementation of the storm water pollution prevention pan, and actions taken in
accordance with paragraph IV.D.4.b of this permit shall be made and retained as part of
the storm water pollution prevention plan for at least three years after the date of
inspection. The report shall be signed in accordance with Part VI.G of this permit.
7
d. The permittee shall complete and submit within 5 days an "Incidence of Noncompliance"
(ION) report for any violation of the storm water pollution prevention plan observed
during an inspection conducted, including those not required by the Plan. Submission
shall be on forms provided by the Agency and include specific information on the cause of
,amu.. noncompliance, actions which were taken to prevent any further causes of noncompliance.
and a statement detailing any environmental impact which may have resulted from the
noncompliance.
e. All reports of noncompliance shall be signed by a responsible authority as defined in
Part VI.G.
f. All reports of noncomplilance shall be mailed to the Agency at the following address:
Illinois Environmental Protection Agency
Division of Water Pollution Control
Attn: Compliance Assurance Section
2200 Churchill Road
Post Office Box 19276
Springfield, Illinois 62794-9276
5. Non—Storm Water Discharges — Except for flows from fire fighting activities, sources of
non—storm water listed in paragraph III.A.2 of this permit that are combined with storm water
discharges associated with industrial activity must be identified in the plan. The plan shall
identify and ensure the implementation of appropriate pollution prevention measures for the
non—storm water component(s) of the discharge.
E. Additional requirements for storm water discharge from industrial activities other than
construction, including dedicated asphalt plants, and dedicated concrete plants. — This permit may
only authorize a storm water discharge associated with industrial activity from a construction site
that is mixed with a storm water discharge from an industrial source other than construction, where:
1. the industrial source other than construction is located on the same site as the construction
activity;
2. storm water discharges associated with industrial activity from the areas of the site where
construction activities are occurring are in compliance with the terms of this permit; and
3. storm water discharges associated with industrial activity from the areas of the site where
industrial activity other than construction are occurring (including storm water discharges
from dedicated asphalt plants (other than asphalt emulsion facilities) and dedicated concrete
plants) are in compliance with the terms, including applicable NOI or application
requirements, of a different NPDES general permit or individual permit authorizing such
discharges.
F. Contractors.
1. The storm water pollution prevention plan must clearly identify for each measure identified in
the plan, the contractor(s) or subcontractor(s) that will implement the measure. All
contractors and subcontractors identified in the plan must sign a copy of the certification
statement in paragraph IV.F.2 of this permit in accordance with Part VI.6 of this permit. All
certifications must be included in the storm water pollution prevention plan except for owners
that are acting as contractor.
2. Certification Statement. All contractors and subcontractors identified in a storm water
pollution prevention plan in accordance with paragraph IV.F.1 of this permit shall sign a copy
of the following certification statement before conducting any professional service at the
site identified in the storm water pollution prevention plan:
"I certify under penalty of law that I understand the terms and conditions of the general
National Pollutant Discharge Elimination System (NPDES) permit (ILR100000) that
authorizes the storm water discharges associated with industrial activity from the
construction site identified as part of this certification."
The certification must include the name and title of the person providing the signature in
accordance with Part VI.G of this permit; the name, address and telephone number of the
contracting firm; the address (or other identifying description) of the site; and the date the
certification is made.
Part V. RETENTION OF RECORDS
A. The permittee shall retain copies of storm water pollution prevention plans and all reports and
notices required by this permit, and records of all data used to complete the Notice of Intent to
be covered by this permit, for a period of at least three years from the date that the site is
finally stabilized. This period may be extended by request of the Agency at any time.
8
B. The permittee shall retain a copy of the storm water pollution prevention plan required by this
permit at the construction site from the date of project initiation to the date of final
stabilization.
Part VI. STAiDARD PERMIT CONDITIONS
A. Duty to Comply.
1. The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of Illinois Environmental Protection Act and the CNA and is grounds
for enforcement action; for permit termination, revocation and reissuance, or modification; or
for denial of a permit renewal application.
2. Penalties for Violations of Permit Conditions.
a. Criminal
(1). Negligent Violations The CWA provides that any person who negligently violates
permit conditions implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the
Act is subject to a fine of not less than $2,500 nor more than $25,000 per day of
violation, or by imprisonment for not more than 1 year, or both. The Environmental
Protection Act provides that any person who negligently violates subsection (f) of
Section 12 of the Act, any provision of any regulation, standard, or filing
requirement under subsection (b) of Section 39 of the Act, or any NPDES permit
issued under the Act is subject to a fine not to exceed $10,000 for each day of
violation.
(2). Knowing Violations The CWA provides that any person who knowingly violates permit
conditions implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act is
subject to a fine of not less than $5,000 nor more than $50,000 per day of
violation, or by imprisonment for not more than 3 year, or both. The Environmental
Protection Act provides that any person who knowingly violates subsection (f) of
Section 12 of the Act, any provision of any regulation, standard, or filing
requirement under subsection (b) of Section 39 of the Act, or any NPDES permit
issued under the Act commits a Class 4 felony, and in addition to any other penalty
prescribed by law is subject to a fine not to exceed $25,000 for each day of
violation.
(3). Knowing Endangerment The CWA provides that any person who knowingly violates
permit conditions implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the
Act and who knows at that time that he is placing another person in imminent danger
of death or serious bodily injury is subject to a fine of not more than $250,000,
or by imprisonment for not more than 15 year, or both.
(4). False Statement The CWA provides that any person who knowingly makes any false
material statement, representation, or certification in any application, record,
report, plan, or other document filed or required to be maintained under the Act or
who knowingly falsifies, tampers with, or renders inaccurate, any monitoring device
or method required to be maintained under the Act, shall upon conviction, be
punished by a fine of not more than $10,000 or by imprisonment for not more than 2
years, or by both. If a conviction of a permits is for a violation committed after
a first conviction of such person under this paragraph, punishment shall be by a
fine of not more than $20,000 per day of violation, or by imprisionment of not more
than 4 years, or by both. (See Section 309.c.4 of the Clean Water Act). The
Environmental Protection Act provides that any person who knowingly makes any false
statement, representation, or certification in an application form, or form
pertaining to a NPDES permit or who knowingly renders inaccurate any monitoring
device or record required in connection with any such permit or with any discharge
which is subject to the provisions of subsection (f) of Section 12 of the Act
commits a Class A misdemeanor, and in addition to any other penalties provided by
law is subject to a fine not to exceed $10,000 for each day of violation.
.b. Civil Penalties — The CWA provides that any person who violates a permit condition
implementing Sections 301, 302. 306, 307, 308, 318, or 405 of the Act is subject to a
civil penalty not to exceed $25,000 per day for each violation. The Environmental
Protection Act provides that any person who violates subsection (f) of Section 12 of the
Act, any provision of any regulation. standard, or filing requirement under subsection
(b) of Section 39 of the Act, or any NPDES permit issued under the Act is subject to a
civil penalty not to exceed $50,000 for each violation and an additional civil penalty of
not to exceed $10,000 for each day during which the violation continues.
9
c. Administrative Penalties - The CNA provides that any person who violates a permit
condition implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act is
subject to an administrative penalty, as follows:
(1). Class I penalty Not to exceed $10,000 per violation nor shall the maximum amount
AIM exceed $25,000.
(2). Class II penalty. Not to exceed $10,000 per day for each day during which the
violation continues nor shall the maximum amount exceed $125,000.
B. Continuation of the Expired General Permit. This permit expires five years from the date of
issuance. An expired general permit continues in force and effect until a new general permit or an
individual permit is issued. Only those facilities authorized to discharge under the expiring
general permit are covered by the continued permit.
C. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee i , an
enforcement action that it would have been necessary to halt or reduce the permitted activi-y in
order to maintain compliance with the conditions of this permit.
•
0. Duty to Mitigate. The permittee shall take all reasonable steps to minimize or prevent any
discharge in violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
E. Duty to Provide Information. The permittee shall furnish within a reasonable time to the Agency
or local agency approving sediment and erosion plans, grading plans, or storm water management
plans; or in the case of a storm water discharge associated with industrial activity which
discharges through a municipal separate storm sewer system with an NPOES permit, to the municipal
operator of the system, any information which is requested to determine compliance with this
permit. Upon request, the permittee shall also furnish to the Agency or local agency approving
sediment and erosion plans, grading plans, or storm water management plans; or in the case of a
storm water discharge associated with industrial activity which discharges through a municipal
separate storm sewer system with an NPOES permit, to the municipal operator of the system, copies
of records required to be kept by this permit.
F. Other Information. When the permittee becomes aware that he or she failed to submit any relevant
facts or submitted incorrect information in the Notice of Intent or in any other report to the
Agency, he or she shall promptly submit such facts or information.
G. Signatory Requirements. All Notices of Intent, storm water pollution prevention plans, reports,
certifications or information either submitted to the Agency or the operator of a large or medium
municipal separate storm sewer system, or that this permit requires be maintained by the permittee,
shall be signed.
1. All Notices of Intent shall be signed as follows:
a. For a corporation: by a responsible=corporate officer. For the purpose of this section, a
responsible corporate officer means: (1) a president, secretary, treasurer, or
vice-president of the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making functions for the
corporation; or (2) the manager of one or more manufacturing, production or operating
facilities employing more than 250 persons or having gross annual sales or expenditures
exceeding $25,000,000 (in second-quarter 1980 dollars) if authority to sign documents has
been assigned or delegated to the manager in accordance with corporate procedures;
b. For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
c. For a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official. For purposes of this section, a principal
executive officer of a Federal agency includes (1) the chief executive officer of the
agency, or (2) a senior executive officer having responsibility for the overall
operations of a principal geographic unit of the agency.
2. All reports required by the permit and other information requested by the Agency shall be
signed by a person described above or.by a duly authorized representative of that person. A
person is a duly authorized representative only if:
a. The authorization is made in writing by a person described above and submitted to the
Agency.
10
b. The authorization specifies either an individual or a position having responsibility for
the overall operation of the regulated facility or activity, such as the position of
manager, operator, superintendent, or position of equivalent responsibility or an
individual or position having overall responsibility for environmental matters for the
,o.. company. (A duly authorized representative may thus be either a named individual or any
individual occupying a named position).
c. Changes to authorization. If an authorization under paragraph I.C. is no longer
accurate because a different individual or position has responsibility for the overall
operation of the construction site, a new authorization satisfying the requirements of
paragraph I.C. must be submitted to the Agency prior to or together with any reports.
information, or applications to be signed by an authorized representative.
d. Certification. Any person signing documents under Part VI.G shall make the following
certification:
"I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed to
assure that qualified personnel properly gathered and evaluated the information
submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations."
H. Penalties for Falsification of Reports. Section 309(c)(4) of the Clean Water Act provides that
any person who knowingly makes any false material statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including
reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more
than $10,000, or by imprisonment for not more than 2 years, or by both. Section 44(j)(4) and (5)
of the Environmental Protection Act provides that any person who knowingly makes any false
statement, representation, or certification in an application form, or form pertaining to a NPOES
permit commits a Class A misdemeanor, and in' addition to any other penalties provided by law is
subject to a fine not to exceed $10,000 for each day of violation.
I. Penalties for Falsification of Monitoring Systems. The CNA provides that any person who
falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required
to be maintained under this permit shall, upon conviction, be punished by fines and imprisonment
described in Section 309 of the CWA. The Environmental Protection .Actprovides that any person who
knowingly rendors inaccurate monitoring device or record required to connection with any NPDES
permit or with any discharge which is subject to the provisions of subsection (f) of Section 12 of
the Act commits a Class A misdemeanor, and in addition to any other penalties provided by law is
subject to a fine not to exceed $10,000 for each day of violation.
J. Oil and Hazardous Substance liability. Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the,permittee from any responsibilities, liabilities, or
penalties to which the permittee is or may be"subject under section 311 of the CNA.
K. Property Rights. The issuance of this permit does not convey any property rights of any sort,
nor any exclusive privileges, nor does it authorize any injury to private property nor any invasion
of personal rights, -nor any infringement of Federal, State or local laws or regulations.
1. Severability. The provisions of this permit are severable, and if any provision of this permit,
or the application of any provision of this permit to any circumstance, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit shall not be
affected thereby.
M. Transfers. This permit is not transferable to any person except after notice to the Agency. The
Agency may require the discharger to apply for and obtain an individual NPDES permit as stated in
Part I.C.
N. Requiring an individual permit or an alternative general permit.
1. The Agency may require any person authorized by this permit to apply for and/or obtain either
an individual NPDES permit or an alternative NPDES general permit. Any interested person may
petition the Agency to take action under this paragraph. Where the Agency requires a
discharger authorized to discharge under this permit to apply for an individual NPDES permit,
the Agency shall notify the discharger in writing that a permit application is required. This
notification shall include a brief statement of the reasons for this decision, an application
form, a statement setting a deadline for the discharger to file the application, and a
statement that on the effective date of the individual NPDES permit or the alternative general
11
permit as it applies to the individual permittee, coverage under this general permit shall
automatically terminate. Applications shall be submitted to the Agency indicated in Part II.0
of this permit. The Agency may grant additional time to submit the application upon request
dew permit
the applicant. If a discharger fails to submit in a timely manner an individual NPDES
permit application as required by the Agency under this paragraph, then the applicability of
this permit to the individual NPOES permittee is automatically terminated at the end of the
day specified by the Agency for application submittal .
2. Any discharger authorized by this permit may request to be excluded from the coverage of this
permit by applying for an individual permit. In such cases, the permittee shall submit an
individual application in accordance with the requirements of 40 CFR 122.26(c)(1)(ii), with
reasons supporting the request, to the Agency at the address indicated in Part II.D of this
permit. The request may be granted by issuance of any individual permit or an alternative
general permit if the reasons cited by the permittee are adequate to support the request.
3. When an individual NPDES permit is issued to a discharger otherwise subject to this permit, or
the discharger is authorized to discharge under an alternative NPOES general permit, the
applicability of this permit to the individual NPDES permittee is automatically terminated on
the effective date of the individual permit or the date of authorization of coverage under the
alternative general permit, whichever the case may be. When an individual NPDES permit is
denied to a discharger otherwise subject to this permit, or the discharger is denied for
coverage under an alternative NPDES general permit, the applicability of this permit to the
individual NPDES permittee remains in effect, unless otherwise specified by the Agency.
0. State/Environmental Laws. No condition of this permit shall release the permittee from any
responsibility or requirements under other environmental statutes or regulations.
P. Proper Operation and Maintenance. The permittee shall at all times properly operate and maintain
all facilities and systems of treatment and control (and related appurtenances) which are installed
or used by the permittee to achieve compliance with the conditions of this permit and with the
requirements of storm water pollution prevention plans. Proper operation and maintenance also
includes adequate laboratory controls and aqpropriate quality assurance procedures. Proper
operation and maintenance requires the operation of backup or auxiliary facilities or similar
systems, installed by a permittee only when necessary to achieve compliance with the conditions of
the permit.
Q. Inspection and Entry. The permittee shall allow the Agency or, in the case of a construction
site which discharges through a municipal separate storm sewer, an authorized representative of the
municipal operator or the separate storm sewer receiving the discharge, upon the presentation of
credentials and other documents as may be required by law, to:
1. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted or where records must be kept under the conditions of this permit;
2. Have access to and copy at reasonable times, any records that must be kept under the
conditions of this permit; and
3. Inspect at reasonable times any facilities or equipment (including monitoring and control
equipment).
R. Permit Actions. This permit may be modified, revoked and reissued, or terminated for cause. The
filing of a request by the permittee for a permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance does not stay any
permit condition.
Part VII. REOPENER CLAUSE
A. If there is evidence indicating potential or realized impacts on water quality due to any storm
water discharge associated with industrial activity covered by this permit, the discharger may be
required to obtain individual permit or an alternative general permit in accordance with Part I.0
of this permit or the permit may be modified to include different limitations and/or requirements.
B. Permit modification or revocation will be conducted according to provisions of 35 Ill. Adm. Code.
Subtitle C, Chapter I and the provisions of 40 CFR 122.62, 122.63, 122.64 and 124.5.
Part VIII. DEFINITIONS
"Agency" means the Illinois Environmental Protection Agency.
"Best Management Practices" ("BMPs") means schedules of activities, prohibitions of practices.
maintenance procedures, and other management practices to prevent or reduce the pollution of waters
of the United States. BMPs also include treatment requirements, operating procedures, and
practices to control plant site runoff, spillage or leaks, sludge or waste disposal , or drainage
from raw material storage.
12
"Commencement of Construction" - The intitial disturbance of soils associated with clearing,
grading, or excavating activities or other construction activities.
"cm" means Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or
Federal Water Pollution Control Act Amendments of 1972) Pub.L. 92-500, as amended Pub. L. 95-217,
mook Pub. L. 95-576, Pub. L. (96-483 and Pub. L. 97-117, 33 U.S.C. 1251 et.seq.
"Dedicated portable asphalt plant" - A portable asphalt plant that is located on or contiguous to a
construction site and that provides asphalt only to the construction site that the plant is located
on or adjacent to. The term dedicated portable asphalt plant does not include facilities that are
subject to the asphalt emulsion effluent limitation guideline at 40 CFR 443.
"Dedicated Portable concrete Plant" - A portable concrete plant that is located on or contiguous to
a construction site and that provides concrete only to the construction site that the plant is
located on or adjacent to.
"Dedicated sand or gravel operation" - An operation that produces sand and/or gravel for a single
construction project.
"Director" means the Director of the Illinois Environmental Protection Agency or an authorized
representative.
"Final Stabilization" means that all soil disturbing activities at the site have been completed,
and that a uniform perennial vegetative cover with a density of 70% the cover for unpaved areas and
areas not covered by permanent structures has been established or equivalent stabilization measures
(such as the use of riprap, gabions or geotextiles) have been employed.
",arae and Medium municipal separate storm sewer system" means all municipal separate storm sewers
that are either:
(i) located in an incorporated place (city) with a population of 100,000 or more as determined by
the latest Decennial Census by the Bureau of Census (these cities are listed in Appendices F
and G of 40 CFR Part 122); or
(ii) located in the counties with unincorporated urbanized populations of 100,000 or more, except
municipal separate storm sewers that are located in the incorporated places, townships or
towns within such counties (these counties are listed in Appendices H and I of 40 CFR Part
122); or
(iii) owned or operated by a municipality other than those described in paragraph (i) or (ii) and
that are designated by the Director as part of the large or medium municipal separate storm
sewer system.
"HOI" means notice of intent to be covered by this permit (see Part II of this permit.)
"Point Source"means any discernible, confined, and discrete conveyance, including but not limited
to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, landfill leachate collection system, vessel or other
floating craft from which pollutants are or may be discharges. This term does not include return
flows from irrigated agriculture or agricultural storm water runoff.
"Runoff coefficient" means the fraction of total rainfall that will appear at the conveyance as
runoff.
"storm Water" means storm water runoff, snow melt runoff, and surface runoff and drainage.
"Itorm Water Associated with Industrial Activity" means the discharge from any conveyance which is
used for collecting and conveying storm water and which is directly related to manufacturing,
processing or raw materials storage areas at an industrial plant. The term does not include
discharges from facilities or activities excluded from the HPDES program. For the categories of
industries identified in subparagraphs (i) through (x) of this subsection, the term includes, but
is not limited to, storm water discharges from industrial plant yards; immediate access roads and
rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or
by-products used or created by the facility; material handling sites; refuse sites; sites used for
the application or disposal of process waste waters (as defined at 40 CFR 401); sites used for the
storage and maintenance of material handling equipment; sites used for residual treatment, storage,
or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank
farms) for raw materials, and intermediate and finished products; and areas where industrial
activity hai taken place in the past and significant materials remain and are exposed to storm
water. For the categories of industries identified in subparagraph (xi), the term includes only
storm water discharges from all areas listed in the previous sentence (except access roads) where
material handling equipment or activities, raw materials, intermediate products, final products,
waste materials, by-products, or industrial machinery are exposed to storm water. For the purposes
13
of this paragraph, material handling activities include the: storage, loading and unloading,
transportation, or conveyance of any raw material, intermediate product, finished product,
by-product or waste product. The term excludes areas located on plant lands separate from the
plant's industrial activities, such as office buildings and accompanying parking lots as long as
40111.
the drainage from the excluded areas is not mixed with storm water drained from the above described
areas. Industrial facilities (including industrial facilities that are Federally or municipally
owned or operated that meet the description of the facilities listed in this paragraph (i )- (xi))
include those facilities designated under 40 CFR 122.26(a)(1)(v). The following categories of
facilities are considered to be engaging in "industrial activity" for purposes of this subsection:
(i) Facilities subject to storm water effluent limitations guidelines, new source performance
standards, or toxic pollutant effluent standards under 40 CFR Subchapter N (except
facilities with toxic pollutant effluent standards which are exempted under category (xi) of
this paragraph);
(ii) Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except
265 and 267), 28, 29, 311, 32, 33, 3441, 373;
(iii) Facilities classified as Standard Industrial Classifications 10 through 14 (mineral
industry) including active or inactive mining operations (except for areas of coal pining
operations meeting the definition of a reclamation area under 40 CFR 434.11(1)) and Ill and
gas exploration, production, processing, or treatment operations, or transmission facilities
that discharge storm water contaminated by contact with or that has come into contact with,
any overburden, raw material, intermediate products, finished products, byproducts or waste
products located on the site of such operations; inactive mining operations are mining sites
that are not being actively mined, but which have an identifiable owner/operator;
(iv) Hazardous waste treatment, storage, or disposal facilities, including those that are
operating under interim status or a permit under Subtitle C of RCRA;
(v) Landfills, land application sites, and open dumps that have received any industrial wastes
(waste that is received from any of the facilities described under this subsection)
including those that are subject to regulation under Subtitle D of RCRA;
(vi) Facilities involved in the recycling of materials, including metal scrapyards, battery
reclaimers, salvage yards, and automobile junkyards, including but limited to those
classified as Standard Industrial Classification 5015 and 5093;
(vii) Steam electric power generating facilities, including coal handling sites;
(viii) Transportation facilities classified as Standard Industrial Classifications 40, 41, 42, 44,
and 45 which have vehicle maintenance shops, equipment cleaning operations, or airport
deicing operations. Only those portions of the facility that are either involved in vehicle
maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling, and
lubrication), equipment cleaning operations, airport deicing operations, or which are
otherwise identified uider subparagraphs (i)-(vii) or (ix)-(xi) of this subsection are
associated with industrial activity;
(ix) Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment
device or system, used in the storage treatment, recycling, and reclamation of municipal or
domestic sewage, including land dedicated to the disposal of sewage sludge that are located
within the confines of the facility, with a design flow of 1.0 mgd or more, or required to
have an approved pretreatment program under 40 CFR 403. Not included are farm lands,
domestic gardens or lands used for sludge management where sludge is beneficially reused and
which are not physically located in the confines of the facility, or areas that are in
compliance with 40 CFR 503;
(x) Construction activity including clearing, grading and excavation activities except:
operations that result in the disturbance of less than five acres of total land area which
are not part of a larger common plan of development or sale;
(xi) Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27.
283, 31 (except 311), 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which
are not otherwise included within categories (i)-(x)).
"Waters" mean all accumulations of water, surface and underground, natural, and artificial, public
and private, or parts thereof, which are wholly or partially within, flow through, or border upon
the State of Illinois, except that sewers and treatment works are not included except as specially
mentioned; provided, that nothing herein contained shall authorize the use of natural or otherwise
protected waters as sewers or treatment works except that in-stream aeration under Agency permit is
allowable.
RL:jab/sp1663r/25-38
14
,' .w......A...w;..�. ,1,...,k,.. w�t,F ' M
�:r SII li \ [ '� w `Mw `"""'"� . t* +� '
,��WW A
T'�
N. t I1
•+..�.. �' 4,,.. wWLa " - `1.. 'a it{ .1'l u4 •' .to; :IP '4
141114.1
-.-"***0&,,.:7 1.40.0,01 • ,-----.410- , 0, ,aLlipiiiro,,A414114i.
'...b. i - Illig
Storm sewer inlet to Lincolnwood Terrace Storm sewer inlet from Salem Storm sewer inlet from Airlite
detention pond. Storm water source is to Tuscan Woods detention to Tuscan Woods detention
Salem and streets east and south. pond at Airlite and Salem. pond at Airlite and Salem.
... :. ,‘ I . , i - '`. , '' 40..C,i.t:,;. Irki -1 '11-- r .. •
,a'. BA -7 ...:Iiippionipp** - _ ,44iim
, . , 6'WO 41-f,laW ' .
4.X .,'� T 1� _.. . .
TT :.: ... -
Storm sewer inlets from Airlite to Tuscan Woods Storm sewer inlet primarily from Highland to the
detention pond at Airlite and Highland. Tuscan Woods detention pond at Highland and Airlite.
--_,
r-- fijokwiti IA
1,'1 --------.----_,.
I i AS
i I N-
lit
el' / .-- ---------,
I , ,
13 --
i'l -----
, !
\ .-----
Z 12 \
\• „,-
S-•-2 ...-------
, ..--- ,----
„./, '•,...71 /,
e
.
,iSED / / 10
//
9 '
1 i "•--- \ /
i !/ , ,
„,
/
f
4 . \
\
, ,/
1 p o \ /
-----
I/i 1
i /1 .
/11
/
I ,'
\ ” -
/ /
FIN:p:47/72741NF121 FIGURE 1
6..._Aggiadipl. CARLSON ENVIRONMENTAL, INC. PN:2741A Approximate Sediment Sample Locations
wr 65 EAST WACKER PLACE,SUITE 1500
Dram By:PAM Lincolnwood Pond-Elgin,Illinois
CHICAGO.ILLINOIS
(312)348-2140 Mir MN=
8cono None
Y .
TABLE 3: Sediment Results -Total Metals, pH and TCLP Lead
Lincolnwood Pond -Elgin, Illinois
All concentrations are expressed in milligrams per kilogram(mg/kg)-or milligrams per liter(mg/L)
IEPA TIER 1 OBJECTIVE 1 Sample Number
Analyte _
Ingestion / Migration to SED-1 SED-2A SED-2B SED-3 SED-4
Inhalation Ground Water
•
Arsenic 1 1313 2.7 5.8 4.2 " 4.2 3.6
Cadmium 78 59 0.39 0.54 0.78 0.80 0.44
Chromium 230 230 7.7 5.7 11 13 6.2
Copper 2,900 2,900 9.3 5.4 12 16 7.5
Lead 2 400 400 8.5 5.6 14 14 6.9
Nickel 1,600 700 10 7.8 13 16 8.1
Selenium 390 2.4 �iw1'" ^Gv.� Klisa1.0siS� }.xr �r �v� ".t:r'a+,dpp`t
Zinc • 23,000 16,000 40 24 61 69 37
1pH [ Not Applicable I Not Applicable II 7.7 1 7.4 I 7,4 I 8.1 I 7.5
(TCLP Lead 3 If Not Applicable p 0.0075 ND ND ND r;''''il i r lti'l'{>;Zia:rte+
Notes:
'The sample concentrations were compared to the most stringent of the TACO Tier 1 Remediation Objectives, for Ingestion f Inhalation
for Residential Properties,and to the pH-specific soil remediation objective for pH ranges of 7.25 to 8.24 for Class I Migration to Ground
Water.
2 TACO does not include a migration to ground water objective for total lead. A migration to ground water comparison for lead requires
an analysis of lead by toxicity characteristic leaching procedure(TCLP).
3 TCLP Lead results are compared to the Class I Migration to Ground Water soil remediation objective listed in TACO.
ND-sample concentration was below laboratory detection limit(no detect).
Only analytes with at least one detection were included In this table. Refer to the laboratory results for a full list of results and test
Carlson Environmental,Inc. Page 1 of 1
Loni Mecum- Re: Fwd: Storm water and soil erosion control ordinances Page 1
From: Joe Evers
To: Mecum, Loni; Quinton, Jennifer; Robertson, Diane
Date: 9/25/2006 10:37 am
Subject: Re: Fwd: Storm water and soil erosion control ordinances
At the bottom of each ordinance is the ordinance number(which is the actual City Council action)and the year of adoption.
The particular ordinance was approved by City Council on December 19, 2001 and adopted January 1,2002. The
adoption date was mandated by Kane County for all communities within the County. Erosion Control is part of the Kane
County ordinance(Article 3). On the City's web site there is a "Development Review"tab where this information may be
found. Within this tab is a link to Kane County's Stormwater Ordinance.
Joseph Evers,P.E.
City Engineer
City of Elgin
150 Dexter Court
Elgin,IL 60120
phone 847-931-5955
fax 847-931-5965
eversj@cityofelgi n.org
>>> Diane Robertson 9/25/2006 9:01 am >>>
Do we have what she is referring to?
Diane Robertson
Executive Secretary/City Manager
847/931-5590
>>> <Avla51@wmconnect.com>9/23/2006 7:21 am >>>
Hello Diane-
I am back to you.
Jan Reedus discovered the information I need about city ordinances can be found on the City's Web site. I looked. However,the
information I need is not there. Hopefully,you can help or redirect me.
The City has adopted a Stormwater Management Ordinance, provided by Kane County, but your Web site doesn't say when it was
adopted. What I need for my history is the date that a Stormwater Management Ordinance was first adopted.
Second,the City should have a Soil Erosion and Sedimentation Control Ordinance,but using your search feature under Municipal
Code I am not finding one listed. Maybe its buried somewhere else.
If the City does have one,I need to know its name and the date it was first adopted. If the City does not have one,I'd be grateful
if you'd ask Mr. Folarin if he could provide a brief statement explaining why the City hasn't adopted one.
Thank you.
Kind Regards,
Pat.
Subj: Re: Information from the Mayor
Date:9/21/2006 10:59:58 AM Central Daylight Time
From: Reedus JOcityofeloin.orq(Janis Reedus)
To: AvIa510wmconnect.com
Pat,
I thought with some of the questions you were asking about Walton Island that it would have been beneficial for you to talk to the
Mayor on the steps taken to achieve the restoration of Walton Island since he was instrumental in the process that's why I referred
your e-mail to him.
,„:„4,47,-,-,,,,,-,-.,--.--,•.,-..,:,-;i':-.4--..".--"7. ',' -' --'; . . ' '•• - -I
----"--, P`';',":";:-..f.'-,,,,Zn-t•;;;--t'jf-r,. '''''-z;-- ,, -'. • ':".::T•, „: . .. -,„, •., . ,
„. .4„„--,:,--t,,--.-r:••:- .. ,T,4,•.4.-.y t.-,--'-!---,,,-...f , -• •--•':,, -,--- . . - . ,; r r,,, . ': '-":'•••"-•-----..;-1,":',1:-:;:5„-•,'c',„-A-Z-",.:- ,-2,---'-••.,',..•:'I- - ''-- -, ...-.•- ,
--,-;;.:4-,,k-,:•-!,::-.;„:-,•.:`2":„'-„• --,...--, - •-.----`.i'.-kf.:."-- „:.::::," - , ' ' - ',,,--:. :, .. ., ' '‘- -.•,---:.':-_----!:".•-••,--;:--•.-•,,'„i:,• ••••,,'",4.,-4'',.:5":"'"•,----;•-;•-,•, -2.-,•;-,-,:.:--•-.-. • `1•,....-- • ••',' ••--_-•:-"`, ' ,,•.,-. „...:,,.,. .
,,
Z !.;'_'.,,,-..:.'..,...., ;:,;• = i -..::::. .....::-,:. = „, .-. . ,- ..,:„-_.--!:-.. i
-,'-.'n,,'s.--,„, -.-,-i---.-.-•;--.. •:-..::::-..--•'..i•,',-4,,,,,t1,-- •„-,,,!:.- -„- • „„ .-,. . r:r :', , '•:,,,?"V-,,..,:i ' il,,,, 7,721: '''''',,i14,t-57:..::''':.:1,':', ;=',1 :''':.. :,, ',..'"1.;:-,;'''':';;', -....'-- .. .t: ''''',1,1";'.' •'
':,3°.'i,‘V.:,',',1::,,; •.-=',.,:;.'';',,;., ,'-'':•';•, ?::::',",''.if4Y.3.:',1:3:''!,;,:".,:,'',':'-', ,-., •, ., ...,.,, '<,
III
',,•.: • y.• 'y'_,, ':' ?::', ' -7.-.,: }-'i,,,:,S„: -'. i, , ' ,, -,:' -,.'n'.. • .,.,,•, i 'f,,t-,:':.:,.. - j ::,-1-''..'7:c;•'":04?;-,-.-- -,',:',', !::::-,,,..3`'..:±:•":,-,':- . ' ;---'•'•-•'-,-''' -," :- • ,"•-' -,•••',.--,f,,"-'-• :
'',-, -.-"•' ,:. '._' ,ic.;,--.,".-.,.-,:?..,k-.140.1:',-,-,...',-,-.: _;. • ••, '• ',-•-• ,- .';..."•r'.',--:- : =',,.-,,--1-1,,"••-•'-',.;"„- „'„, z,';-;,-t.,;-;:1';',•.i;•;:'....,',•.-:'---_-•-1'...',''''", ..:.-''. , .‘,--,,...-. ',,,,•',. ,,- -•-, I::-.-.- .f:',:.'4f.''v'.i ''
'' - '',-'..'''',:::.'''':------:i-.'. --1;,:`, "!-1.,72:.::,:17'7,-"i',-,1:1":1-::::'-.•I'''' '''''''';'-''',;. .i','-• '''' ,' ;'? '-'1''.'-:, -' ':-' '..e.;-: .1:'-'1.':'-‘•,:';;',:-...,.,',::''.::'';'":-'-'7'-:---,",1:-:-.:','I''''•',[":::FH's'.1'.':-:',.:,"'';„''.;--..'.,..'-:.-..;::-.:_' •,:1-,-:-".:'=;',.:-,--ir ,.:::.-::',.,-.1'.-::'-. -: ',;-, ,...,.'",,I;;:;'',.,:',,'_-,,,-;-'1;:fi,-;,,::„ '
-".• -- -..,„ -", -; •,. '•:.•---.•-x-_--;-.,,„..:,',•.0:-'-..,- --4;„• . • ''.,, : -:, .. . •• :_ ,'.:','-.'-, ,-.:--,•' .:-.' '-: :-".- • ,:,...,.: - -..:::•-•; •'1: '"'' . '' '•-••.-..'?;':'.?.- '-.-'',- -.'-"":;2..''-'.•1- '1,',''':';'.,-, .- .
' • ' ' -- '•-::.-•.":•-: •• ' --','',--rW-i.-‘'';''' ,-,t'-'-''-'--'''''.; - '' '• - •• -''' ' '' • ' 1 ,---••••'' '•'---,'-''.:',:.,-.1..T.',-;' 1-'1,'-.,-4,'.'-;',',.---: , ' ',;•'`,'• „..,,•;-,-2''''!-:.''',.'r,1:. -•:
-', -•:-';":-%.'"E,':',',.', ,-,,- ''',=, Y-_:".-:',:;."',";.::',.jq:,,,,"i„.t',,,-,,-,'„,' ,-.:,,,:, - , , . , , '.; - ,', , --, -- . ,,,;,-:.,:,:-,-.-:'-, ;.,,,'','"„::":.;41:..';:,;-',-,, !:,.:1%:;:',4',,;::',„-•:-."„:,',`,'..,"';"1,,:::',;,`,:„,:-. 7.'::,',.,,:f.-„,,' '
':::•-•:'-':::''.'- --.--''.'''-,''' -----"„''':''-''''''-,Z;---i:;:t''' '--i'''X::;-,F '-:.:-:'.1.-:'': IT':- ' .,--,-' ' '''- - ''' :, .:-, - ., -'. ' . : ,,,, : ,,,',: -,.e,--,'-',,-----;;;;;•.:-.1';4":y: ;:',:L:',-.,r -,,,",:',A','',,,' '':-';'''-f:: -s.`,'S_"?'"„1:'4.,,:.,i:t.i-:.::: -: ,
4';:,;,_-.;,', '7 I',.• Ii-:''', -, '- .."- .. .. ". ' '- :. : -,' - '::-. -'',,,, ':;:''*;::::'-t`--:;•::.?::.--.',-.''''-'-::-':,•?---..-',: '.'-':,::'-,?",-- ',-'..::::::',-,i•--.::.'=•-•-:;;-'j.".F:::;-_''' '
: '-. 'c-;_"'•`.:- ',' ;-,T:ij'TII:, :%:,."-; Y.'• "r: '''-`:,:: !•':"Y' . .- :'' , -, I':::•-If.;.".-:-,::._,.:,:2,‘-_‘-:'::41'...:'-'''i•-••='';'-:;'':A.-,..r.„-,:--,'''I,'-':,,. • ...: , ,; • - :.': :,, ••... -,--•.:-: ::.', I":',''.-.-:,:.,-:.-:-:,,'''„:,'',i.,-..f7.:.•.-2' ,,,,:;r'"-'':?,,
.-- ,i:",...-`,...,. :-,•,-..-; ", .",-•-'*:*.,---I;,',,-:-,' - .f:
' ' . ,",,:::''"-'3::, :::-•::::•;-!.'&,?-..::::,::i;:,,:2"'II-::`,',-i: ..- : -' ,,,-.; .. '-'.."-. ; :' ' ' - -.'_.--' .:: 1'-, ', '--' :",:.'":`..r..:,pl:',,,,-:1:::':- •,.". '-.1:' ••-,:- .,. „-,,..;4.-,,::'!.. ::-• • - - .{:._:,,,:•: ,
'.: •_,:i---'I.-:-.:'•",,`,:-'-';,c'I V-:;.,': ''. Al:, ,..::•'-,:I.', ' .- .:..• ,', ' ' ,•':- :,,i I := ,: ---..' . ,` : ' ::,--":: ,'" . ,. ::-,,,- - •:• -,::,:,'- --„,,-..i:--:'7';''-7:,, - • ' , '
,', ' -'"„'-"' '--.-'''',':-.'"''' ''",-.;" -:--,--.'1.- 475-5:- '-7, 7. ' * .7- -!"- '75.; ,--.• ' .--: '',. ,t- -:_*- :',7''' ' -, '.':4_,^:'*:','1.'7-.55- .7'f' '.'"— ..i.7:-'n(51,77-''S-775.5**'4,--.55.'?''-- -5 5
1**_ •,`1.5•.'4-'-----,".:5' 7'....' ,7: :5, * -5,-7.I,' " -, :.', , _ - . :'•- '',': ,',,', i; _ ':-- „:-•,:',,..;''',':' ...':‘:',',-''-',-...-' ,''''.
"
I-_,.-,--'1•••I:1?4.::,:?-.'11„:•,`',-;:t.,:-,,,
: .: :,'•' .-:,-li:'„,,•;',:.„,•1:.i,,::,:. 7",-,!!.ifr,!0-",-..•i:,'-, -, -,:,,-'-:.:;-.,' ':''•- :,,:::4,_,,,,„:,-;".,'., .
'::- -'---:;',::::';'-,,;:;•,::J:,',„;'" ,-;.1:-.,-;,t1,&','"!'-:-..,1'-::: -''•-.—.:'• -' :• '' '-.00",.I.: ', '-:-:•''- ,4011.-;:' - ::-',t ,- :-..:-•''''''-''':'' ::'''''''':'-',0,,":".7 i:•--::1-V:
' ' .‘.:-. , ‘:-.''''''',:' ,-,c.r.;;;°7::::,;:;:--. .-ig. --,7,T,:i.. p'-'. ‘2.-„';',.:''' ''--.::*, '-'-.--': ' - -.;,.-- '''..::: --•'- ,.,.---4 '; i
.. .2-:- ... ---.„,.:-..,,-;--_---_, - .,...--;,-,..... ..,::., ,,,,,,,:. , • .--::.,- :_ .- , ,.-..* .... .,.. .,.., .-..e.4!40 _::-,--.',:„..c .2,--.;.!,, - ,*!.'e, -,,,,..1,-:.,:.:_;. ...i ,-.-, -,,:„. *-."!ii;','"f.ZI.,:', ,:,::,,,-.,4--:;;-,;:_-,i ::,-., ,-- ' 1
. : • -::', •S.',';,..!':-:;-.:.!..--;.-.6:::.,-,'„-::;•..-•',' ,'-;. ,-;;„.:• -`„;•'_ :;- - ' -.,-.7,,, ktra-r, 1,,0: .ii.-,-4,„:.t.V.7--,.,,,,,ki::'..`"'„-::.-„,-„„viro '',„.-4F-,-,7-7,1x4r-,1.-,•:.,., --,1 -.4,, ,.4., ..,,... r , ,7-47,,q _ 7,. ,. .
1 4-
-.* * - ' ``''''.7‘'''-4-.7-'k. '7:----3-7 *'' '''• '55 ' '''' /'-'''./ -'',.. . ' 5----'''-2 .:4:-:' ,::.;',i''' :".,‘,4,. 7"*.'7'-,'t 4:- , .
• _ _L ',--, .-,-'7,-";".i 'r"-7;7.;,",-;_..f'")A-',", •,,,-' ,,-. ..?.:',• ---.-..-",,,''•I
'‘'''''' ' :-. :; -1,,,,;.;,,,.,* ,, ,., ::!,:;,';: ,''-2: :---,---t-:',c"-`'
,.., ,. ,,. .' !II ,-4 7„:,-7,':If-;.•;.,F-'."II., '.,1- .I.'.--•:: :-• ' '1.-, , 1
,7 -- -.7 ,7t ,- -.5'7'-'4,.t~7 '7- .'-,..' . --. . • _ i
A.., 7 --.:.-7. 1, '''" --:- -:-- "77-2-5, 1'.? ' 'Y.' 7' ...- ---: •4:4--::: 7:.. ':'I' '.::I, ::;•:" - '' : :
, - .::,-,- • •: "-;,..-",:',;*::: ----L,--:=',,,-:.,;,,,:i...:', `: .. - '-'*":: •': -'-''':-•':---' -'' -.-''", .'-• •.-- -:: :-'II:I':; -: .: ,.•,---;•‘)•=4V:2''--,cti.,:lie.l...,L...-,I,..`„`-•,,•,_,-I, :.• ' --:,-.. - -. '. -:";:
T".; ',.1.::::.: -'-'-:- : ''.': ':''''•: ;.:'::'', ...t.:: ::;•• '' . ' ';','1.4*: -\.- :'',-- ''; i.•7-',:'' ' '-',1 r'l: .., , ; :P-,. '' ' -'.,,-.:-1.„...'---...-'--Z,';,',,,i-'-'-•'-':,'•.'''.'• '' :':'?-• . : I
4-4-;F%-„z,.., -.:',1,2,1,--,:'."-: -::-•'-'--',..-- -',•• ••••': _ : ,--''- ''-•,.. 'IT :1-, ' •--',.'': '--- :',-,:,'_'-','''-':,e: i'-`,"--'',1:•'-'- -‘1."-'',',-'''''1 ! .'-`:':''-;:',:'-':''.;:'.-.''-:' i••.',-":','.--:'--,• is• - 1
', ' -, -A•.-.,"•••:,,` "•'2.-4,--c-,--'-',,,K q1-'--•••;113, ::iI•:,_,•:-%I-•"•-,;.- • " '.0012' I.,!.,`,.f".,..• --:::::,:. -..:','.---;:f',--`',..:-:::: .-..',.• ':-!'i",, -:!--',,_4'".','":„ '.-4 --'' •"':.-",- ;. :-'''
. , ,,.. =::::;4,;•,-; 17, '- :. -:::- 1,e,-,'.' rae- - - ,...-,::.r- -- ,..-,-.iif:)-:-..,,-•;,.-:, :-..-;,,:,-1!:.,--,---.:.,,.,_,.;k;:,:':.,:. .,ii,$ .. !!!,'-',-1/2i,,, ,,,,:,,'_-_';'":-.1'--Y.'`:•:":?:''::•".
• - , ,‘:•:;:',.,i. ;:i,r;,,,,I:-,,I''''''''''": —:,. -._ „4.-f‘t%..,:-::-.-:, .,,,..":,,,, „..:I:7-': -''-5.7 t'' 5.' --' ',.4**5 1.' ' 1.-...7*;.",5•7'i'7„.7-,*;',5
_-.;;15.0.,,,,a'r..," T., - ' .00,,,,,„., ,;-,,;,;..*;:.4,..;91E4,09:111.11",",::;4 'i;..,'„,-:,„-;,..,,;; 4'.,'-",".„:;;;"Tr.":„."-;-.--.',.1,, r...'",'•:-
:;f4iAter--4fe.'4 1LIP. 1...._:,; --'' -,... ..45,.' ..;i;;; ',.,;;:on r',...,;-.;., ' :''..,... ......m.11.,....,,'; ,' ‘.•.,,71,,.,::;;;,;,,.:;-_,`, ; 1
;.„;,,,,-,;,:,4.,,* '';'''''',i,aylbjf; ?'.'„, . ..;.,,,,,:4" ,T.f",;.; :;;1:;;;; '''..". .":;-f'..r- ielP1wli ...,,c;.',"•;.;1::,::-'.'S'o:417'r2."'i:;''1:': -,:"1:-`•-•
, '-"*.;'::'%.,'94itt#51'.:*'' '-'‘W l'3- -,:',- '-4:*.x--... t:':1 ';'-'',"--.';';:::-;„':"' :-..r:.;r:'-'•;-',-'--*lk'''''0
opplar-
.000,400.00.00
0',1,-,"„Acv-0•.:4 4.4itir,„.: .;,t-e.:_.,0*-' 4,...,44-.,..',',;-: .i:.,i,,.;',.,...7.,,,,,:...,,,-2,-.:,, , ...-.4T---,,..,, 0##,,,..EN:R. ,-,,z.:. .,.:
,00,06000000er a
.,. ._._ ....::,,..,,t ,„...im.w.,!A.x.:4,„7.. :,. ..„.7 ......1,,,,..,.;,,,i,, ' '' ... .t.!, „. ! , . - - ,.-.4';..----,!..f..!:,..-. :,- ,-;•,--,. '. . --' .. • 1
-"...:-...::::„ .-•;'..„. 1:,-.,.4-...-4.,,,,..„44::f? At. .A..„- .4.::,:,.,,,,-:.-,,i',1,; ,.....!-:;, ; ...,' -,,,, !:='.--F';',,,i..;„..,. -.:..„,:', ...:.- -'75-,". ..*:7:--:5.' -7'. --'.:'. :5;"'5`;'''5"";'-,,,''.5'. . ,41414'‘*55' .- •-' - *, -
.._7-:;$'--:',,,,, ,. - s.i....., --,,,--'4"-,,.0,,, -';
. ,, . ,- ,i -,_ .:_,'7,2,„,,,-';':,,;6435:0th,44,41,40t. ..- - - -,,;.:,,i,-,,,...-..,.:;;, 1,--,•'..::!..,;..i;.„-- ., „,„--,.„ ,--....,1..' ' ,,.'-.J.,,,,:,
, ,'-- 'i,,,',- ,---;6 ,,- T.,.,.., :.,. -g...,,,q,----.::.,,.:,!,,E.,'',:.' :," 5,'4,•7...:-• ,-'''' ,-:, ' • .- ' .
••,-. s--..., t..•„-„,...-,, .46.i-zr,,Li.-,•,--s • •-: •-,4=7:ii:;-"-
-.-, •--, . '„,-, -1,-,....-5.--:„., ".----' .f,•-'-s--'4z.--
- - ':?*,:,;•'•''',?.--,:•,'-f-$,Irt,';` . -• -,.'" •-",--".;----.• •, ;,.,•-.,--,-•':•;•:---',-'1:*-- "-'-'-'"''';'-'','''''''': -": : '-) •-.;---",••,.':- '"'!„,..„--t:'":A''''',' .4 L-;a .- :4! .1L.;-,-,',:i.,,,L.. , ,• ' . - .
,-.*'Y.2; ::: -. '':-. ''''' ,:,.,. -.-- ::tri ;1. '.. '•a ; a ' ' . fl,„,. ---4-,.,!....,.-',..:. ,- ' .
I
,. i, '.' • : .! ,.11,!-,s'yr';, '-'-'.'.',..3':,:;.-.. --_-, t,,- .,-, . ,„, -:: ,,,,. . ..1-,s,,..----.7,,,4 vi, Ii,,..w., ';,„7.,.:..„.:--,,-,7,4ti i':,4-. -,,:- ,
r-'..,--7--'-'-'*' -'-'-..-' .'--- . --- .- -,:,.. ...',.,"... -::'L4:.':-:'- „ .:-.,, ,-'-:-.' ,„',.-.'-'.,',...• - - '
,,n:-,,,,, 0, -., - - . „,;.,•,,i-- .---,i'.',:';4.: ,';,,.-.,,:-..: ';:'..'7.:'''''."Z.-'-'-',..,- .:,2
, ,,i '",:'''.,'..;, .''.-...- -, .. .. ''''' -.' ''','.',..•,:,,.!),-.;-:.':-'f-r-_''' ' ;‘,,,,,,H'''Alt71'. ii, A AZA '!'.':"4.4-;.- 'At I --.---;„.!-,21-„,__., •,.._ _,
, ., , ,• ...,:, 1,„0„ .,,, ,,
,.
.t., - --, -----_, • ,.•_ •-•. • • , -, -,-- ,:-.,._ .,:_• ,-!. 4:•:_wity w :i_10):-; „.:,•:..; ,..i,,p,E.,,,, A ,;,:.... :'_-;7'--,•:•:• ".•''•'-:;'.f . 111
-: - 2.-2:1‘,,---',,.F,... --''•,----,. ----- .--,...:.„-:''171'''.-10,-. -,--,2-•',--,.-- ,-.'.-• . - , ,-.,. .-, •.": -- --':-L1' H•ik111''-..".=•,-.--".:-• c '-f;--.-- ','.--'---.1', ...'-;6:4154,,.--;4';.-:-.F:- .(-•-"_",,2,::„•">'--:-,
- -. J-:-•::::..7:!;-`,: ,,4.-"i‘ ' It"',. ' 1.: 1-. --;,'''-•.'s,;'..f •'...---, ••%. -•,: ,- .•. . ' • - , - -, - .-.` . ,-, ::-..-:-.-; :3"- ..w: , '",---,'-- . I .:•-•-- •'-'_,,'..--.-. 4-':_„-•-,,,- 45
2-::1• ..:! :-/--,,,, ,,--,-',2:-,-- ,:f• .., '
kj
; --'. -'.:''.'-:•-••'.-2-13.-_,,,,•-f _It:':',-'17;,,,tr! ;,.i Ar.'",-,-, ; ''.-'2 - • ' ,r ,- :' :- : ,....,;•,,,- .•-;.. -,,,:t.„. • i,i•.,7,1,- ,.,•.'..,!-•--I,-•.--!,-:,-,,,;,„,,,•,n. .7. -',;•::1: 1-::.,.,-_',-,-;-1F-',V.,%.;,1V7,,--2.... ,:-..
- -.- •_-•:,.ii.'. iO•,-. ,. .,-,,•",,,,,4,-.,-,4,4-; .--.,...-6.., \ .,:•,,.',..- : ; ---. .' '•-.-i- '.. - _ -' ::-..-, ,.-,%:--: _ , -- ,: .,-.--,z,,,:'..7.,,,..,,,,,'-,,..,,,-,.-;,- 2:.t.',-,,:,,,-_-,•F.? 4„-:.1.k. - '
-•- '•,--- -- - . .,',,,,,46' :;,:-,k-L,o....,,.,-'-' ,:,,...--,,--'4,,, '‘`;r-.,'-- ---.:,"-. .,,,--,:- . .T-'•. •_:, -.• ,--", ., r-2-',--,-.•,.`_-•;,1-.-_;.---7 - -'.•"_.-,..,-;.-',...:,,• ,.:r,:---.°';:-v'•,•;;t7-':4-',"'•‘',, -------- -
• 2 '-'• :i•-7'47,-:-,--V1r.--4;,',--Itli.:',:ire-- -;...„ ',,,,,,-‘,..;`"'-'-..... . -'•..: . -.-- ;,--„ -, _2 ',,• „--- -. '._-_ -‘..•.',.ic:::.g.,Y,---- :i- '/..!--v--",•:-'-'''-'''•-- :- f;tkt.,.14!-:•t;.22,''.•:', :.
- ---:--;r'''''..--,-4.,..-.;:;,; ; „..,:r,„ • . :‘,.;. ,- '' — .. ".;';':-: ':' I'''''''''' • ''" . , . r•- .1; W::',:r"Af--2„':-.".. ;:r%-4,-,-T.''• '
' :'';''' :'.r;i''',!;: i ;,-....'Th''':• ‘, 'rr. „: :::...," -, ;'....:' ' . .''-.. .. r•ri" ''::- :-* '''' -' ..••.rt"." ' .. , ..;•,7:-•.q3. -1:-72,. :-2-;t-----;•--2';',:„-',-----•=7"••-?----- :
• ••,- .::--:•:'• 2 '' '•'"''' ' ''• ' - •••.•:•t-'''-'.."4:--•,' ','-'• ..-:-•• •'1-,e'V7;'": "''-:: ',--''''', :"---',::-'- ..'1' --„;-.;,,,,.. ',''-,-.-`,4'-i-',-, -,•:-. '‘j•;
,. ,--', ..-,..,-,•;:•Mr:,- : 1-t-f" -'•"'"- --'• - " '. ,, •,..„,..•:, -,.; .,.•.i.,; :-' ,,`„-fi:;''' ,' -: - -' •. '' 'f• - '-,-, 4.2,•%,-','-,:c•",,:'-- -,rr,",','.--',--"'II-=f-i-'-'2--,•-''.._:-'.'''t---'":--;-'!T ':':
,: ::„1.,:,•.-:,•-'' ...:',',,,,; 7•:',„' :':" : ' :''- , '': '• :•::•:.---.:
.-7-: '-:-.`,:',-,,,i',,,',i••-,-,•,t:•i;.t.'' ,-„i':-.;,',<„1.,''''-il.,'•:.,'„.",,•_:" ,, ' -• i ' - ,- . . % • '. ,,-.•,• _, ,._. ,.;,•-,,,,,,,,,;,,i-,.i..--i'dex•gg.,
•:-:'-:.--"-i--,2.=_• -.-•:-,--Y-,-:'.-'i' . ,--:.. ,•:- -..t-----. -. ' - • - .,- `,--., --;-;•., .,,,,.;''.-----1-,1,- -:,- -.---;4:::: 4- --'-•'-'
-.,,,..- :,,,:t-,;,- -:,,-;•,,7- ;, ,`..., ,, 4 . ,,_ ,:•,',._, .-L,..?'•,--------- -- -
- - f-P-4-•••!-.1-',.." -4..,"-2,-,2 ‘e.--„,..„ -.
April 23, 2008 ,i
Mayor Schock, City Manager Folarin, distinguished council members, I am Carl
Missele and I reside at 2297 Knollwood Drive in Elgin. I'm here this evening to
speak for the residents of Tuscan Woods and other housing developments in
Elgin and to call your attention to a potential problem that relates to detention
ponds with storm sewer inlets from surrounding streets. I will present two typical
examples where the water entering the detention ponds is primarily from street
runoff, and the contamination that resulted in one of the ponds. .
The first photo is of the detention pond in Lincolnwood Terrace on West Highland
Avenue. It has a major source of storm water from nearby streets. About three
years ago, Ryland Homes gave the City $100,000 to dredge that detention pond.
Before dredging was started, a study was done to determine the suitability of
using the sediment from the pond for land application. The study, 2741A, is a
complete physical and chemical analysis of the sediment from the bottom of the
pond. Figure 1 shows the places where the samples were taken and the
following page from the report shows the results of the metals content of the
samples. Two metals exceeded the maximum "Migration to Ground Water"
levels. The metals were selenium and lead. The source of the selenium is likely
from nearby rocks and soil. The lead is likely contained in runoff from
surrounding streets. Regardless of the source, the sediment was found to be
unsuitable for land application since the heavy metals could leach from the
sediment and enter the ground water that some use for drinking. In order to
dredge the pond, the sediment would have to be hauled to an approved site and
capped or contained in some way. This would be done at great expense.
Needless to say nothing has been done to dredge the pond.
The next photos are of two ponds in the Tuscan Woods development. These
ponds have multiple storm sewer inlets from the nearby streets. It is very likely
that at some point in the future these ponds will have to be dredged. It is also
probable that contaminants will be found in the sediment at the bottom of the
ponds. The responsibility and high cost of dredging these ponds will fall to the
residents of Tuscan Woods. The thing to note is that the likely source of
contamination in these and similar ponds would be from City streets. We should
also note that it is the Storm Water Management of Kane County that dictates the
need and gives approval for the ponds.
Now here is the point of this presentation. Since the City and the County are
partners in creating this potential problem, we feel the City and County should be
partners in sharing the cost of future dredging of these ponds. It should not fall to
the residents who had no responsibility in creating the problem.
I wish to note two more things. One, these ponds are typical of hundreds of
ponds in new developments that receive storm water from nearby streets. This
problem could be huge in the future. Two, Elgin does not have an ordinance
restricting residential use of ground water for potable uses. That prevents land
application of contaminated sediments from detention ponds such as the one in
Lincolnwood Terrace.
Thank you.
r
r. TABLE OF CONTENTS
ARTICLE II. SOIL EROSION AND SEDIMENT CONTROL 1
DIVISION I. GENERALLY 1
Sec. 9-16. Authority 1
Sec. 9-17 . Findings and Purpose 1
Sec. 9-18. Applicability of Ordinance 2
Sec. 9-19. Definitions 2
Sec. 9-20. General Criteria and Standards . . . 4
Secs. 9-21 - 9-30. Reserved 6
DIVISION II. PLAN AND PERMIT 6
Sec. 9-31. Permit Required 6
Sec. 9-32. Application 7
r Sec. 9-33 . Submissions 8
Sec. 9-34. Review and Acceptance 10
Sec. 9-35. Expiration of Permit 11
Sec. 9-36. Responsibility 11
Sec. 9-37 . Storage of Plans 12
Secs. 9-38 - 9-40. Reserved 12
DIVISION III. DESIGN STANDARDS AND REQUIREMENTS . . . 12
r Sec. 9-41. Erosion and Other Pollutant Control
Requirements 12
Sec. 9-42 . Standards Adopted by Reference . . . 14
Secs. 9-43 - 9-47 . Reserved 15
DIVISION IV. CONSTRUCTION PROCEDURES AND REQUIREMENTS 15
Sec. 9-48 . Applicability 15
Sec. 9-49. Maintenance of Control Measures . . . 15
Sec. 9-50. Construction Observations 15
Sec. 9-51. Special Precautions 16
Sec. 9-52 . Retention of Plans and Permit 17
Sec. 9-53 . Amendment of Plans 17
Secs. 9-54 - 9-59. Reserved 17
DIVISION V. FEE, BONDS, APPEALS, EXCEPTIONS, SUSPENSION,
REVOCATION, NUISANCES, VIOLATIONS AND PENALTIES,
SEPARABILITY AND INCLUSIVITY 17
Sec. 9-60. Fees 17
Sec. 9-61. Bonds17
Sec. 9-62 . Exceptions • 17
Sec. 9-63 . Appeals from Permit Issuance or Denial . 18
Sec. 9-64 . Suspension or Revocation of Permit . . 19
r Sec. 9-65. Nuisances 20
Sec. 9-66 . Violations and Penalties 20
Sec. 9-67. Separability 20
Sec. 9-68 . Inclusivity 20
Secs. 9-69 - 9-75. Reserved 20
Exhibit "A" 21
Fees 21
r
t
r
F
r
ARTICLE II. SOIL EROSION AND SEDIMENT CONTROL
DIVISION I. GENERALLY.
Sec. 9-16. Authority.
Y
This ordinance is adopted under the authority granted by the
Kane County Board.
Sec. 9-17. Findings and Purpose.
1. The Kane County Board finds as follows:
a. That excessive quantities of soil are eroding from areas
that are undergoing development for certain non-
agricultural uses, including but not limited to the
construction of dwelling units, commercial buildings and
industrial plants, the building of roads and highways,
the modification and dredging of stream channels and
drainageways, and the creation of recreational
facilities;
b. That the washing, blowing, and falling of eroded soil
across and upon roadways endangers the health and safety
of users thereof by decreasing vision and reducing
traction of road vehicles;
c. That said soil erosion necessitates the costly repairing
of gulleys, washed-out fills, roadway ditches and
r embankments;
d. That the sediment from said soil erosion tends to clog
sewers, ditches, and other drainage improvements, and to
pollute and silt the wetlands, rivers, streams, lakes,
ponds, and reservoirs;
e. That said sediment limits the use of water and waterways
for most beneficial purposes, by promoting the growth of
undesirable aquatic weeds, destroying the habitat for
fish and other desirable aquatic life, and that said
sediment is costly and difficult to remove; and
f. That said sediment reduces the channel capacity of
waterways and the storage capacity of floodplains and
natural depressions, resulting in increased chances of
flooding and unnecessary risk to public health and
safety.
2 . The County Board therefore declares that the purpose of this
p ordinance is to safeguard persons, protect property, prevent
damage to the environment, and to promote the public welfare,
by guiding and regulating the design, construction, quality
1
r
I
and use of materials and maintenance of any development or
other activity which disturbs or breaks the topsoil or
otherwise results in the movement of earth on land situated in
the county. It is the intent of this ordinance that the
delivery of sediment from sites affected by land disturbing
activities be limited, as closely as practicable, to that
which would have occurred if land had been left in its natural
undisturbed state.
Sec. 9-18. Applicability of Ordinance.
This ordinance applies to land disturbing and land developing
activities on lands within the boundaries and jurisdiction of the
County of Kane.
Sec. 9-19 . Definitions.
For the purposes of this ordinance certain terms used herein are
defined as set forth below:
Agricultural land use: The use of land for planting,
growing, cultivating and harvesting of crops for food and
fiber, horticultural or human use or livestock consumption and
pasturing or yarding of livestock.
Applicant: Any person, partnership, corporation, public
or private, the state and its agencies or political
subdivisions, the United States of America, its agencies and
instrumentalities, and any agent, servant, officer or
employees of any of the foregoing.
Building permit: A permit issued by the county for
construction, erection, or alteration of a structure or
building.
Certify or certification: Formally attesting that the
specific inspections and tests where required have been
performed, and that such tests comply with the applicable
requirements of this ordinance.
Clearing: The act of denuding a site of its vegetative
cover by either manual, chemical, or mechanical means.
County: Kane County, Illinois.
Cubic yard(s) : The amount of material in excavation or
fill material measured by the method of "average end areas. "
Dredging: The act by which objects or earth material is
removed from the bed of a body of water including but not
limited to excavating or deepening of streams, channels,
ditches, lakes and ponds, and the building of levees.
" 2
rm
c
I
Engineer, design: A professional engineer, licensed as
such in Illinois, responsible for the design of site
improvement plans and specifications for a project or
subdivision.
Erosion: The detachment and movement of soil, sediment
fs or rock fragments by water, wind, ice, or gravity.
Excavating: The act by which organic matter, soil,
earth, sand, gravel, rock or any similar material is cut into,
dug, quarried, uncovered, removed, displaced or relocated and
shall include the conditions resulting therefrom.
Existing Drainage Pattern: The path formed by
stormwater and subsurface runoff on the surface topography of
the earth priorto proposed changes.
Existing grade: The vertical location of the existing
ground surface prior to excavating or filling.
Filling: The act by which soil, 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.
Final grade: The vertical location of the ground or
t! pavement surface after the grading work is completed in
accordance with the site development plan.
Grading: Excavating or filling or any combination
thereof and shall include the conditions resulting from any
excavating or filling.
Land disturbing activity: Clearing, dredging, grading,
stripping, filling, excavating or any combination thereof.
Land surveyor: A licensed professional surveyor of
Illinois.
�,. Permittee: The applicant to whom a site development
permit is issued.
Removal: The cutting, clearing and extraction of
" vegetation to the ground or stumps.
Runoff: The rainfall, snow melt, or irrigation water
flowing over the ground surface.
Sediment: Mineral or organic solid material in
suspension or being transported or moved from its site of
origin by wind, water, gravity, or ice and which has come to
rest either on the earth's surface or in a body of water.
3
r
r
Site: The entire area included in the legal description
of the land on which the land disturbing or land development
activity is proposed in the permit application.
Site development: Any man-made change of the land
surface including removing and clearing vegetative cover,
dredging, excavating, filling, grading and any other land
disturbing activity.
Site development permit: A permit issued by the county
which allows the permittee to begin construction or
installation of land modifications.
Site development plan: A plan that shows the locations,
types and implementation of erosion and runoff control
measures, and/or grading of lands for the construction of
buildings or structures or other necessary improvements.
Soil: The surface accumulation of sand, silt, clay, and
humus derived from loess and the weathering and breakdown of
the underlying bedrock and glacial debris.
Stream: Any river, creek, brook, branch, flowage,
ravine, or natural or man-made drainageway which has a defined
bed and banks or shoreline, in or into which surface or
groundwater flows, either perennially or intermittently.
Stripping: Any activity which disturbs the vegetative
surface cover including tree removal, clearing, and storage or
1: removal of topsoil.
Waste: Various materials removed from the site prior
to the modification of the site including, but not limited to
vegetative surface cover, excess soil, tree trunks, limbs and
L, roots, demolition debris from buildings, roads, and
underground facilities.
Wetlands: Areas that are inundated or saturated by
surface water or groundwater at a frequency and duration
100 sufficient to support, and that under normal circumstances do
support a prevalence of vegetation typically adapted for life
in saturated soil conditions.
0 Sec. 9-20. General Criteria and Standards.
The following general principles shall apply to any movement of
earth and a site development plan and the granting of a permit for
the execution of said site development plan as herein provided:
1. Development criteria and standards:
a. Site development shall be related to the topography and
4
r
r
soils of the site so as to create the least potential for
erosion. Areas of steep slopes where excavations and
rm. fills may be required shall be avoided wherever possible,
and natural contours shall be followed as closely as
possible.
b. Natural vegetation shall be retained and protected
wherever possible .
" c. Areas within or immediately adjacent to natural
watercourses, streams, lakes, ponds, and wetlands shall
be left undisturbed, wherever possible. Temporary
[I crossings of watercourses, when permitted, must include
appropriate stabilization and sediment control measures.
d. All activities on the site shall be conducted on the
t: smallest practical area of land, in a logical and phased
sequence to minimize the area of bare soil exposed at any
one time.
e. Sediment basins or traps, diversions, filter barriers,
forebays and any other appropriate measures shall be
installed prior to beginning land disturbing activity and
maintained to remove sediment from runoff waters from
land undergoing development.
f. The selection of erosion and sediment control measures
shall be based on assessment of the probable frequency of
climatic and other events likely to contribute to
erosion, and on evaluation of the risks, costs, and
benefits involved.
g. Provide for aesthetics and continual operation and
maintenance in the design of all erosion control
facilities and practices.
h. Provisions shall be made to accommodate the increased
run-off caused by changed soil and surface conditions
during and after development. Drainageways and other
,r erosion control facilities shall be designed so that
their final gradients and the resultant velocities and
rates of discharge will not create additional erosion on-
site or downstream.
0.
i. Temporary vegetation or, where appropriate, mulching or
other non-viable cover shall be used to protect areas
exposed during development.
j . Permanent vegetation and structures shall be installed
and functional as soon as practical during development.
" 5
r
r
k. Those areas being converted from agricultural purposes to
other land uses shall be vegetated with an appropriate
protective cover prior to development.
1. All waste generated as a result of site development
activity shall be properly disposed of and shall be
prevented from being carried off-site by either wind or
water.
m. Each site shall contain measures to prevent sediment from
being tracked onto public or private roadways. Included
with these measures shall be the prevention and removal
of any material tracked on the roadways.
Secs. 9-21 - 9-30. Reserved.
DIVISION II. PLAN AND PERMIT.
Sec. 9-31. Permit Required.
1. A site development permit shall be obtained from the county,
where development falls under any one or more of the following
provisions, unless such development is exempted therefrom by
subsection 3 of this Division II:
a. Any land disturbing activity that will affect an area in
excess of 5, 000 square feet;
b. Any land disturbing activity within 100 feet of a lake,
P' pond, river, stream, and wetland;
c. Excavating, dredging and filling or any combination
0, thereof, that will exceed 250 cubic yards.
2 . The site development permit must be obtained by all person,
partnership, or corporation, government agency and school
district within the county, before land is cleared, graded,
dredged, stripped, excavated, filled, transported, or
otherwise disturbed by the movement of earth for purposes
Se including, but not limited to the following:
a. Construction of buildings;
l° b. Construction of subdivisions;
c. Construction of lakes and ponds;
d. Mining of minerals, including sand and gravel,
e. Development of golf courses, and
f. Construction of roads and streets.
PP6
r■
r
3 . A site development permit shall not be required for any of the
following provided that the person, partnership or
ro corporation, government agency or school district responsible
for any such development shall implement necessary soil
erosion and sediment control measures to satisfy the
principles set forth in Secs. 9-20 and 9-41 of this ordinance:
a. Excavations below final grade for the basement and
footings of a single-family residence, septic systems,
drain fields, tanks, vaults, tunnels, swimming pools, or
cellars for which a building permit has been issued by
the county.
b. The construction, enlargement, relocation or
reconstruction of streets, highways, roads, or bridges or
any work performed within right-of-way for which approval
and/or a permit has been issued by the Illinois
Department of Transportation and/or county engineer.
c. Farming or other agricultural operations upon property
zoned for farming or agricultural purposes and uses as
follows:
1: (1) The construction of sod waterways,
(2) The construction of terraces,
(3) The construction of surface water diversions,
(4) The construction of grade stabilization
structures, and
(5) The tilling of the soil.
Agricultural areas should conform to responsible soil
erosion and sediment control management practices as
specified by the United States Department of Agricultural
(USDA) and standards established by the USDA - Soil
Conservation Service (SCS) , St. Charles Field Office
Technical Guide.
is-
d. Tilling of the soil for fire protection purposes.
Sec. 9-32 . Application.
16.
1. No site development permit shall be issued until the applicant
submits a site development application and plan, and
appropriate fee together with other submissions required by
this ordinance.
2 . Each application for a site development permit shall be made
by the owner of the property or authorized agent to the plat
•
r
p
L
r
officer on a form furnished for that purpose. When a land
disturbing activity is proposed as a part of a building
permit, the application may be combined on one plan, in the
number of copies required by the plat officer, showing both
building plans and site development plans. In such instances,
a professional engineer or land surveyor_ shall certify as to
the accuracy of the existing and pror;osed
Sec. 9-33. Submissions.
Each applicati.en shall be accompanied by the following information):
1. Legend, .a ..ile, north arrow, project name , ':ic_ in L., sketch
acreage of site, and name address, phone number of ner ( = . ,
developer (s) and enginecr (s) .
2 . Existing and proposed topography at minimur,l two (2) f: .at.
contours extending one hundred (100) foet beyond slce
boundaries. The plat officer may require one (1) foot
contours and additional spot elevations, to.: flat areas, and
areas within floodplains or drainageways, etc. Areas with
slopes greater than four percent (4%) shall be highlighted on
r the existing topography by shading. ..
3 . Predominant soil types and existing vegetative cover from
actual field identification.
4 . Existing and proposed road ditches, drainageways, field tiles,
storm drains, culverts, outfalls, and stockpiles.
5 . Location of existing and proposed buildings, structures,
utilities, water bodies, floodplains, wetlands, trees and
shrubs, drainage facilities, paved areas, right-of-way,
easements and any other significant natural and man-made
features on the site and adjacent land within one hundred
(100) feet of the site boundary.
6 . Septic area designation, where required.
7. Limits of disturbance by clearing, grading, dredging,
excavating, filling, trenching, etc.
8 . Delineate areas of permanent and temporary stabilization.
Include seeding mixtures and rates, sod specifications and
method of anchoring, method of seedbed preparation, expected
seeding dates, type and rate of fertilizer and lime
application, and type and recommended method of mulching for
both temporary and permanent vegetative control measures, and
types of non-vegetative stabilization measures.
9. Location of all proposed sediment control measures.
8
Wh
r
10. Design specifications of all runoff control measures,
including sediment basins and traps, diversions, forebays,
waterways, and outlets.
11. Standard details of all sediment control measures, including
computations for sediment basin and trap efficiencies and
runoff volumes.
12 . Design specifications to prevent tracking of soil off-site
from the land disturbing activity, including temporary gravel
surfaced staging areas and access driveway.
13 . Location of stockpile(s) and recommended method of
stabilization.
10 14. Off-site waste or borrow quantities, location, and recommended
methods of stabilization.
15. Phasing of development site including:
00
a. Clearing and stripping,
b. Rough grading and underground construction,
c. Paving and final grading, and
r. d. Landscaping.
Phasing should identify the areas of the site being disturbed
1: and sequence of disturbance, the expected date in which
clearing of each area will begin, the estimated duration of
exposure of cleared areas, the sequence of installation and
removal of temporary sediment control measures, installation
of storm drainage, paving streets and parking areas,
establishment of temporary and permanent vegetative cover, and
any other phases important to the project.
16. Engineer's opinion of probable cost for stabilization, erosion
and sediment control measures and maintenance.
17 . Name, . address, and phone number of the person who will have
legal responsibility for maintenance of erosion control
structures and measures during development until site is
stabilized.
Ekt
18 . The submittal should be prepared in accordance with the
standards and requirements contained in the following
publications and which should also be referenced to on the
plans:
a. "Procedures and Standards for Soil Erosion and
Sedimentation Control in Northeastern Illinois" (Revised
9
r
r
July 1988) prepared by the Northeastern Illinois Erosion
and Sedimentation Control Steering Committee;
b. "Standards and Specifications for Soil Erosion and
Sediment Control" (1987) prepared by the Illinois
Environmental Protection Agency;
c. Standard specifications for "Road and Bridge
Construction" , latest edition, prepared by the Illinois
Department of Transportation.
The county may waive specific requirements for the content of
submissions upon finding that the information submitted is
sufficient to show that the work will comply with the objectives
and principles of this ordinance.
ri Sec. 9-34. Review and Acceptance.
Each application for a site development permit shall be reviewed
00 and acted upon according to the following procedures:
1. The county will review each application for a site development
permit to determine its conformance with the provisions of
this ordinance. The county may also refer any application to
any other government or public agency within whose
jurisdiction the site is located for review and comment.
Within thirty (30) days after receiving an application, the
plat officer with concurrence of the county engineer shall in
writing:
1: a. Accept the permit application if it is found to be in
conformance with the provisions of this ordinance and
0„ issue the permit; or
b. Accept the permit application subject to such reasonable
conditions as may be necessary to secure substantially
so the objectives of this ordinance and issue the permit
subject to these conditions; or
c. Disapprove the permit application indicating the
deficiencies and the procedures for submitting a revised
application and/or submittal.
2 . No site development permit shall be issued for an intended
development site unless:
t: a. The development, including but not limited to
subdivisions and planned unit developments, has been
found by the county to be acceptable for construction, or
so
b. Such permit is accompanied by or combined with a valid
building permit issued by the county, or
0" 10
100
L
I
(1m,
c. The proposed earth moving is coordinated with an overall
development program previously approved by the county for
the area in which the site is situated; and
d. All relevant local, state, federal permits (ie:
floodplains, floodways, utility construction and
wetlands) have been received for that portion of the site
subject to a site development permit.
3. Failure of the county to act on an original or revised
application within sixty (60) days of receipt shall authorize
the applicant to proceed in accordance with the plans as filed
unless such time is extended by agreement between the county
and the applicant. Pending preparation and approval of revised
plans, development activities shall be allowed to proceed in
accordance with conditions established by the county.
Sec. 9-35. Expiration of Permit.
0' A site development permit shall expire and become null and void if
the work authorized by such permit has not been commenced within
one hundred and eighty (180) days, or is not completed by a date
which shall be specified in the permit; except, when the permit
holder presents satisfactory evidence that unusual difficulties
have prevented work from being commenced or completed within the
specified time limits; then the plat officer may, with the
concurrence of the county engineer grant a reasonable extension of
time if written application is made ten (10) business days before
the expiration date of the permit. The county may require
;Ni modification to the site development plan to prevent any increase
in erosion or off-site sediment runoff resulting from any
extension.
Sec. 9-36. Responsibility.
The permittee shall not be relieved of responsibility for damage to
00
persons or property otherwise imposed by law, and the county or its
officers or agents will not be made liable for such damage, by
1. The issuance of a permit under this ordinance,
2 . Compliance with the provisions of that permit or with
conditions attached to it by the county,
1114
3 . Failure of county officials to observe or recognize hazardous
or unsightly conditions,
r•
4 . Failure of county officials to recommend denial of or to deny
a permit, or
5. Exemptions from the permit requirements of this ordinance.
tt
40
11
U
Sec. 9-37. Storage of Plans.
Plans, specifications and reports for all site developments shall
be retained in original form or on microfilm by the plat
Secs. 9-38 - 9-40. Reserved.
DIVISION III. DESIGN STANDARDS AND REQUIREMENTS.
Sec. 9-41. Erosion and Other Pollutant-Control Requirements.
1. For disturbed areas draining less than one (1) acre, filter
barriers (including rock check dams, filter fences, straw
bales, or equivalent control measures) shall be constructed to
control all runoff from the site as specified in referenced
handbooks. Vegetative filter strips, with a minimum width of
twenty-five (25) feet, may be used as an alternative only
where runoff in sheet flow is expected.
2 . For disturbed areas draining more than one (1) but less than
five (5) acres, a sediment trap or equivalent control measure
shall be constructed at the down slope point of the disturbed
area.
3 . For disturbed areas draining more than five (5) acres, a
sediment basin or equivalent control measure shall be
constructed at the down slope point of the disturbed area.
4 . Sediment traps, barriers and basins shall be constructed and
functional prior to initiating land disturbing activity.
Earthen structures such as dams, dikes, and diversions must be
seeded and mulched within seven (7) days of installation.
5. Sediment basin and sediment trap designs shall provide for
both detention storage and sediment storage. The detention
storage shall be composed of equal volumes of "wet" detention
storage and "dry" detention storage and each shall be sized
for the two (2) year, twenty-four (24) hour runoff from the
site under maximum runoff conditions during construction. The
IP° release rate of the basin shall be the rate required to
achieve minimum detention times of at least ten (10) hours.
The elevation of the outlet structure shall be placed such
00 that it only drains the dry detention storage and the outlet
discharges at a stable location.
6. The sediment storage shall be sized to store the estimated
sediment load generated from the site over the duration of the
construction period with a minimum storage equivalent to the
volume of sediment generated in one (1) year. For construction
*' periods exceeding one (1) year, the one (1) year sediment load
and sediment removal schedule may be substituted.
12
r
(n.
7 . Stormwater conveyance channels, including ditches, swales, and
diversions, and the outlets of all channels and pipes shall be
designed and constructed to withstand the expected flow
velocity from the design storm (See Chapter 9 , Article IV of
the Kane County Code Stormwater Runoff Control Ordinance and
associated technical standards) without erosion. All
constructed or modified channels shall be stabilized within
forty-eight (48) hours, with the following standards:
a. For grades up to four percent (4%) , seeding in
combination with mulch, erosion blanket or mat, or an
equivalent control measure shall be applied. Sod or
erosion blanket or mat shall be applied to the bottom of
the channel.
b. For grades of four to eight percent (4% to 8%) , sod or an
equivalent control measure shall be applied in the
channel.
c. For grades greater than eight percent (8%) , rock riprap
or an equivalent control measure shall be applied, or the
grade shall be effectively reduced using drop structures
or rock ditch checks.
8 . Disturbed areas shall be stabilized with temporary or
permanent measures within seven (7) calendar days following
the end of active disturbance, consistent with the following
criteria:
a. Appropriate temporary or permanent stabilization measures
shall include seeding, mulching, sodding, and/or non-
vegetative measures .
00
b. Areas having slopes of greater than twelve percent (12%)
shall be stabilized with sod, erosion blanket or mat in
combination with seeding, or equivalent.
9 . Land disturbing activities in stream channels shall be
avoided, where possible. If disturbance activities are
unavoidable, the following requirements shall be met:
a. Construction vehicles shall be kept out of the stream
channel to the maximum extent practicable. Where
construction crossings are necessary, temporary crossings
shall be constructed of non-erosive material, such as
riprap or gravel.
ro
b. The time and area of disturbance of stream channels shall
be kept to a minimum. The stream channel, including bed
rr and banks, shall be stabilized within forty-eight (48)
hours after channel disturbance is completed,
interrupted, or stopped.
13
Pi
L
r
c. Whenever channel relocation is necessary, the new channel
shall be constructed and fully stabilized before flow is
diverted.
10. Storm sewer inlets and culverts shall be protected by sediment
traps or filter barriers meeting accepted design standards and
specifications.
11. Soil storage piles containing more than ten (10) cubic yards
1' of material shall not be located with a down slope drainage
length of less than twenty-five (25) feet to a roadway,
drainage channel or water body. Filter barriers, including
ri filter fence, straw bales or equivalent, shall be installed
immediately on the down slope side at the base of the piles.
If remaining for more than fifteen (15) days, they shall be
stabilized by vegetative cover, mulching, or other means.
12 . If dewatering devices are used, discharge locations shall be
protected from erosion. All pumped discharges shall be routed
through appropriately designed sediment traps or basins, or
equivalent.
13 . Each site shall have graveled (or equivalent) entrance roads,
access drives and parking areas of sufficient width and length
to prevent sediment from being tracked onto public or private
roadways. Any sediment reaching a public or private road shall
1: be removed by street cleaning (not flushing) before the end of
each workday and transported to a controlled sediment disposal
area.
[1. 14 . All temporary and permanent erosion and sediment control
practices must be maintained and repaired as needed to assure
effective performance of their intended function.
15 . All temporary erosion and sediment control measures shall be
disposed of within thirty (30) days after final site
r. stabilization is achieved with permanent soil stabilization
measures. Trapped sediment and other disturbed soils resulting
from the disposition of temporary measures should be
permanently stabilized to prevent further erosion and
sedimentation.
PPSec. 9-42. Standards Adopted by Reference.
The submissions shall be prepared in accordance with the standards
and specifications contained in the following publications:
1 . "Procedures and Standards for Urban Soil Erosion and
Sedimentation Control in Illinois" (Revised July 1988)
prepared by The Urban Committee of the Association of Illinois
Soil and Water Conservation Districts" .
PP 14
k
L
2 . "Standards and Specifications for Soil Erosion and Sediment
Control" (1987) prepared by the Illinois Environmental
Protection Agency.
3 . "Standard Specifications for Road and Bridge Construction" ,
latest edition prepared by the Illinois Department of
Transportation.
These publications are hereby incorporated into this ordinance and
made a part hereof by reference, for the purpose of exemplifying
the considerations and factors which should enter into the
preparation of a site development plan. In the event of conflict
between provisions of said manuals and of this ordinance, the more
restrictive provisions shall govern.
Secs. 9-43 - 9-47. Reserved.
DIVISION IV. CONSTRUCTION PROCEDURES AND REQUIREMENTS
Sec. 9-48. Applicability.
All land disturbing activity not specifically exempted by the
provisions of this ordinance shall be subject to the applicable
standards and requirements set forth in this ordinance.
Sec. 9-49. Maintenance of Control Measures.
All soil erosion and sediment control measures necessary to meet
the requirements of this ordinance shall be maintained periodically
in accordance with acceptable schedule by the applicant or
subsequent landowner during the period of land disturbance and
development of the site in a satisfactory manner to ensure adequate
performance.
Sec. 9-50. Construction Observations.
The county and/or designated project engineer shall observe and
inform the applicant of deficiencies for that portion of work that
fails to comply with the site development plan as approved. Where
it is found by observation that conditions are not substantially as
stated or shown in said plan, the plat officer with concurrence of
the county engineer may stop further work until a revised site
0" development plan conforming to the existing conditions is found to
be acceptable to the county.
Observations shall be in accordance with the following schedule,
and the permittee shall notify the plat officer at least two (2)
fit working days before said observation is to be made:
rw 1. Prior to proceeding with any land disturbance and upon
completion of installation of sediment and runoff control
measures (including perimeter controls and diversions) ,
0111 15
a
r
2. After stripping and clearing,
3 . After rough grading,
4 . After final grading,
5. After seeding and landscaping deadlines, and
6. After final stabilization and landscaping, prior to removal of
sediment controls.
If land disturbing activities are to be done in phases or areas,
the permittee shall give notice and request construction
observation at completion of each of the above work stages in each
phase or area. If an observation is not made and notification of
the results given within ten (10) working days after notice is
received by the county from the permittee, the permittee may
continue work at their own risk, without presuming acceptance by
the county. Notification of the results of the inspection shall be
Pm
L. given in writing at the site.
Sec. 9-51. Special Precautions.
1. If at any stage of site development the plat officer
determines by construction observation that the nature of the
site is such that further work as authorized by an existing
1: permit is likely to imperil any property, public way,
watercourse, stream, lake, wetland, or drainage structure, the
plat officer, with concurrence of the county engineer, shall
advise and may require as a condition of allowing the work to
continue, that certain reasonable special precautions be
taken as is considered advisable to avoid the likelihood of
r such peril. "Special precautions" may include, but shall not
be limited to, specifying a more level exposed slope;
construction of additional erosion control or drainage
rim facilities, berms, terracing, compaction, or cribbing;
installation of plant materials for erosion control; and
recommendations of a soils engineer, engineering geologist or
biologist may be made part of the requirements for further
10" work.
46,
2 . Where it appears that storm damage may result because the
grading on the development site is not adequate, work may be
stopped and the permittee required to install temporary
structures or take such measures as may be required to protect
adjoining property or the public safety. On large developments
ito or where unusual site conditions prevail, the plat officer,
with concurrence of the county engineer, may specify the time
of grading and time of completion or may require that the
operations be conducted in specific stages so as to insure
completion of protective measures or devices prior to the
advent of seasonal rains.
16
L
r
Sec. 9-52 . Retention of Plans and Permit.
Site development plans bearing the approval of the plat officer,
shall be maintained on the site during the progress of the work.
The permittee shall post the permit issued in a location visible
during construction.
Sec. 9-53. Amendment of Plans.
Major amendments of the site development plans shall be submitted
6: to the plat officer and shall be processed and accepted or
disapproved in the same manner as the original plans. Field
modifications of a minor nature may be authorized by the plat
officer with concurrence of the county engineer, by written
authorization to the permittee.
Secs. 9-54 - 9-59. Reserved.
DIVISION V. FEE, BONDS, APPEALS, EXCEPTIONS, SUSPENSION,
REVOCATION, NUISANCES, VIOLATIONS AND PENALTIES,
SEPARABILITY AND INCLUSIVITY.
Sec. 9-60. Fees.
kg
Filing fees for site development permits and services shall be set
from time to time by the County Board as shown in Exhibit "A" .
Sec. 9-61. Bonds.
The owner or his agent may be required to file with the plat
officer a faithful performance bond or bonds, letter of credit or
other improvement security satisfactory to the county in the
amount of one hundred and twenty percent (120%) of the design
engineer's opinion of cost or other amount deemed sufficient by the
plat officer. This is to cover all the costs of improvements,
landscaping, maintenance of improvements and landscaping, soil
erosion and sediment control measures, and construction engineering
and construction observation costs for such periods as specified by
the county.
AP
Sec. 9-62. Exceptions.
The development committee may, in accordance with the following
procedures, authorize exceptions to any of the requirements and
regulations set forth in this ordinance.
1. Application for any exception shall be made by a verified
ittp petition by the applicant of a site development permit,
stating fully the grounds of the petition and the facts relied
• upon by the applicant. Such petition shall be filed with the
taw site development permit application. In order for the
petition to be granted, it shall be necessary that the
17
PO
17
development committee find all of the following facts with
respect to the land referred to in the petition:
a. That the land of record is of such shape or size or is
affected by such physical conditions or is subject to
such title limitations that it is impossible or
impractical for the applicant to comply with all of the
requirements of this ordinance;
b. That the exception is necessary for the preservation and
enjoyment of a substantial property right of the
applicant; and
c. That the granting of the exception will not be
detrimental to the public welfare or injurious to other
property in the vicinity of the subject property.
2 . Each application for an exception shall be referred to the
plat officer to transmit recommendations to the development
committee which in turn shall review such recommendations
prior to granting or denying the exception.
3,. The development committee shall hold a public meeting on each
application for exception within thirty (30) days after
receiving application, in the manner provided with respect to
appeals. After the public meeting, the development committee
may approve the site development permit application with the
exceptions and conditions it deems necessary or it may
disapprove such site development permit application and
exception application or it may take such other action as
appropriate.
Sec. 9-63. Appeals from Permit Issuance or Denial.
The applicant, or any person or agency which received notice of the
filing of the application, may appeal the decision of the plat
officer, as provided in this ordinance to the development
committee. Such appeal may be made by filing with the plat officer
a letter of appeal, specifying the reasons thereof. Such letter
shall be filed with the plat officer no less than ten (10) days
prior to the county development committee meeting at which the
appeal is to be heard. After hearing the appeal, the development
• committee may reverse or affirm, wholly or partly, or may modify
ita any decision or requirement as in its opinion ought to be made, and
to that end shall have all the powers of the plat officer. The
development committee shall take its action at its next scheduled
meeting following the filing of the appeal, unless such time is
extended by mutual consent of the applicant and the development
committee. Factors to be considered in the review shall include,
but need not be limited to the following:
1. The effects of the proposed development activities on
N
18
w
r
a. The surface water flow to tributary and downstream lands,
b. Any comprehensive watershed management plans, and
c. The use of any retention facilities;
2 . Possible saturation of fill and unsupported cuts by water,
both natural and domestic;
111. 3 . Runoff surface waters that produce erosion and silting of
drainageways;
r: 4. Nature and type of soil or rock which when disturbed by the
proposed development activities may create earth movement and
produce slopes that cannot be landscaped;
5. Excessive and unnecessary scarring of natural - landscape
through grading or removal of vegetation.
Sec. 9-64 . Suspension or Revocation of Permit.
In the event any permittee holding a- site development permit
pursuant to this ordinance violates the terms of the permit, or
carries on site development in such a manner as to adversely
affect the health, welfare, or safety of persons residing or
working in the area of the development site or so as to be
materially detrimental to the public welfare or injurious to
property or improvements in the area, the plat officer with the
concurrence of the county engineer may suspend or revoke the site
development permit.
1. Suspension of a permit shall be a written stop-work order
issued by the plat officer and delivered to the permittee or
agent or the person performing the work. The stop-work order
shall be effective immediately, shall state the specific
�. violations cited, and shall state the conditions under which
work may be resumed. A stop-work order may remain in effect
until the next regularly scheduled meeting of the development
committee at which the conditions for revocation of the permit
as outlined in sub-paragraph 9-64 . 2 below can be met.
2 . No site development permit shall be permanently revoked until
Pi a meeting is held by the development committee. Written
notice of such hearing shall be served to the permittee,
either personally or by registered mail, and shall state:
a. The grounds for complaint or reasons for revocation, in
clear and concise language; and
00 b. The time when, and the place where such committee meeting
up will be held.
OW
ik 19
r
Such notice shall be given the permittee at least five (5) days
prior to the date set for the meeting. At any such meeting the
permittee shall be give an opportunity to be heard, and may call
witnesses and present evidence on his behalf. Upon conclusions of
such meeting the development committee shall determine whether or
not the permit shall be revoked and any applicable conditions.
Sec. 9-65. Nuisances.
This ordinance shall not be construed as authorizing any person,
partnership, corporation, government agency or school district to
maintain a private or public nuisance upon their property, and
compliance with the provisions of this ordinance shall not be a
defense in any action to abate such nuisance.
Sec. 9-66. Violations and Penalties.
No person, partnership, corporation, government agency or school
district shall perform any land disturbing activities, or cause the
1: same to be done, contrary to or in violation of any terms of this
ordinance. Any person, partnership, corporation, government agency
or school district violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor, and each day
during which any violation of any of the provisions of this
ordinance is committed, continued, or permitted shall constitute a
separate offense. Upon conviction of any such violation, such
person, partnership, corporation, government agency or school
district shall be punished by a fine not more than five hundred
dollars ($500. 00) for each offense. Each day shall be construed as
an separate offense. In addition to any other penalty authorized
by this section, any person, partnership, corporation, government
agency or school district convicted of violating any of the
provisions of this ordinance shall be required to restore the site
to the condition existing prior to commission of the violation, or
to bear the expense of such restoration.
Sec. 9-67. Separability.
The provisions and sections of this ordinance shall be deemed to be
separable, and the invalidity of any portion of this ordinance
46 shall not affect the validity of the remainder.
Sec. 9-68. Inclusivity.
This ordinance shall be enforced in conjunction with other county
ordinances as appropriate. Other county ordinances, if requiring
IP
the use of this ordinance, shall do so including this ordinance.
Secs. 9-69 - 9-75. Reserved.
11�
20
r
r
Exhibit "A"
SOIL EROSION AND SEDIMENT CONTROL ORDINANCE
Fees
Filing fees for site development permits and services shall be as
follows:
1. Less than one acre of disturbance $100. 00
2 . One to five acres of disturbance $150. 00
3 . Disturbed areas of more than five acres $200. 00
Re-examination fees shall be as follow:
1. Less than one (1) acre - where the first site development
plan is rejected due to inadequate or unacceptable
design, and additional fee of fifty dollars ($50. 00)
shall be paid before a second review is made. Where a
site development plan is rejected a second time due to
inadequate or unacceptable design, an additional fee of
seventy-five dollars ($75. 00) shall be paid before the
third review or each succeeding review is made.
2 . One (1) to five (5) acres where the first site
development plan is rejected due to inadequate or
unacceptable design, and additional fee of seventy-five
dollars ($75. 00) shall be paid before a second review is
made. Where a site development plan is rejected a second
time due to inadequate or unacceptable design, an
additional fee of one hundred dollars ($100 . 00) shall be
paid before the third review or each succeeding review is
made.
[w4
3 . Areas of more than five (5) acres - where the first site
development plan is rejected due to inadequate or
unacceptable design, and additional fee of one hundred
40 dollars ($100. 00) shall be paid before a second review is
made. Where a site development plan is rejected a second
time due to inadequate or unacceptable design, an
additional fee of one hundred twenty-five dollars
($125. 00) shall be paid before the third review or each
succeeding review is made.
ro 21
PP
r
r
Effective date:
This ordinance shall be in full force and effect after
its passage and approval as provided by law.
Adopted and approved this 12th day of November, A.D. ,
1975. (Res. No. 75-168)
Philip B. Elfstrom
Chairman of County Board
Kane County, Illinois
David L. Pierce
County Clerk of Kane County,
Illinois
Amended:
July 10, 1979 (Res. No. 79-133)
October 11, 1983 (Res. No. 83-81)
October 13, 1992 (Res. No. 92-213)
[110
101
PP
22
Chapter 9
DRAINAGE, FLOOD, EROSION AND SEDIMENTATION CONTROL*
Art. I. In General,44 94-945
• Art. II. Erosion and Sedimentation Control,44 946-9-53
Div. 1. Generally,§§9-16-9-30
Div. 2. Permits Inspections,Etc.,§§9-31-9-50
Div. 3. Operation Standards and Requirements,§§9-51-9-75
Art. HI. Special Flood Hazard Areas,44 9-76-9-99 •,
Art. IV. Stormwater Runoff Control Regulations,44 9-100-9-120
Art. V. Stormwater Management Planning Committee,44 9-121-9-123
ARTICLE I.IN GENERAL take to study, survey, map, and identify
flood plain and/or mudslide areas and co-
Sec. 9-1. Flood control measures generally. operate with neighboring communities with
The county board: respect to management of adjoining flood
plain and/or mudslide areas in order to
(1) Assures the Federal Insurance Administration prevent aggravation of existing hazards.
that it will enact as necessary,and maintain in
force for those areas having flood or mudslide d. Submit on the anniversary date of the corn-
hazards, adequate land use and control mea- munity's initial eligibility an annual report
sures with effective enforcement provisions con-
sistent with the criteria set forth in Section during the past year within the commu-
1910 of the National Flood Insurance Program nity in the development and implementa-
Regulations;and tion of flood plain and/or mudslide area
(2) Vests the director of the planning and zoning management measures.
division,with the responsibility,authority and (3) Appoints the director of the building permit
means to: and inspection division to maintain for public
a. Delineate or assist the administrator, at inspection and to furnish upon request a rec-
his request,in delineating the limits of the ord of elevations(in relation to mean sea level)
areas having special flood and/or mudslide of the lowest floor (including basement) of all
hazards on available local maps of suffi- new or substantially improved structures located
cient scale to identify the location of build- in the special flood hazard areas. If the lowest
ing sites. floor is below grade on one or more sides, the
b. Provide such information as the adminis- elevation of the floor immediately above must
trator may request concerning present uses also be recorded.
and occupancy of the flood plain and/or
mudslide area. (4) Agrees to take such other official action as may
c. Cooperate with federal, state, and local be reasonably necessary to carry out the objec-
agencies and private firms which under- tives of the program.(Res.No.76-99,7-13-76)
'Cross references—Department of public works, 4 2-2;committee on local improvements,4 2-241 et seq.;buildings and build-
ing regulations,Ch.6;planning and development,Ch. 16;sewers and sewage disposal,Ch. 18;subdivisions,Ch.19;lot drainage
in subdivisions,4 19-68 et seq.;drainage and storm sewer facilities in subdivisions,§19-111 et seq.;traile.-coach and mobile home
parks,Ch.22;drainage in trailer parks,§22-59;basic zoning ordinance,App.B;restrictions governing mining,etc.,App.B,§15.1.
Supp.No.17 -
567
4 9-2 KANE COUNTY CODE
- Sec. 9-2. Review of building permit appli- waters, and require on-site waste disposal systems
cations for flood protection meas- to be located so as to avoid impairment of them or
ures. contamination from them during flooding.(Res.No.
The building officer shall review all building per- 76-98,§3,7-13-76)
mit applications for new construction or substan- Cross reference—Sewers and sewage disposal,Ch.18.
tial improvements to determine whether proposed Sec. 9-5. Application of flood plain regula-
building sites will be reasonably safe from flooding. tion standards to building,zoning
If a proposed building site is in a location that has a and subdivision regulations.
flood hazard,any proposed new construction or sub-
stantial improvement(including prefabricated and In the administration of the building ordinance,
mobile homes)must: zoning ordinance and subdivision regulations, the
development department shall apply flood plain
(a) Be designed(or modified)and anchored to pre- regulation standards to the special flood hazard areas
vent flotation,collapse,or lateral movement of as designated by the U.S. Department of Housing
the structure; and Urban Development,Federal Insurance Admin-
(b) Use construction materials and utility equip- istration.(Res.No.76-98,§4,7-13-76)
ment that are resistant to flood damage;and • Cross references—Buildings,Ch.6;subdivisions,Ch. 19;
zoning,App.B.
(c) Use construction methods and practices that
will minimize flood damage. (Res. No. 76-98, § Secs. 9-6-9-15. Reserved.
1,7-13-76)
Sec. 9-3. Review of subdivision proposals ARTICLE II.EROSION AND
to eliminate exposure to flood SEDIMENTATION CONTROL
hazards.
The development department shall review sub DIVISION 1.GENERALLY
division proposals and other proposed new devel- Sec. 9-16. Findings of fact and purpose.
opments to assure that:
(a) All such proposals are consistent with the need (a) The county board finds as follows:
to minimize flood damage; (1) That excessive quantities of soil are eroding
(b) All public utilities and facilities,such as sewer, from areas that are undergoing development
gas, for certain non-agricultural uses,including but
electrical, and water systems are located,
elevated, not limited to,the construction of dwelling units,
and constructed to minimize or elim- commercial buildings and industrial plants,the
inate flood damage;and
building of roads and highways, and the cre-
(c) Adequate drainage is provided so as to reduce ation of recreational facilities;
exposure to flood hazards.(Res.No.76-98,§2,
7-13-76)refer (2) That the washing,blowing,and falling of eroded
Cross ace—Subdivisions,Ch 19. soil across and upon roadways endangers the
health and safety of users thereof by decreas-
Sec. 9-4. Water or sewer systems to utilize ing vision and reducing traction of road vehicles;
flood-reduction measures. (3) That said soil erosion necessitates the costly
The development department shall require new repairing of gulleys, washed-out fills, and
or replacement water supply systems and/or sani- embankments;
tary sewage systems to be designed to minimize or (4) That the sediment from said soil erosion tends
eliminate infiltration of flood waters into the sys- to clog sewers and ditches and to pollute and
tems and discharges from the systems into flood silt the rivers,streams,lakes,and reservoirs;
Supp.No.17
568
•
DRAINAGE,FLOOD,ETC.,CONTROL A 9-18
(5) That said sediment limits the use of water and replaced, pushed, dumped, pulled, transported or
waterways for most beneficial purposes,destroy- moved by man to a new location and shall include
ing fish and other aquatic life, and that said the conditions resulting therefrom.
sediment is costly and difficult to remove;and Grading means excavation or fill or any combi-
(6) That said sediment reduces the channel capac- nation thereof and shall include the conditions re-
ity of waterways,resulting in greatly increased suiting from any excavation or fill.
chances of flooding at grave danger to public Land surveyor means a registered surveyor of
health and safety.
this state.
•
(b) The county board therefore declares that the Parcel means all contiguous land in one ownership.
purposes of this article are to provide minimum
standards to safeguard persons,and to protect prop- Permittee means any person to whom a site de-
erty and prevent despoliation of the environment, velopment permit is issued.
and to promote the public welfare, by regulating
Person means any person, firm or corporation,
and controlling the design,construction,quality of public or private,the state and its agencies or pulit-
materials and use and maintenance of any devel- ical subdivisions,and the United States of America,
opment or other activity except farming which dis its agencies and instrumentalities, and any agent,
turbs or breaks the topsoil or otherwise results in servant,officer or employee of any of the foregoing.
the movement of earth on land situated in the coun-
ty.(Res.No.79-133,Art.I,7-10-79) Removal means cutting vegetation to the ground
or stumps,complete extraction,or killing by spraying.
Sec. 9-17. Definitions. Site means a lot or parcel of land,or a contiguous
As used in this article the following terms shall combination thereof,where grading work is performed
have the meanings respectively assigned to them as a single unified operation.
below: Site development means altering terrain or vege-
Building permit means a permit issued by the tation and construction driveways.
county for construction,erection,or alteration of a Site development plan means a plan prepared
structure of building.
by an engineer that shows the methods,control and
Certify or certification means the specific inspec- implementation of erosion measures,storm runoff,
tions and tests where required have been performed, and/or grading of lands for the construction of build-
and that such tests comply with the applicable re- ings and other necessary improvements.
quirements of this article. Vacant means land on which there are no struc-
Cubic yards means the amount of material in tures or only structures which are secondary to the
excavation or fill measured by the method of"aver- use of maintenance of the land itself. (Res. No.
age end areas." 79-133,Art.II,7-10-79)
Engineer means a registered engineer in the state.
Excavation means any act by which organic mat- Sec. 9-18. General criteria and standards.
ter, earth, sand, gravel, rock or any other similar The following general principles shall apply to
material is cut into, dug, quarried, uncovered, re- any movement of earth and any sedimentation and
moved,displaced, relocated or bulldozed and shall erosion control plan and the granting of a permit
include the conditions resulting therefrom. for the execution of said plan as herein provided:
Existing grade means the vertical location of the (1) Temporary vegetation or, where appropriate,
existing ground surface prior to excavation of filling. mulching or other non-viable cover shall be
Fill means any act by which earth, sand, gravel, used to protect areas exposed during develop-
rock, or any other material is deposited, placed, ment.
569
•
4 9-18 KANE COUNTY CODE
•
(2) Sediment basins,debris basins,desiltingbasins, (2) That the exception is necessaryfor the preser-
or
P P
or silt traps shall be installed and maintained vation and enjoyment of a substantial property
to remove sediment from run-off waters from right of the applicant.
land undergoing development.
(3) That the granting of the exception will not be
(3) Provisions shall be made to effectively accom- detrimental to the public welfare or injurious
modate the increased run-off caused by changed to other property in the vicinity of the subject
—soil-and-surface conditions during and after property.
development.
(d) Each proposed exception shall be referred to
(4) Permanent, final plant covering or structures the officers or agencies involved and such officers
shall be installed as soon as possible. or agencies shall transmit to the development com-
(5) The plan of development shall relate to the mittee their recommendations,which recommenda-
topography and soils of the site so that the tions shall be reviewed prior to the granting of any
lowest potential for erosion is created,and nat- exception.
ural plant covering is retained.(Res.No.79-133, (e) After review of the exception request the de-
Art.III,7-10-79) velopment committee, by resolution, may approve
the site development permit application with the
Sec. 9-19. Nuisances. exceptions and conditions it deems necessary or it
This article shall not be construed as authorizing may disapprove such site development permit ap-
any person to maintain a private or public nuisance Plication and exception application or it may take
upon their property,and compliance with the pro- such other action as is appropriate.(Res.No.79-133,
visions of this article shall not be a defense in any Art.VI(A),7-10-79)
action to abate such nuisance. (Res. No. 79-133, Sec. 9-21. Violations.
Art.VI(D),7-10-79)
No person shall construct, enlarge, alter, repair
Sec. 9-20. Exceptions. or maintain any grading,excavation or fill,or cause
(a) The county development committee may au- the same to be done, contrary to or in violation of
thorize exceptions to any of the requirements and any provisions of this article.(Res.No.79-133,Art.
regulations set forth in this article.
VI(E),7-10-79)
(b) An application for any exception shall be made Secs. 9-22-9-30. Reserved.
by filing with the plat officer a letter stating fully
the grounds of the application and the facts relied DIVISION 2.PERMITS,INSPECTIONS,ETC.
upon by the applicant. Such letter shall be filed
with the site development permit application. Sec. 9-31. Permit required.
(c) In order for the land referred to in the appli- (a) Before land is cleared, graded, transported,
cation to come within the provisions of this section, or otherwise disturbed by the movement of earth
it shall be necessary that the development commit- for purposes including,but not limited to,the con-
tee fmd all of the following facts with respect thereto: struction of buildings, the mining of minerals, in-
(1) That the land is of such shape or size or is cluding sand and gravel, the development of golf
affected by such physical conditions or is sub- courses, and the construction of roads and streets
ject to such title limitations or record that it is by any person, within the county, a site develop-
impossible or impractical for the subdivider to ment permit or building permit embodying the pro-
comply with all of the regulations of this posed earth movement shall be obtained from the
ordinance. county plat officer or building officer,where devel-
C
570
•
DRAINAGE,FLOOD,ETC.,CONTROL §9-32
opment falls under any one or more of the following (c) No exception from subsection (a)hereof shall
provisions,unless such developments are exempted be granted to any applicant who intends to move in
therefrom: excess of five hundred (500)cubic yards of materi-
(1) Excavation, fill or any combination thereof, al.(Res.No.79-133,Art.IV,(A),(B),7-10-79)
which will exceed five hundred(500)cubic yards.
_(2) Fill which will exceed three (3) feet in vertical Sec. 9-32. Permit application.
depth at its deepest point measured from the
natural ground surface. (a) No site development or building permit shall
be issued until said developer submits a site devel-
(3) Excavation will exceed four (4) feet in vertical opment plan, together with other submissions re-
depth at its deepest point. quired by this article.
(4) Excavation, fill, or any combination thereof (b) Each application for a site development per-
which will exceed an area of five thousand(5,000) mit shall be made by the owner of the property or
square feet. his authorized agent to the county plat officer on a
(5) Plant cover which is to be removed from an form furnished for that purpose. When grading or
area exceeding five thousand(5,000)square feet plant cover removal is proposed as a part of a build-
on any vacant parcel of land or any parcel of ing permit application may be combined, and one
land in excess of ten(10)acres. plot plan, in the number of copies required by the
county plat officer,may be submitted showing build-
(b) A site development permit shall not be re- ing plans and site development plans. In such in-
quired for: stances,a registered land surveyor or engineer shall
(
(1) Basements or excavations below finished grade certify as to the accuracy of the existing and pro
for septictanks and drain fields,tanks,vaults, posed contour lines. Each application shall be ac-
companied equipment basements,swimming pools, companied by the following,unless the county plat
cellars, or footings of buildings or structures officer,with the concurrence of the county superin-
for which a building permit shall have been tendent of highways and the county environment
issued by the county, unless part of a develop- director,finds any item unnecessary to insure com-
ment which would otherwise require such a Pliance with the provisions of this article.
permit. (c) With respect to site developments,a vicinity
(2) Excavation or removal of vegetation in public sketch, showing acreage of site, boundary line sur-
utility easements by public utility companies vey,zoning,type of proposed sewer and water facil-
for the purpose of installing underground ities, location of existing utilities, buildings and
utilities. known drains on and within one hundred (100)
(3) Tilling of the soil for fire protection purposes. feet of the site, together with a legend and scale.
There shall be included on or with such a vicinity
(4) Farming or other agricultural or conservation sketch:
enterprise and upon property zoned for farm- (1) A soil map of the subject property showing the
ing or agricultural purposes and uses: predominant soil types on the site.
a. the construction of sod waterways,or (2) Enough information on those areas abutting or
b. the construction of terraces,or adjacent to the site to show existing drainage
patterns and the drainage course that may af-
c. the construction of surface water diversions, fect,or be affected by the development of,the
or site.
d. the construction of grade stabilization struc- (3) The name and address of the developer or owner.
tures,or
(4) The name and address of any consulting firm
e. the tilling of the soil. retained by the applicant, together with the
Supp.Na 7
571 •
4 9-32 KANE COUNTY CODE
•
,
name of applicant's principal contact at such hereby incorporated into this division and made a
firm. part hereof by reference,for purpose of exemplify-
(5) Limits of natural flood plain,if any. ing the considerations and factors which should enter
into the preparation of a site development plan.
(6) Areas to be sodded,seeded,mulched,or paved. (Res.No.79-133,Art.IV(B),7-10-79)
(7)-Acreage of area to be vegetatively stabilized,if Sec. 9-33. Bonds.
any.
(8) Areas to be left undisturbed. The owner or his agent may be required to file
with the plat officer a faithful performance bond,
(d) With respect to site grading,existing topog- letter of credit or other improvement security satis-
raphy of the site and a one hundred(100)foot adja- factory in the amount deemed sufficient by the
cent peripheral strip, proposed contours or final county plat officer to cover all the costs of im-
grades,and street profiles;and indicating what mea- provements, landscaping, maintenance of land-
sures will be employed to protect cut and fill slopes scaping for such periods as specified by the county,
from surface run-off. engineering and inspection fees.(Res.No.79-133,
(e) Storm drainage by means of a plan based Art. IV(C), 7-10-79)
upon a competent storm drainage study, including Sec. 9-34. Review.
a drainage area map and computations, and indi-
cating what conditions now prevail at proposed and To further the specific purposes of this article
natural outlets such as: the following permit review procedures are estab-
(1) Whether the drainage course is bare earth or lished.
vegetated. (1) Where the aggregate volume of earth moving
(2) Whether the natural or proposed outlet is sub- on any site or contiguous group of site is in
ject to long term or continuous flow. excess of two hundred fifty(250)cubic yards:
(3) Whether the existing outlet is actively eroding. a. The county plat officer shall refer the ap-
plication to the soil and water conserva-
(4) Whether there is evidence of a high water table tion district for review and recommenda-
(permanent or seasonal). tions. Such recommendations shall be sub-
(5) Whether the area is subject to seepage or spring mitted to the county plat officer within
thirty(30)days.
flow.
(6) The elevation of normal water level in all pro- b. Upon receipt of the recommendation of
the soil and water conservation district,
posed and natural outlets. and after consideration thereof,the county
(7) A profile below outlet for a sufficient distance plat officer, with the concurrence of the
to indicate the natural gradient of the accept- county superintendent of highways and the
ing natural outlet or stream channel. county environmental director, shall ap-
(8) A cross-section and profile of existing stream prove,with such reasonable conditions as
he may deem necessary to secure substan-
channels where applicable. tially the objectives of this article, or dis-
(9) A ditch design and computations for all seed- approve the application for the site devel-
ed, sodded, or bare earth outlets, ditches and opment
similar water conduction facilities. c. Failure of the county plat officer to make
(f) The standards and specifications of"Erosions a determination upon the approval, con-
and Sediment Control Handbook, Kane County, ditional approval, or disapproval of the
Illinois," First Edition, as compiled for the Kane- application for a site development permit
DuPage Soil and Water Conservation District,are within sixty (60) days after receipt of all
Supp.No.7
572
DRAINAGE,FLOOD,ETC.,CONTROL *9-38
necessary information for such action will decision of the county plat officer, including any
constitute an approval of the application approval resulting from lack of action by the plat
unless such time is extended with the con- officer as provided in this article to the develop-
sent of the applicant. ment committee. Such appeal may be taken by fil-
(2) No site development permit shall be issued for ing with the plat officer a letter of appeal,specify-
_ _ an intended building site unless: ing the reasons thereof. Such letter shall be filed
with the plat officer no less than ten(10)days prior
a. Such permit is accompanied by or corn- to the county development committee meeting at
bined with a valid building permit issued which the appeal is to be heard. After hearing the
by the county,or appeal,the development committee may reverse or
b. The proposed earth moving is coordinated affirm, wholly or partly, or may modify any deci-
with any overall plan previously approved sion or requirement as in its opinion ought to be
by the county for the area in which the site made, and to that end shall have all the powers of
is situated. (Res. No. 79-133, Art. IV(D), the plat officer. The development committee shall
7-10-79;Ord.No. 83-81, 10-11-83) take its action at its next scheduled meeting follow-
ing the filing of the appeal, unless such time is
•Sec. 9-35. Civil liability for permit issuance. extended by mutual consent of the applicant and
the development committee. Factors to be consid-
The failure of the county officials to observe or ered on review shall include,but not be limited to,
recognize hazardous or unsightly conditions or to possible saturation of fill; run-off surface waters
recommend denial of a permit pursuant to the pro- that produce erosion,and silting of drainage ways;
visions of this article shall not relieve the permittee nature and type of soil or rock that when distrib-
from responsibility for the conditions or damage uted by the proposed grading may create earth
resulting therefrom,and shall not result in the coun-
ty, its officers or agents being responsible for any scaped, and excessive and unnecessary scarring of
condition or damage resulting therefrom. (Res.No. the natural landscape through grading or removal
79-133,Art.IV(F),7-10-79) of vegetation. (Res.No.79-133,Art.IV(E),7-10-79)
Sec. 9-36. Expiration of permit. Sec. 9-38. Inspections.
Every site development permit shall expire by (a) The county plat officer shall make inspections
limitation and become null and void if the work as hereinafter required and shall either approve
authorized by such permit has not been commenced that portion of the work completed or shall notify
within one hundred and eighty (180) days, except the permittee wherein the same fails to comply with
that the county plat officer may with the concur- the site development plan. Where it is found by
rence of the county superintendent of highways and inspection that conditions are not substantially as
the county environmental director, if the-permit stated or shown in said plan,the county plat officer
holder presents satisfactory evidence that unusual with the concurrence of the county superintendent
difficulties have prevented work being started,grant of highways and the county environmental director
a reasonable extension of time if written applica- may stop further work until approval is obtained
tion is made before the expiration date of the per- for a revised grading plan conforming to the exist-
mit.(Res.No.79-133,Art.IV(D),7-10-79) ing conditions.
Sec. 9-37. Appeals from permit issuance or (b) Plans for grading work bearing the stamp of
denial. approval of the county plat officer, shall be main-
tained at the site during progress of the grading.In
The applicant, as well as any person who has order to obtain inspections in accordance with the
received notice of the filing of the application for following schedule, the permittee shall notify the
site development permit,and the Kane-DuPage Soil county plat officer at least two(2)full working days
C— and Water Conservation District, may appeal the before the said inspection is to be made:
Supp.Na 7
573
9.38 !CANE COUNTY CODE
(1) When all rough grading has been completed; permit shall be suspended or revoked and any
and - applicable conditions.
(2) When all work,including installation of all drain- (3) The development committee shall hold the meet-
age and other structures and required plant- ing to consider recommendations for revocation
ing,has been completed.(Res.No.79-133,Art. or suspension of permits which have been tern-
.
IV(h) 7-1D-79) porarily suspended at the next regular sched-
uled meeting of the committee at which all
Sec. 9-39. Retention of plans, specifications, conditions of paragraph (2) above can be ful-
etc. filled.(Res.No.79-133,Art.VI(B),7-10-79)
Plans, specifications and reports for all site de- Sec. 9-41. Filing fees and deposits.
velopments shall be retained in original form or on
microfilm by the county plat officer.(Res.No.79-133, Filing fees and deposits for services shall be set
Art.IV(F),7-10-79) by the county board. (Res. No. 79-133,Art. VI(C),
7-10-79)
Sec. 9-40. Suspension or revocation of
permit. Sec. 9-42. Sample requirements for stan-
(a) In the event any person holding a site devel- dardization of erosions and sed-
opment permit issued pursuant to this article vio- invent control plans.
lates the terms of the permit,or conducts or carries The following are sample requirements for stan-
on said site development in such a manner as to dardization of erosions and sediment control plans:
materially adversely affect the health, welfare, or (1) Site Development: Information to be includ-
safety of persons residing or working in the neigh-
borhood of the property of the said permittee, or ed: Vicinity sketch, acreage of site,boundary
conducts or carries on said site development so that line survey,zoning,type of proposed sewer and
it is materially detrimental to the public welfare or water facilities,location of existing utilities,build
injurious to property or improvements in the neigh- ings, and drains on and within one hundred
borhood, the county plat officer with the concur-
(100) feet of the site,legend,and scale.
concur-
rence of the county superintendent of highways and (a) Include a general description of the pre-
the county environmental director shall revoke or dominate soil types on the site.Soil survey
suspend the site development permit. information is available at the Kane-DuPage
(b) No site development permit shall be perma- Soil and Water Conservation District Office.
nently revoked or suspended unless by action of the (b) Include information on those areas abut-
county development committee.Notice of a proposed ting or adjacent to the site to show exist-
committee action shall be given to the permittee, ing drainage patterns and the drainage
either personally or by mail,and shall state: courses that may affect the site or be af-
(1) The grounds for complaint or reasons for the fected by the development of the site.
revocation or suspension, in clear and concise (c) Include the name and address of the de-
language. veloper or owner.
(2) The time when,and the place where such com- (d) Include the name and address of the con-
mittee meeting is to be held.Such notice shall sulting firm and the name of the person to
be given the permittee at least five (5) days contact.
prior to the date set for the meeting. At any
such meeting the permittee shall be given an (e) Delineate areas to be sodded, seeded,
opportunity to be heard,and he may call wit- mulched,paved,etc.
nesses and present evidence on his behalf.Upon (f) Delineate limits of natural flood plain(s).
conclusions of such meeting the development (Based on ultimate development of water-
committee shall determine whether or not the shed.)
Supp.No.7 '
574
DRAINAGE,FLOOD,ETC.,CONTROL §9-76
(g) Include acreage of area to be vegeta- require, as a condition to allowing the work to be
tively established. done, that such reasonable safety precautions be
(h) Delineate areas to be left undisturbed. taken as he considers advisable to avoid the like-
(2) Site Grading: Show existing topography of lihood of such peril. "Special precautions" may
the site and a one hundred (100) foot adja- include, but shall not be limited to, specifying a
cent peripheral strip, proposed contours or more level exposed slope, construction of addi-
final grades, and street profiles. tional drainage facilities, berms, terracing, com-
paction, or cribbing, installation of plant mate-
(a) Are cuts and fills balanced? rials for erosion control,and reports of a registered
(b) Provide measures to protect cut and fill engineer whose recommendations may be made
slopes from surface runoff.(Res.No.79- requirements for further work.
133,Art.VI, 7-10-79)
(b) Where it appears that storm damage may
Secs. 9-43-9-50. Reserved. result because the grading is not complete, work
may be stopped and the permittee required to in-
stall temporary planting to control erosion, in-
DIVISION 3. OPERATION STANDARDS AND stall temporary structures or take such other mea-
REQUIREMENTS sures as may be required to protect adjoining
property or the public safety. On large operations
Sec. 9-51. Compliance required. or where unusual site conditions prevail, the
All earth moving, grading and grading opera- county plat officer with the concurrence of the
tions not specifically exempted by the provisions county superintendent of highways and the county
of this article shall comply with the applicable environmental director may specify the time of
standards and requirements set forth in this divi-
sion in addition to the other requirements of this require that the operations be conducted in spe-
article. (Res. No. 79-133,Art. V(A), 7-10-79) cific stages so as to ensure completion of protec-
tive measures or devices prior to the advent of
Sec. 9-52. Standards adopted by reference. seasonal rains.(Res.No.79-133,Art.V(C), 7-10-79)
The standards and specifications of the report, Secs. 9-54-9-75. Reserved.
"Standards and Specifications for Soil Erosion and
Sediment Control," March, 1978 edition, are
hereby incorporated into this division and made a ARTICLE III. SPECIAL FLOOD HAZARD
part hereof by this reference for the purpose of AREAS*
delineating procedures and methods of operation
under development plans approved in this article.
In the event of conflict between provisions of said Sec. 9-76. Purpose.
"report" and other provisions of this article, the This article is enacted pursuant to the police
more restrictive provisions shall govern.(Res.No. powers granted to this Kane County by Illinois
79-133,Art.V(B), 7-10-79) Revised Statutes, Ill. Rev. Stat. Ch. 34, sections
414,415,and 422.The purpose of this article is to
Sec. 9-53. Special precautions. maintain this Kane County's eligibility in the Na-
(a) If at any stage of the grading the county tional Flood Insurance Program; to minimize po
plat officer determines by inspection that the na- *Editor's note—Ord.No.91.221,§§100.0-1500.0,adopted
ture of the formation is such that further work as Oct. 8, 1991, did not specifically amend the Code; hence, its
authorized by an existing permit is likely to im- inclusion herein as superseding former provisions contained
peril any property, public way, watercourse or in Art. III was at the discretion of the editor. Said former
provisions pertained to similar subject matter as the new pro-
drainage structures, the county plat officer with visions and derived from Ord. No. 82-91, §§ 1-12, adopted
concurrence of the county superintendent of high- Feb.9,1982;Res.No.85.120,adopted Sept.10,1985;Ord.No.
ways and the county environmental director may 88.5,adopted Jan. 12, 1988.
Supp.No.23 575
§9-76 KANE COUNTY CODE
tential losses due to periodic flooding including and stormwater impacts, improve water
loss of life,loss of property,health and safety haz- quality,reduce soil erosion,protect aquatic
ards, disruption of commerce and governmental and riparian habitat, provide recreational
services, extraordinary public expenditures for opportunities,provide aesthetic benefits and
flood protection and relief,and impairment of the enhance community and economic develop-
tax base, all of which adversely affect the public ment. (Ord. No. 91-221, § 200.0, 10-8-91)
• health, safety and general welfare; and to pre-
serve and enhance the quality of surface waters, Sec. 9-77. Definitions.
conserve economic and natural values and pro-
vide for the wise utilization of water and related The following definitions apply to this article:
land resources. This article is adopted in order to Act shall mean an act in relation to the regula-
accomplish the following specific purposes: tion of the rivers,lakes and streams of the state of
(1) To meet the requirements of Chapter 19, Illinois,Ill.Rev.Stat. 1987,Ch. 19,Par. 52 et seq.
paragraph 65(g)of the Illinois Revised Stat- Applicant shall mean any person, firm, corpo-
utes,An Act in Relation to the Regulation ration or agency which submits an application.
of the Rivers, Lakes and Streams of the
State of Illinois,approved June 10,1911,as Appropriate use shall mean only uses of the reg-
amended. ulatory floodway that are permissible and will be
(2) To assure that new development does not considered for permit issuance.The only uses that
increase the flood or drainage hazards to will be allowed are as specified in section 9-82(4).
others,or creating unstable conditions sus- Base flood shall mean the flood having a one(1)
ceptible to erosion; percent probability of being equaled or exceeded
(3) To protect new buildings and major im- in any given year.The base flood is also known as
provements to buildings from flood damage; the one hundred-year frequency flood event. Ap-
plication of the base flood elevation at any loca-
(4) To protect human life and health from the tion is as defined in section 9-80 of this article.
hazards of flooding;
To lessen the burden on the taxpayer for Building shall mean a structure that is princi-
(5) flood control projects, repairs to flood- pally above-ground and is enclosed by walls and a
damaged public facilities and utilities, the roof. The term includes a gas or liquid storage
flood rescue and relief operation; and tank, a manufactured home, mobile home or a
prefabricated building.This term also includes rec-
(6) To make federally subsidized flood insur- reational vehicles and travel trailers to be in-
ance available for property in Kane County stalled on a site for more than one hundred eighty
by fulfilling the requirements of National (180) days.
Flood Insurance Program. Channel shall mean any river, stream, creek,
(7) To comply with the rules and regulations of brook branch, natural or artificial depression,
the National Flood Insurance Program cod- ponded area, flowage, slough, ditch, conduit cul-
ified as 44 CFR 59-79, as amended. ver, gully, ravine, wash, or natural or manmade
(8) To protect, conserve, and promote the or- drainageway,which has a definite bed and banks
derly development of land and water re- or shoreline, in or into which surface or ground-
water flows, either perennially or intermittently.
sources;
(9) To preserve the natural hydrologic and hy- Channel modification shall mean alteration of
draulic functions of watercourses and flood- a channel by changing the physical dimensions or
plains and to protect water quality and materials of its bed or banks. Channel modifica-
tion includes damming, riprapping or other ar-
aquatic habitats;
moring,widening,deepening,straightening,relo-
(10) To preserve the natural characteristics of cating, lining and significant removal of bottom
stream corridors in order to moderate flood or woody vegetation. Channel modification does
Supp.No.23 576
•
DRAINAGE,FLOOD,ETC.,CONTROL §9-77
not include the clearing of dead or dying vegeta- (2) Installing a manufactured home on a site,
tion,debris,or trash from the channel.Channeliza- preparing a site for a manufactured home,
tion is a severe form of channel modification in- or installing a travel trailer on a site for
volving typical relocation of the existing channel more than one hundred eighty (180) days.
(e.g. straightening).
(3) Drilling, mining, installing utilities, con-
- - -Compensatory storage shall mean an artificially struction of roads, bridges, or similar
excavated, hydraulically equivalent volume of projects.
storage within the SFHA used to balance the loss (4) Demolition of a structure or redevelopment
of natural flood storage capacity when artificial of a site.
fill or structures are placed within the floodplain.
The uncompensated loss of natural floodplain (5) Clearing of land as an adjunct of construc-
storage can increase off-site floodwater elevations tion.
and flows. (6) Construction or erection of levees, walls,
Conditional approval of a regulatory floodway fences, dams, or culverts; channel modifi-
map change shall mean preconstruction approval cation; filling, dredging, grading, exca-
by DWR and the Federal Emergency Manage- vating, paving, or other alterations of the
ment Agency of a proposed change to the floodway ground surface; storage of materials; de-
map. This preconstruction approval, pursuant to posit of solid or liquid waste;
this part, gives assurances to the property owner (7) Any other activity of man that might
that once an appropriate use is constructed ac- change the direction, height, or velocity of
cording to permitted plans,the floodway map can flood or surface water, including extensive
be changed,as previously agreed,upon review and vegetation removal;
acceptance of as-built plans.
Development does not include maintenance of
Conditional letter of map revision(CLOMR)shall existing buildings and facilities such as reroofing
mean a letter which indicates that the Federal or resurfacing of roads when there is no increase
Emergency Management Agency will revise base in elevation, or gardening, plowing, and similar
flood elevations, flood insurance rate zones, flood agricultural practices that do not involve-filling,
boundaries or floodway as shown on an effective grading, or construction of levees.
flood hazard boundary map or flood insurance rate
map, once the as-built plans are submitted and DWR shall mean the Illinois Department of
approved. Transportation, Division of Water Resources.
Control structure shall mean a structure de- Elevation certificates shall mean a form pub-
signed to control the rate of flow that passes lished by the Federal Emergency Management
through the structure, given a specific upstream Agency that is used to certify the elevation to
and downstream water surface elevation. which a building has been elevated.
Dam shall mean all obstructions,wall embank- Erosion shall mean the general process whereby
ments or barriers, together with their abutments soils are moved by flowing water or wave action.
and appurtenant works, if any, constructed for
the purpose of storing or diverting water or cre- Exempt organizations shall mean organizations
ating a pool. Underground water storage tanks which are exempt from this article per the Ill.
are not included. Rev.Stat. including state,federal or local units of
government.
Development shall mean any manmade change FEMA shall mean Federal Emergency Manage-
to real estate, including: ment Agency and its regulations at 44 CFR 59-79
C (1) Construction, reconstruction, repair, or effective as of October 1, 1986. This incorporation
placement of a building or any addition to a does not include any later editions or amend-
building. ments.
Supp.No.23 577
§9-77 KANE COUNTY CODE \l
Flood shall mean a general and temporary con- frequency flood plus two (2) feet of freeboard at
dition of partial or complete inundation of nor- any given location in the SFHA.
many dry.land areas from overflow of inland or
tidal waves, or the unusual and rapid accumula- Freeboard shall mean an increment of eleva-
tion or runoff of surface waters from any source. tion added to the base flood elevation to provide a
factor of safety for uncertainties in calculations,
Flood frequency shall mean a period of years, unknown localized conditions, wave actions and
based on a statistical analysis, during which a unpredictable effects such as those caused by ice
flood of a stated magnitude may be expected to be or debris jams.
equaled or exceeded.
Hydrologic and hydraulic calculations shall
Flood fringe shall mean that portion of the flood- mean engineering analysis which determine ex-
plain outside of the regulatory floodway. pected flood flows and flood elevations based on
Flood insurance rate maps(FIRM)shall mean a land characteristics and rainfall events.
map prepared by the Federal Emergency Manage- Letter of map amendment (LOMA) shall mean
ment Agency that depicts the special flood hazard the official determination by FEMA that a spe-
area (SFHA) within a community. This map in- cific structure is not in the one hundred-year flood
cludes insurance rate zones and floodplains and zone; amends the effective flood hazard boundary
may or may not depict floodways. map or FIRM.
Floodplain shall mean that land typically adja- Letter of map.revision (LOMR) shall mean the
cent to a body of water with ground surface ele- letter that revises base flood or one hundred year
vations at or below the base flood or the one frequency flood elevations, flood insurance rate
hundred-year frequency flood elevation. Flood- zones, flood boundaries or floodways as shown on
plains may also include detached special flood an effective FHBM or FIRM.
hazard areas,ponding areas,etc.The floodplain is
also known as the special flood hazard area (SF- Manufactured home shall mean a structure,
HA). The floodplains are those lands within the transportable in one(1)or more sections,which is
jurisdiction of Kane County that are subject to built on a permanent chassis and is designated for
inundation by the base flood or one hundred-year use with or without a permanent foundation when
frequency flood. The SFHA's of Kane County are connected to the required utilities.The term man-
generally identified as such on the flood insur- ufactured homes also includes park trailers,travel
ance rate map of Kane County prepared by the trailers and other similar vehicles placed on site
Federal Emergency Management Agency (or the for more than one hundred eighty (180) consecu-
U.S.Department of Housing and Urban Develop- tive days.
ment) and dated March 1, 1982.
Manufactured home park or subdivision shall
Floodproofing shall mean any combination of mean a parcel (or contiguous parcels) of land di-
structural and nonstructural additions, changes vided into two (2) or more manufactured home
or adjustments to structures which reduce or elim- lots for rent or sale.
inate flood damage to real estate or improved real
property,water and sanitary facilities,structures Mitigation includes those measures necessary
and their contents. to minimize the negative effects which floodplain
development activities might have on the public
Floodproofing certificate shall mean a form pub- health, safety and welfare. Examples of mitiga-
lished by the Federal Emergency Management tion include compensatory storage,soil erosion and
Agency that is used to certify that a building has sedimentation control, and channel restoration.
been designed and constructed to be structurally
dry floodproofed to the flood protection elevation. NGVD or National Geodetic vertical Datum of
1929 shall mean reference surface set by the Na-
Flood protection elevation(FPE)shall mean the tional Geodetic Survey deduced from a continental
elevation of the base flood or one hundred-year adjustment of all existing adjustments in 1929.
Supp.No.23 578
DRAINAGE,FLOOD,ETC.,CONTROL §9-77
Natural means those channels formed by the convey the existing and anticipated future one
existing surface topography or the earth prior to hundred-year frequency flood discharge with no
changes made by man.A natural stream tends to more than a 0.1 foot increase in stage due to the
follow a meandering path; its floodplain is not loss of flood conveyance or storage, and no more
constrained by levees;the area near the bank has than a ten (10)percent increase in velocities. The
_ not been cleared,mowed or cultivated;the stream regulatory floodways are designated for the Fox
flows over soil and geologic materials typical of River, Blackberry Creek, Blackberry Creek Trib-
the area with no substantial alteration of the utary A, Blackberry Creek Tributary B, Black-
course or cross section of the stream caused by berry Creek Tributary C, Blackberry Creek Trib-
filling or excavating.A modified channel may re- utary D,Brewster Creek,Carpenter Creek,Ferson
gain some natural characteristics over time as the Creek,Hampshire Creek Tributary,Indian Creek,
channel meanders and vegetation is reestablished. Jelkes Creek,Mahoney Creek,McKee Road Trib-
Similarly, a modified channel may be restored to utary, Mill Creek, Norton Creek, Norton Creek
more natural conditions by man through regrading Tributary,Randall Road Tributary,Sleepy Creek,
and revegetation. Tyler Creek on the flood boundary and floodway
Ordinary high water mark(OHWM)shall mean map prepared by FEMA and dated March 1, 1982;
the point on the bank or shore up to which the for Poplar Creek on the regulatory floodplain map
presence and action of surface water is so Contin-
prepared by DWR and dated July 1,1977;for Wau-
uous so as to leave a distinctive mark such as by bonsee Creek on the regulatory floodplain map
erosion, destruction or prevention of terrestrial
prepared by DWR in March 1980.
vegetation, predominance or aquatic vegetation Repair, remodeling or maintenance shall mean
or other easily recognized characteristics. development activities which do not result in any
Public flood control project shall mean a flood increases in the outside dimensions of a building
control project which will be operated and main- or any changes to the dimensions of a structure.
tained by a public agency to reduce flood damages Retention/detention facility. A "retention
to existing buildings and structures which in- facility" stores stormwater runoff without a
eludes a hydrologic and hydraulic study of the gravity release. A "detention facility" provides
existing and proposed conditions of the water- for storage of stormwater runoff and controlled
shed.Nothing in this definition shall preclude the release of this runoff during and after a flood or
design, engineering,construction or financing,in storm.
whole or in part, of a flood control project by per- Riverine SFHA shall mean any SFHA subject
sons or parties who are not public agencies.
to flooding from a river, creek, intermittent
Publicly navigable waters shall mean all streams stream,ditch,on stream lake system or any other
and lakes capable of being navigated by water- identified channel. This term does not include
craft. areas subject to flooding from lakes,ponding areas,
Registered land surveyor shall mean a land sur- areas of sheet flow, or other areas not subject to
veyor registered in the State of Illinois,under the overbank flooding.
Illinois Land Surveyors Act (Ill. Rev. Stat. 1987, Runoff shall mean the water derived from
Ch. 111, paragraphs 3201-3234). melting snow or rain falling on the land surface,
flowing over the surface of the ground or collected
Registered professional engineer shall mean an in channels or conduits.
engineer registered in the State of Illinois,under
The Illinois Professional Engineering Act(Ill.Rev. Sedimentation shall mean the processes that de-
Stat. 1987, Ch. 111, paragraphs 5101-5137). posit soils, debris, and other materials either on
Regulatory floodway shall mean the channel, other ground surfaces or in bodies of water or wa-
including on-stream lakes,and that portion of the
tercourses.
floodplain adjacent to a stream or watercourse as Special flood hazard area (SFHA) shall mean
designated by DWR,which is needed to store and any base flood area subject to flooding from a river,
Supp.No.23 579
•
§9-77 KANE COUNTY CODE
creek, intermittent stream, ditch, or any other a flood fringe, a regulatory floodway, or within a
identified channel or ponding and shown on a flood SFHA or floodplain on which no floodway has been
hazard boundary map or flood insurance rate map identified. If the site is within a flood fringe, the
as Zone A, AO, A1-30, AE, A99, AH, VO, V30, building officer shall require that the minimum
VE, V, M, or E. • requirements of section 9-81 be met. If the site is
within a floodway, the county engineer shall re-
Structure shall mean the results of a manmade quire that the minimum requirements of section
change to the land constructed on or below the 9-82 be met. If the site is located within a SFHA
ground, including the construction, reconstruc- or floodplain for which no detailed study has been
tion or placement of a building or any addition to completed and approved,the county engineer shall
a building; installing a manufactured home on a require that the minimum requirements of sec-
site;preparing a site for a manufactured home or tion 9-83 be met.
installing a travel trailer on a site for more than
one hundred eighty (180) days. In addition,the general requirements of section
9-84 shall be met for all developments meeting
Substantial improvement shall mean any re- the requirements of sections 9-81, 9-82, or 9-83.
pair, reconstruction or improvement of a struc- The county engineer shall assure that all subdi-
ture, the cost of which equals or exceeds fifty(50) vision proposals shall meet the requirements of
percent of the market value of the structure ei- section 9-85.
ther, (a) before the improvement or repair is
started, or(b) if the structure has been damaged, If a variance is to be granted for a proposal,the
and is being restored,before the damage occurred. county engineer shall review the requirements of
For the purposes of this definition "substantial section 9-86 to make sure they are met. In addi-
improvement"is considered to occur when the first tion,the building officer shall complete all notifi-
alteration of any wall,ceiling,floor or other struc- cation requirements.
tural part of the building commences,whether or In order to assure that property owners obtain
not that alteration affects the external dimen- permits as required in this article, the building
sions of the structure. The term does not, how- officer may take any and all actions as outlined in
ever, include either (1) any project for improve- section 9-88. (Ord. No. 91-221, § 400.0, 10-8-91)
ment of a structure to comply with existing state
or local health, sanitary, or safety code specifica-
tions which are solely necessary to assure safe Sec. 9-79. Duties of the enforcement offi-
living conditions or (2) any alteration of a struc- cial(s).
ture listed on the National Register of Historic The building officer shall be responsible for the
Places or a State Inventory of Historic Places. general administration and enforcement of this
Transition section shall mean the reaches of the article which shall include the following:
stream or floodway where water flows from a (1) Determining the floodplain designation.
narrow cross section to a wide cross section or vice Check all new development sites to deter-
versa.(Ord.No.91-221, § 300.0, 10-8-91;Ord.No. mine whether they are in a special flood
91-308, 12-10-91) hazard area(SFHA).If they are in a SFHA,
determine whether they are in a floodway,
Sec. 9-78. How to use this article. flood fringe or in a floodplain on which a
detailed study has not been conducted which
The building officer shall be responsible for ful- drains more than one (1) square mile.
filling all of the duties listed in section 9-79 below.
(2) Professional engineer review. If the devel-
To fulfill those duties, the building officer first opment site is within a floodway or in a
should use the criteria listed in section 9-80 below, floodplain on which a detailed study has
to determine whether the development site is lo- not been conducted which drains more than
cated within a floodplain,the building officer must one(1)square mile then the permit shall be
determine whether the development site is within referred to a registered professional engi-
Supp.No.23 580
•
DRAINAGE,FLOOD,ETC.,CONTROL §9-79
neer(P.E.)under the employ or contract of permit documents,variance documentation,
Kane County for review to ensure that the conditional letter of map revision, letter of
development meets the requirements of sec- map revision,letter of map amendment and
tion 9-82.In the case of an appropriate use, "as-built"elevation and floodproofing or el-
the P.E. shall state in writing that the de- evation and floodproofing certificates for all
velopment meets the requirements of sec- buildings constructed subject to this article.
- - -tion 9-82. (9) State permits. Ensure that construction au-
(3) Dam safety requirements. Ensure that a thorization has been granted by the Illinois
DWR dam safety permit has been issued or Division of Water Resources, for all devel-
a letter indicating no dam safety permit is opment projects subject to sections 9-82 and
required, if the proposed development ac- 9-83 of this article, unless enforcement re-
tivity includes construction of a dam as de- sponsibility has been delegated to Kane
fined in section 9-77. Regulated dams may County. Upon acceptance of this article by
include weirs, restrictive culverts or im- DWR and FEMA, responsibility is hereby
poundment structures. delegated to Kane County as per 92 Ill.
(4) Other permit requirements.Ensure that any Adm. Code 708 for construction in the reg
and all required federal,state and local per- ulatory floodway and floodplain when flood-
mits are received prior to the issuance of a ways have not been defined in sections 9-82
floodplain development permit. and 9-83 of this article. However, the fol-
lowing review approvals are not delegated
(5) Plan review and permit issuance. Ensure to Kane County and shall require review or
that all development activities within the permits from DWR:
SFHAs of the jurisdiction of Kane County a. Organizations which are exempt from
meet the requirements of this article and this article, as per the Illinois Revised
issue a floodplain development permit in Statutes;
accordance with the provisions of this ar-
ticle and other regulations of this commu- b. Department of Transportation projects,
nity when the development meets the con- dams or impoundment structures as de-
ditions of this article. fined in section 9-77 and all other state,
•
federal or local units of government
(6) Inspection review. Inspect all development projects, including projects of other
projects before, during and after construe- local jurisdictions and the county, ex-
tion to assure proper elevation of the struc- cept for those projects meeting the re-
ture and to ensure they comply with the quirements of 9-82(9);
provisions of this article. c. An engineer's determination that an
(7) Elevation and floodproofing certificates. existing bridge or culvert crossing is
Maintain in the permit files an elevation not a source of flood damage and the
analysis indicating the proposed flood
certificate certifying the elevation of the profile, per section 9-82(5);
lowest floor(including basement) of a resi- d. An engineer's analysis of the flood pro-
dential or nonresidential building or the el-
file due to section 9-82(5)d;
evation to which a nonresidential building e. Alternative transition sections and hy-
has been floodproofed,using a floodproofing draulically equivalent compensatory
certificate, for all buildings subject to sec- storage as indicated in section
tion 9-84 of this article for public inspection 9-82(5)(a., b. and h.);
and provide copies of same.
f. Permit issuance of structures within or
(8) Records for public inspection. Maintain for over publicly navigable rivers, lakes
public inspection and furnish upon request and streams;
base flood data, SFHA and regulatory g. Any changes in.:the base flood eleva-
tion maps, copies of federal or state tion or floodway locations; and,
Supp.No.23 581
•
§9-79 KANE COUNTY CODE
)
h. Base flood elevation determinations hundred-year flood profiles in the flood in-
where none now exist. surance study of Kane County prepared by
(10) Cooperation with other agencies. Cooperate FEMA(or the Department of Housing and
with state and federal floodplain manage- Urban Development) and dated Sept. 1,
ment agencies to improve base flood or one 1981, and such amendments to such study
hundred-year frequency flood and floodway and maps as may be prepared from time to
Sats and to improve the administration of time.
this article. Submit data to DWR and the (2) The base flood or one hundred-year fre-
Federal Emergency Management Agency quency flood elevation for each SFHA de-
for proposed revisions of a regulatory map. lineated as an "AH Zone" or "AO Zone"
Submit reports as required for the National shall be that elevation(or depth)delineated
Flood Insurance Program. Notify the Fed- on the flood insurance rate map of Kane
eral Emergency Management Agency of County.
any proposed amendments to this article.
(11) Promulgate regulations. Promulgate rules (3) The base flood or one hundred year fre
and regulations as necessary to administer quency flood elevation for each of the re
and enforce the provisions of this article, maining SFHAs delineated as an"A Zone"
subject however to the review and approval on the flood insurance rate map of Kane
of DWR and FEMA for any article changes. County shall be according to the best ex-
(Ord. No. 91-221, § 500.0, 10-8-91) isting data available in the Illinois State
Water Survey Floodplain Information Re-
Sec. 9-80. Base flood elevation. pository. When no base flood or one
hundred-year frequency flood elevation ex-
This article's protection standard is based on ists,the base flood or one hundred-year fre-
the flood insurance study for Kane County. If a quency flood elevation for a riverine SFHA
base flood elevation or one hundred-year frequency shall be determined from a backwater
flood elevation is not available for a particular model, such as HEC-II, WSP-2, or a dy-
site, then the protection standard shall be ac- namic model such as HIP. The flood flows
cording to the best existing data available in the used in the hydraulic models shall be ob-
Illinois State Water Survey's Floodplain Informa- tained from a hydrologic model, such as
tion Repository.When a party disagrees with the HEC-1 TR-20,or HIP,or by techniques pre-
best available data, he/she may finance the de- sented in various publications prepared by
tailed engineering study needed to replace ex- the United States Geological Survey for es-
isting data with better data and submit it to DWR timating peak flood discharges.Flood flows
and FEMA. should be based on anticipated future land
(1) The base flood or one hundred-year fre- use conditions in the watershed as deter-
quency flood elevation for the SFHAs of the mined from adopted local and regional land
Fox River and Blackberry Creek, Black- use plans.Along any watercourses draining
berry Creek Tributary A,Blackberry Creek more than one (1) square mile in an urban
Tributary B, Blackberry Creek Tributary or urbanizing area, or more than ten (10)
C, Blackberry Creek Tributary D,. Brew- square miles in a rural area,the above anal-
ster Creek, North Arm Brewster Creek, yses shall be submitted to DWR for ap-
Ferson Creek,Indian Creek,Jelkes Creek, proval,once approved it must be submitted
Mahoney Creek,Mill Creek,Norton Creek, to the Illinois State Water Survey Flood-
Norton Creek Tributary, Poplar Creek, plain Information Repository for filing. For
Sleepy Creek, Tyler Creek, Randall Road a nonriverine SFHA, the base flood eleva-
Tributary, Waubonsee Creek, Hampshire tion shall be the historic flood of record plus
Creek Tributary and McKee Road Tribu- three (3) feet, unless calculated by a de-
tary shall be as delineated on the one tailed engineering study and approved by
Supp.No.23 582
DRAINAGE,FLOOD,ETC.,CONTROL §9-81
the Illinois State Water Survey. (Ord. No. higher than the base flood elevation as
91-221, § 600.0, 10-8-91) of the sites first flood insurance rate
map identification is not in the SFHA
Sec. 9.81. Occupation and use of flood fringe and, therefore, not subject to the re-
areas, quirements of this article.The building
Development in and/or filling of the flood fringe official shall maintain documentation
of the- -will be permitted if protection is provided against development exsiteting ground elevation at the
at
the base flood or one hundred-year frequency flood thisground
eland certification prior to
by proper elevation,the compensatory storage and this ground the site's existed r-
the date of site's first flood insur-
other provisions of this article are met. No use ance rate map identification.
will be permitted which adversely affects the ca- c. Soil erosion and sedimentation control
pacity of drainage facilities or systems. Develop- plan. A soil erosion and sedimentation
ments located within the flood fringe shall meet control plan for disturbed areas shall
the requirements of this section, along with the be submitted.This plan shall include a
requirements of section 9-84. description of the sequence of grading
(1) Development permit. No person, firm, cor- activities and the temporary sediment
• poration, or governmental body not ex- and erosion control measures to be im-
empted by state law shall commence any plemented to mitigate their effects.
development in the SFHA without first ob- This plan shall also include a descrip
taining a development permit from Kane tion of final stabilization and revege
County. - tation measures,and the identification
of a responsible party to ensure Post-
a. Application. Application for a develop-
ment permit shall be made on a form d. Copies of other permits required. The
provided by the building officer. The building officer shall be responsible for
application shall be accompanied by obtaining from the applicant, copies of
drawings of the site, drawn to scale, all other local, state and federal per-
showing property line dimensions and mits, approvals or permit-not-required
legal description for the property and letters that may be required for this
sealed by a licensed engineer, archi- type of activity. The building officer
tect or land surveyor; existing grade shall not issue a permit unless all other
elevation in M.S.L., 1929 adj.datum or local, state and federal permits have
N.G.V.D. and all changes in grade re- been obtained.
sulting from excavation or filling; the
location and dimensions of all build- (2) Preventing increased damages. No develop-
ings and additions to buildings.For all ment in the flood fringe shall create a threat
proposed buildings,the elevation of the to public health and safety.
lowest floor (including basement) and a. If fill is being used to elevate the site
lowest adjacent grade shall be shown above the base flood or one hundred-
on the submitted plans and the devel- year frequency flood elevation, the ap-
opment will be subject to the require- plicant shall submit sufficient data and
ments of section 9-84 of this article. obtain a letter of map revision(LOMR)
b. Receipt of development permit; mainte- from FEMA for the purpose of removing
nance of documentation. Upon receipt the site from the floodplain.
of a development permit application, b. Compensatory storage. Whenever any
the building officer shall compare the portion of a floodplain is authorized for
elevation of the site to the base flood or use, the volume of space which will be
one hundred-year frequency flood ele- occupied by the authorized fill or struc-
vation. Any development located on
ture below the base flood or one
land that can be shown to have been hundred-year frequency flood elevation
Supp.No.23 582.1
§9-81 KANE COUNTY CODE
shall be compensated for and balanced b. Site location (including legal descrip-
by a hydraulically equivalent volume tion)of the property,drawn to scale,on
of excavation taken from below the base the regulatory floodway map, indi-
flood or one hundred-year frequency cating whether it is proposed to be in
flood elevation.The excavation volume an incorporated or unincorporated area;
shall be at least equal to one and one- c. Name of stream or body of water af-
__ -
half(11/2) times the volume of storage fected;
lost due to the fill or structure. In the d. Description of proposed activity;
case of streams and watercourses,such e. Statement of purpose of proposed ac-
excavation shall be made opposite or tivity;
adjacent to the areas so filled or occu- f. Anticipated dates of initiation and corn-
pied. All floodplain storage lost below pletion of activity;
the existing ten-year flood elevation g. Name and mailing address of the owner
shall be replaced below the proposed of the subject property if different from
ten-year flood elevation.All floodplain the applicant;
storage lost above the existing ten-year h. Signature of applicant or the appli-
flood elevation shall be replaced above cant's agent;
the proposed ten-year flood elevation. i. If the applicant is a corporation, the
All such excavations shall be con- president or other authorized officer
structed to drain freely and openly to shall sign the application form;
the watercourse. (Ord. No. 91-221, § j. If the applicant is a partnership, each
700.0, 10-8-91) partner shall sign the application form;
Sec. 9-82. Occupation and use of identified and
floodways. k. If the applicant is a land trust,the trust t
This section applies to proposed development, officer shall sign the name of the \
redevelopment,site modification or building mod- trustee by him/her as trust officer. A
ification within a regulatory floodway. The regu- disclosure affidavit shall be filed with
latory floodway shall be as delineated on the reg- the application, identifying each bene
ad-
ulatory floodway maps designated by DWR ficiary of the trust by name and according and referenced in section 9-77. Only dress and defining the respective inter-
those uses and structures will be permitted which ests therein.
meet the criteria in this section.All floodway mod- 1. Plans of the proposed activity shall be
ifications shall be the minimum necessary to ac- provided which include as a minimum:
complish the purpose of the project. The develop- 1. A vicinity map showing the site of
ment shall also meet the requirements of section the activity,name of the waterway,
9-84. boundary lines, names of roads in
(1) Development permit. No person, firm, cor- the vicinity of the site, graphic or
poration or governmental body not ex- numerical scale, and north arrow;
empted by state law shall commence any 2. A plan view of the project and en-
development in a floodway without first ob- gineering study reach showing ex-
taining a development permit from the isting and proposed conditions in-
building officer. eluding principal dimensions of the
structure or work, elevations in
(2) Application for permit.Application for a de- mean sea level (1929 adjustment)
velopment permit shall be made on a form datum or N.G.V.D.,adjacent prop-
provided by the building officer.The appli- erty lines and ownership,drainage
cation shall include the following informa- and flood control easements, loca-
tion: tion of any channels and any ex-
a. Name and address of applicant; isting or future access roads, dis-
Supp.No.23 582.2
DRAINAGE,FLOOD,ETC.,CONTROL §9-82
tance between proposed activity o. If the regulatory floodway delineation,
and navigation channel(when the base flood or one hundred-year fre-
proposed construction is near a quency flood elevation will change due
commercially navigable body of to the proposed project,the application
water), regulatory floodway limit, will not be considered complete until
• _-_ - floodplain limit,specifications and DWR has indicated conditional ap-
dimensions of any proposed proval of the regulatory floodway map
channel modifications,location and change. No structures may be built
orientation of cross sections,north until a letter of map revision has been
arrow,and a graphic or numerical approved by FEMA.
scale; p. The application for a structure shall be
3. Cross section views of the project accompanied by drawings of the site,
and engineering study reach drawn to scale showing property line
showing existing and proposed con- dimensions and existing ground eleva-
ditions including principal dimen- tions and all changes in grade resulting
sions of the work as shown in plan from any proposed excavation or filling,
view,existing and proposed eleva- and floodplain and floodway limits;
tions,normal water elevation,ten- sealed by a registered professional en
year frequency flood elevation,one gineer, licensed architect or registered
hundred-year frequency elevation, land surveyor; the location and dimen-
and graphic or numerical scales sions of all buildings and additions to
( (horizontal and vertical);
4. A soil erosion and sedimentation buildings; and the elevation of thelowest floor(including basement)of all
control plan for disturbed areas. proposed buildings subject to the re-
This plan shall include a descrip- quirements of Section 9-84 of this ar-
tion of the sequence of grading ac- ticle.
tivities and the temporary sedi- q If the proposed project involves a
ment and erosion control measures channel modification, the applicant
to be implemented to mitigate shall submit the following information:
their effects. This plan shall also 1. A discussion of the purpose of and
include a description of final sta- need for the proposed work;
bilization and revegetation mea- 2. A discussion of the feasibility of
sures, and the identification of a using alternative locations or
responsible party to ensure post- methods to accomplish the purpose
construction maintenance. of the proposed work;
5. A copy of the regulatory floodway 3. An analysis of the extent and per-
map, marked to reflect any pro- manence of the impacts the project
posed change in the regulatory would have on the physical and bi-
floodway location. ological conditions of the body of
water affected;
m.• Any and all other local, state and fed- 4. An analysis of the extent and per-
eral permits or approval letters that manence of the impacts each fea-
may be required for this type of devel- sible alternative identified in sub-
opment. section(5)d.l.of this section would
n. Engineering calculations and sup- have on the physical and biolog-
porting data shall be submitted ical conditions of the body of water
C showing that the proposed work will affected;meet the permit criteria of subsection 5. An analysis of the impacts of the
(4) of this section. proposed project, considering cu-
Supp.No.23 582.3
§9-82 KANE COUNTY CODE
•
mulative effects on the physical or shoreline, such as pumping and
and biological conditions of the treatment facilities, and facilities and
body of water affected. improvements related to recreational
(3) Copies of other permits required. The boating,commercial shipping and other
building officer shall be responsible for ob- functionally water dependent uses;
_taining from the applicant copies of all other c. Storm and sanitary sewer outfalls;
local, state, and federal permits and ap- d. Underground and overhead utilities;
provals that may be required for this type e. Recreational facilities such as playing
of activity. The building officer shall not fields and trail systems including any
issue the development permit unless all re-. related fencing (at least fifty (50) per-
quired federal and state permits have been cent open when viewed from any one
obtained. A registered professional engi- (1)direction)built parallel to the direc-
neer,under the employ or contract of Kane tion of flood flows, and including open
County shall review and approve applica- air pavilions;
tions reviewed under this section. f. Bridges,culverts,roadways,sidewalks,
(4) Preventing increased damages and a list of railways, runways and taxiways and
appropriate uses. The only development in any modification thereto;
a floodway which will be allowed are ap- g. Parking lots and any modifications
propriate uses, which will not cause a rise thereto(where depth of flooding at the
in the base flood elevation, and which will one hundred-year frequency flood event
not create a damaging or potentially dam- will not exceed 1.0 foot) and aircraft
aging increase in flood heights or velocity parking aprons built at or below ground
or be a threat to public health and safety elevation; (
and welfare or impair the natural hydro- h. Regulatory floodway regrading,
logic and hydraulic functions of the without fill, to create a positive noner-
floodway or channel, or permanently im- osive slope toward a watercourse.
pair existing water quality or aquatic hab- i. Floodproofing activities to protect pre-
itat. Construction impacts shall be mini- viously existing lawful structures in- -
mized by appropriate mitigation methods eluding the construction of watertight
as called for in this article. Only those ap- window wells, elevating structures, or
propriate uses listed in 92 Ill. Adm. Code construction of floodwalls around resi-
708 will be allowed. Appropriate uses do dential, commercial or industrial prin-
not include the construction or placement cipal structures where the outside toe
of any new structures, fill, building addi- of the floodwall shall be no more than
tions, buildings on stilts, excavation or ten(10)feet away from the exterior wall
channel modifications done to accommo- of the existing structure, and, which
date otherwise nonappropriate uses in the are not considered substantial improve-
floodway,fencing(including landscaping or merits to the structure.
planting designed to act as a fence) and j. In the case of damaged or replacement
storage of materials except as specifically buildings, reconstruction or repairs
defined above as an appropriate use. The made to buildings that are valued at
approved appropriate uses are as follows: less than fifty(50)percent of the market
a. Flood control structures, dikes, dams value of the building before it was dam-
and other public works or private im- aged or replaced, and which do not in-
provements relating to the control of crease the outside dimensions of the
drainage, flooding, erosion, or water building.
quality or habitat for fish and wildlife. k. Additions to existing buildings above
b. Structures or facilities relating to the the BFE that do not increase the build-
use of,or requiring access to,the water ing's footprint and are valued at less
Supp.No.23 582.4
DRAINAGE,FLOOD,ETC.,CONTROL §9-82
than fifty (50) percent of the market changing from a vegetative to a
value of the building. nonvegetative land cover.
(5) Engineering and mitigation criteria re- 3. Transition sections shall be pro
garding the construction of an appropriate vided and used in calculations of
use. Within the regulatory floodway maps effective regulatory floodway con
- - designated by DWR,the construction of an veyance. The following expansion
appropriate use will be considered permis- and contraction ratios shall be used
sible provided that the proposed project unless an applicant s engineer can
meets the following engineering and miti- prove to DWR through engineering
gation criteria and is so stated in writing calculations or model tests that
with supporting plans, calculations and more abrupt transitions may be
data by a registered professional engineer used with the same efficiency:
and provided that any structure meets the (i) When water is flowing from a
protection requirements of section 9-84 of narrow section to a wider sec-
this article: tion, the water should be as-
a. Preservation of flood conveyance,so as sumed to expand no faster
not to increase flood stages upstream. than at a rate of one (1) foot
For appropriate uses other than bridge horizontal for every four (4)
or culvert crossings, on-stream struc- feet of the flooded stream s
•
tures or dams, all effective regulatory length.
floodway conveyance lost due to the (ii) When water is flowing from a
project will be replaced for all flood wide section to a narrow sec-
events up to and including the one tion, the water should be as-
hundred-year frequency flood.In calcu- sumed to contract no faster
lating effective regulatory floodway than at a rate of one (1) foot
conveyance,the following factors shall horizontal for every one(1)foot
be taken into consideration. of the flooded stream's length.
(iii) When expanding or con-
1. Regulatory floodway conveyance, tracting flows in a vertical di-
rection, a minimum of one (1)
= 1.486 AR213 foot vertical transition for
n every ten (10) feet of stream
length shall be used.
where"n"is Manning's roughness (iv) Transition sections shall be
factor, "A" is the effective area of provided between cross sec-
the cross section, and "R" is the tions with rapid expansions
ratio of the area to the wetted pe- and contractions and when
rimeter. (See Open Channel Hy- meeting the regulatory
draulics, Ven Te Chow, 1959, floodway delineation on adja-
McGraw-Hill Book Company,New cent properties.
York) (v) All cross sections used in the
2. The same Manning's "n" value calculations shall be located
shall be used for both existing and perpendicular to flood flows.
proposed conditions unless a re- b. Preservation of floodway storage so as
corded maintenance agreement not to increase downstream flooding.
with a federal, state, or local unit Compensatory storage shall be pro-
of government can assure the pro- vided for any regulatory floodway
posed conditions will be main- storage lost due to the proposed work
tained or the land cover is from the volume of fill or structures
Supp.No.23 582.5
§9-82 KANE COUNTY CODE
•
placed and the impact of any related avoided by the use of rip-rap or other
flood control projects. Compensatory design measures.
storage for fill or structures shall be - d. Construction of new bridges or culvert
equal to at least 11/2 times the volume crossings and roadway/approaches.The
of floodplain storage lost. Artificially proposed structure shall not result in
_
created storage lost due to a reduction an increase of upstream flood stages
-
in head loss behind a bridge shall not greater than 0.1 foot when compared
be required to be replaced. The corn- to the existing conditions for all flood
pensatory regulatory floodway storage events up to and including the one
shall be placed between the proposed hundred-year frequency event; or the
normal water elevation and the pro- upstream flood stage increases will be
posed one hundred year flood elevation. contained with the channel banks (or
All regulatory floodway storage lost within existing vertical extensions of
below the existing ten-year flood eleva- the channel banks) such as within the
tion shall be replaced below the pro- design protection grade of existing
posed ten-year flood elevation.All reg- levees or flood walls or within recorded
ulatory floodway storage lost above the flood easements. If the proposed con-
existing ten-year flood elevation shall struction will increase upstream flood
be replaced above the proposed ten- stages greater than 0.1 feet, the devel- •
year flood elevation. All such excava- oper must contact DWR,dam safety sec-
tions shall be constructed to drain tion for a dam safety permit or waiver.
freely and openly to the watercourse.If
the compensatory storage will not be 1. The engineering analysis of up-
placed at the location of the proposed stream flood stages must be calcu- (\
construction, the applicant's engineer lated using the flood study flows,
shall demonstrate to DWR through a and corresponding flood elevations
determination of flood discharges and for tailwater conditions for the
water surface elevations that the corn- flood study specified in section 9-80
of this article.Culverts must be an-
pensatory storage is hydraulically
equivalent. Finally, there shall be no alyzed using the U.S.DOT,FHWA
reduction in floodway surface area as a hydraulic chart for the selection of
result of a floodway modification, un- highway culverts.Bridges must be
less such modification is necessary to analyzed using the U.S.DOT/Fed-
reduce flooding at existing structure. eral Highway Administration hy-
c. Preservation of floodway velocities so draulics of bridge waterways cal-
as not to increase stream erosion or culation procedures.
flood heights.For all appropriate uses, 2. Lost floodway storage must be corn-
except bridges or culverts or on stream pensated for per subsection (5)b.
structures, the proposed work will not 3. Velocity increases must be miti-
result in an increase in the average gated per subsection (5)c.
channel or regulatory floodway veloci- 4. If the crossing is proposed over a
ties or stage for all flood events up to public water that is used for recre-
and including the one hundred-year fre- ational or commercial navigation,
quency event. However, in the case of a department of transportation
bridges or culverts or on stream struc- permit must be received.
tures built for the purpose of backing 5. The hydraulic analysis for the
up water in the stream during normal backwater caused by the bridge
or flood flows, velocities may be in- showing the existing condition and
creased at the structure site if scour, proposed regulatory'profile must
erosion and sedimentation will be be submitted to DWR for concur-
Supp.No.23 582.6
•
DRAINAGE,FLOOD,ETC.,CONTROL §9-79
rence that a CLOMR is not re- vertical extensions of the channel
quired by subsection (4). banks) such as within the design pro-
6. All excavations for the construc- Lection grade of existing levees or flood
tion of the crossing shall be de- walls or within recorded flood ease-
signed per subsection (5)h. ments. A permit or letter indicating a
permit is not required must be obtained
- - - e. Reconstruction or modification of ex- from DWR, dam safety section for a
isting bridges, culverts, and approach dam safety permit or waiver for any
roads. structure built for the purpose of
1. The bridge or culvert and roadway backing up water in the stream during
approach reconstruction or modifi- normal or flood flow.All dams and im-
cation shall be constructed with no poundment structures as defined in sec-
more than 0.1 foot increase in back- tion 9-77 shall meet the permitting re-
water over the existing flood pro- - quirements of 92 Ill. Adm. Code 702
file for all flood frequencies up to (Construction and Maintenance of
and including the one hundred- Dams).If the proposed activity involves
year event, if the existing struc- a modification of the channel or
ture is not a source of flood floodway to accommodate an impound-
damage. ment, it shall be demonstrated that:
2. If the existing bridge or culvert and 1. The impoundment is determined to
roadway approach is a source of be in the public interest by pro-
( flood damage to buildings or struc-
tures in the upstream floodplain, ation, or regional stormwater de-
the applicant's engineer shall eval- tention;
uate the feasibility of redesigning 2. The impoundment will not prevent
the structure to reduce the existing the migration of indigenous fish
backwater, taking into consider- species,which require access to up-
ation the effects on flood stages on stream areas as part of their life
upstream and downstream proper- cycle, such as for spawning;
ties. 3. The impoundment will not cause
3. The determination as to whether or contribute to degraded water
or not the existing crossing is a quality or habitat conditions. Im-
source of flood damage and should poundment design should include
be redesigned must be prepared in gradual bank slopes, appropriate
accordance with the Department of bank stabilization measures, and
Transportation Rules 92 Ill. Adm. a presedimentation basin.
Code 708 (Floodway Construction 4. A nonpoint source control plan has
in Northeastern Illinois) and sub- been implemented in the upstream
mitted to the division for review watershed to control the effects of
and concurrence before a permit is sediment runoff as well as mini-
issued. mize the input of nutrients,oil and
1. On-stream structures built for the pur- grease, metals, and other pollut-
pose of backing up water.Any increase ants. If there is more than one (1)
in upstream flood stages greater than municipality in the upstream wa-
0.1 foot when compared to the existing tershed,the municipality in which
conditions,for all flood events up to and the impoundment is constructed
including the one hundred-year fre- should coordinate with upstream
quency event shall be contained within municipalities_ to ensure compre-
the channel banks (or within existing hensive watershed control;
Supp.No.23 582.7
§9-82 KANE COUNTY CODE
•
5. The project otherwise complies downstream of the transition sec-
with the requirements of this sec- tions.
tion 9-82.
i. If the proposed activity involves a
g. Floodproofing of existing habitable,res- channel modification, it shall be dem-
idential and commercial structures. If onstrated that:
construction is required beyond the out-
side dimensions of the existing 1. There are no practicable alterna-
building, the outside perimeter of the tives to the activity which would
floodproofing construction shall be accomplish its purpose with less
placed no further than ten(10)feet from impact to the natural conditions of
the outside of the building.Compensa- the body of water affected.Possible
tion of lost storage and conveyance will alternatives include levees, bank
not be required for floodproofing activ- stabilization, floodproofing of ex-
ities. isting structures,removal of struc-
h. Excavation in the floodway. When ex- tures from the floodplain,clearing
cavation is proposed in the design of the channel, high flow channel,or
bridges and culvert openings,including. the establishment of a stream side
the modifications to and replacement buffer strip or green belt. Channel
of existing bridge and culvert struc- modification is acceptable if the
• tures,or to compensate for lost convey- purpose is to restore natural con-
ance for other appropriate uses, tran- ditions and improve water quality
sition sections shall be provided for the and fish and wildlife habitat;
excavation. The following expansion
and contraction ratios shall be used un- 2. Water quality, habitat, and other
less an applicant's engineer can prove natural functions would be signif-
to DWR through engineering calcula- icantly improved by the modifica-
tions or model tests that more abrupt tion and no significant habitat area
transitions may be used with the same may be destroyed, or the impacts
efficiency: are offset by the replacement of an
equivalent degree of natural re-
l. When water is flowing from a source values;
narrow section to a wider section, 3. The activity has been planned and
the water should be assumed to ex- designed and will be constructed
pand no faster than at a rate of in a way which will minimize its
one(1)foot horizontal for every four adverse impacts on the natural
(4) feet of the flooded stream's conditions of the body of water af-
length; fected, consistent with the fol-
2. When water is flowing from a wide lowing criteria:
section to a narrow section, the
water should be assumed to con- (i) The physical characteristics of
tract no faster than ata rate of one the modified channel shall
(1)foot horizontal for every one(1) match as closely as possible
foot of the flooded stream's length; those of the existing channel
and in length, cross section, slope
3. When expanding or contracting and sinuosity. If the existing
flows in a vertical direction,a min- channel has been previously
imum of one (1) foot vertical tran- modified, restoration of more
sition for every ten (10) feet of natural physical conditions
stream length shall be used. should be incorporated into
4. Erosion/scour protection shall be channel modification design,
provided inland upstream and where practical.
Supp.No.23 582.8
DRAINAGE,FLOOD,ETC.,CONTROL §9-82
(ii) Hydraulically effective transi- and slow characteristics corn-
tions shall be provided at both patible with fish habitat shall
the upstream and downstream also be established, where ap-
ends of the project, designed propriate.
such that they will prevent (viii) A sediment basin shall be in-
erosion. stalled at the downstream of
(iii) One-sided construction of a the modification to reduce sed-
channel shall be used when imentation and degradation of
feasible. Removal of stream- downstream water quality.
side (riparian) vegetation (ix) New or relocated channels
should be limited to one (1) should be built in the dry and
side of the channel,where pos- all items of construction, in-
sible, to preserve the shading cluding vegetation, should be
and stabilization effects of the completed prior to diversion of
vegetation. water into the new channel.
(iv) Reserved. (x) There shall be no increases in
(v) Channel banks shall be con- stage or velocity as the
structed with a side slope no channel enters or leaves the
steeper than 3:1 horizontal to project site for any frequency
vertical,wherever practicable. flood unless necessitated by a
Natural vegetation and public flood control project or
(
gradual side slopes are the pre- unless such an increase is jus
ferred methods for bank stabi-
lization.Where high velocities provement or erosion control
or sharp bends necessitate the project.
use of alternative stabilization (xi) Unless the modification is for
a public flood control project,
measures, natural rock or there shall be no reduction in
rip-rap are preferred mate- the volume of floodwater
rials.Artificial materials such storage outside the floodway
as concrete, gabions, or con- as a result of the modification;
struction rubble should be and
avoided unless there are no
practicable alternatives. 4. The project otherwise complies
(vi) All disturbed areas associated with the requirements of this sec-
with the modification shall be tion 9-82.
seeded or otherwise stabilized j. Seeding and stabilization plan. For all
as soon as possible upon co -
activities located in a floodway, a
pletion of construction. Ero- seeding and stabilization plan shall be
sion blanket or an equivalent submitted by the applicant.
material shall be required to k. Soil erosion and sedimentation mea-
stabilize disturbed channel sures. For all activities in the flood-
banks prior to establishment way, including grading, filing, and ex-
of the vegetative cover. cavation, in which there is potential
(vii) If the existing channel con- for erosion of exposed soil, soil erosion
tains considerable bottom di- and sedimentation control measures
versity such as deep pools,rif shall be employed consistent with the
• fles, and other similar following criteria:
features,such features shall be
provided in the new channel. 1. The construction area shall be min-
imized and nesting areas imized to preserve the maximum
Supp.No.23 582.9
c.
§9-82 KANE COUNTY CODE
vegetation possible. Construction quirements of this section will be con-
shall be scheduled to minimize the sidered met if the applicant can dem-
time soil is exposed and unpro- onstrate to DWR through hydraulic and
tected.In no case shall the existing hydrologic calculations that the pro-
natural vegetation be destroyed, posed project will not singularly or cu-
removed, or disturbed more than mulatively result in increased flood
- -fifteen (15) days prior to the initi- heights outside the project right-of-way
ation of improvements. or easements for all flood events up to
2. Temporary and/or permanent soil and including the one hundred-year fre-
stabilization shall be applied to de- quency event.
nuded areas as soon as possible. m. General criteria for analysis of flood
As a minimum, soil stabilization elevations.
shall be provided within fifteen(15)
days after final grade but will re- 1. The flood profiles, flows and
main undisturbed for longer than floodway data in the regulatory
sixty(60) days. floodway study, referenced in sec-
3. Sedimentation control measures tion 9-80, must be used for anal-
shall be installed before any sig- ysis of the base conditions. If the
nificant grading or filling is initi- study data appears to be in error
ated on the site to prevent the or conditions have changed, DWR
movement of eroded sediments off shall be contacted for approval and
site or into the channel. Potential concurrence on the appropriate
sediment control devices include base conditions data to use.
filter fences, straw bale fences, 2. If the one hundred-year regulatory
check dams,diversion ditches,and floodplain elevation at the site of
sediment basins. the proposed construction is af-
4. A vegetated buffer strip of at least fected by backwater from a down-
twenty-five(25)feet in width shall stream receiving stream with a
be preserved and/or reestablished, larger drainage area,the proposed
where possible, along existing construction shall be shown to
channels subsection(5)p.Construc- meet the requirements of this sec-
•
tion vehicle use of'channels shall tion for the one hundred-year fre-
be minimized. Temporary stream quency flood elevations of the reg-
crossings shall be constructed, ulatory floodway conditions and
where necessary,to minimize ero- conditions with the receiving
sion. Necessary construction in or stream at normal water elevations.
along channels shall be restabi- 3. If the applicant learns from DWR,
lized immediately. local governments, or a private
5. Soil erosion and sedimentation con- owner that a downstream restric-
trol measures shall be designed tive bridge or culvert is scheduled
and implemented consistent with to be removed,reconstructed,mod-
"Procedures and Standards for ified, or a regional flood control
Urban Soil Erosion and Sedimen- project is scheduled to be built, re-
tation Control in Illinois" (1988) moved, constructed or modified
also known as the "Green Book" within the next five (5)years, the
and"Standards and Specifications proposed construction shall be an-
for Soil Erosion and Sediment alyzed and shown to meet the re-
Control" (IEPA, 1987). quirements of this section for both
1. Public flood control projects.For public the existing conditions and the ex-
flood control projects,the permitting re- pected flood profile conditions
Supp.No.23 582.10
DRAINAGE,FLOOD,ETC.,CONTROL §9-82
when the bridge, culvert or flood shall be provided,when necessary,
control project is built. for stream maintenance purposes.
n. Conditional letter of map revision. If q. After receipt of conditional approval of
the appropriate use would result in a the regulatory floodway change and is-
change in the regulatory floodway lo- suance of a permit and a conditional
• _ - cation or the one hundred-year fre- letter of map revision, construction as
quency flood elevation, the applicant necessary to change the regulatory
shall submit to DWR and to FEMA all floodway designation may proceed but
the information, calculations and doc- no buildings or structures or other con-
uments necessary to be issued a condi- struction that is not an appropriate use
tional regulatory floodway map revi- may be placed in that area until the
sion and receive from- DWR a regulatory floodway map is changed
conditional approval of the regulatory and a final letter of map revision is
floodway change before a permit is is- received.The regulatory floodway map
sued. However, the final regulatory will be revised upon acceptance and
floodway map will not be changed by concurrence by DWR and FEMA of the
DWR until as-built plans or record "as-built" plans.
drawings are submitted and accepted
by FEMA and DWR In the case of non- (6) State review. For those projects listed below
government projects, the municipality located in a regulatory floodway, the fol
in incorporated areas and the county lowing criteria shall be submitted to DWR
in unincorporated areas shall concur for their review and concurrence prior to
with the proposed conditional regula-
tory floodway map revision before DWR a. DWR will review an engineer's anal-
approval is issued.No further develop- ysis of the flood profile due to a pro-
ment activities shall take place until a posed bridge pursuant to subsection
final letter of map revision (LOMR) is (5)d. above.
issued by FEMA and DWR. b. DWR will review an engineer's deter-
o. Professional engineer's supervision.All mination that an existing bridge or cul-
engineering analyses shall be per- vert crossing is not a source of flood
formed by or under the supervision of a damage and the analysis indicating the
registered professional engineer. proposed flood profile,pursuant to sub-
p. For all activities in the floodway in- section (5)e. above.
volving construction within twenty-five c. The DWR will review alternative tran-
(25) feet of the channel, the following sition sections and hydraulically equiv-
criteria shall be met: alent storage pursuant to subsections
1. A natural vegetation buffer strip (5)a., b. and h. above.
shall be preserved within at least d. The DWR will review and approve prior
twenty-five (25) feet of the ordi- to the start of construction any depart-
nary high water mark of the ment projects, dams (as defined in sec-
channel.Where it is impossible to tion 9-77)and all other state,federal or
protect this buffer strip during the local units of government projects, in-
construction of anappropriate use, cluding projects of the municipality or
a vegetated buffer strip shall be county.
established upon completion of con- (7) Other permits. In addition to the other re-
struction. quirements of this article, a development
2. The use of native riparian vegeta- permit for a site located in a floodway shall
tion is preferred in the buffer strip. not be issued unless the applicant first ob-
tains a permit or written documentation
Supp.No.23 582.11
•
§9-82 KANE COUNTY CODE
that a permit is not required from DWR, b. Storm and sanitary sewer outfalls that:
issued pursuant to Illinois Revised Stat-
1. Do not extend riverward or lake-
utes, Chapter 19, section 52 et seq. No ward of the existing adjacent nat-
permit from DWR shall be required if the
division has delegated this responsibility ural bank slope; and
to the county. 2. Do not result in an increase in
_ _ - ground elevation; and
(8)- Dam safety permits.Any work involving the 3. Are designed so as not to cause
construction, modification or removal of a stream erosion at the outfall loca-
dam as defined in section 9-77 per 92 Ill. tion.
Adm. Code 702 (Rules for Construction of c. Construction of sidewalks, athletic
Dams) shall obtain an Illinois Division of
Water Resources dam safety permit prior fields (excluding fences), properly an
to the start of construction of a dam. If the chored playground equipment and pa
tios at grade.
building officer finds a dam that does not d. Construction of shoreline and stream-
have a DWR permit, the building officer
bank protection that:
shall immediately notify the dam safety sec-
tion of the division of water resources. If 1. Does not exceed one thousand
the county engineer finds a dam which is (1,000) [feet] in length.
believed to be in unsafe condition, the 2. Materials are not placed higher
county engineer shall immediately notify that the existing top of bank.
the owner of the dam, DWR, dam safety 3. Materials are placed so as not to
section in Springfield and the Illinois Emer- reduce the cross sectional area of
gency Services and Disaster Agency (ES- the stream channel or bank of the
DA). lake.
(9) Activities that do not require a registered 4. Vegetative stabilization and
professional engineer's review.The following gradual side slopes are the pre
activities may be permitted without a reg- ferred mitigation methods for ex-
istered professional engineers review.Such fisting erosion problems. Where
• activities shall still meet the other require- high channel velocities, sharp
ments of this article, including the mitiga- bends or wave action necessitate
tion requirements. the use of alternative stabilization
measures, natural rock or rip-rap
a. Underground and overhead utilities are preferred materials. Artificial
that: materials such as concrete, con-
1. Do not result in any increase in struction rubble, and gabions
existing ground elevations; or should be avoided unless there are
2. Do not require the placement of no practicable alternatives.
aboveground structures in the e. Temporary stream crossings in which:
floodway; or
3. In the case of underground stream 1. The approach roads will be 0.5 foot
crossings,the top of the pipe or en- (1/2) or less above natural grade.
casement is buried a minimum of 2. The crossing will allow stream flow
three (3) feet below the existing to pass without backing up the
stream bed; and water above the stream bank veg-
4. In the case of overhead utilities, etation line or above any drainage
no supporting towers are placed in tile or outfall invert.
the watercourse and are designed 3. The top of the roadway fill in the
in such a fashion as not to catch channel will be at least two(2)feet
debris. below the top of the lowest bank.
Supp.No.23 582.12
DRAINAGE,FLOOD,ETC.,CONTROL §9-83
Any fill in the channel shall be a. A detailed description of the proposed
nonerosive material, such as activity,its purpose,and intended use;
rip-rap or gravel. b. Site location (including legal descrip-
4. All disturbed stream banks will be tion)of the property,drawn to scale,on
seeded or otherwise stabilized as the regulatory floodway maps, indi
- soon as possible upon installation sating whether it is proposed to be in
and again upon removal of con- an incorporated or unincorporated area;
struction. c. Anticipated dates of initiation and corn-
5. The access road and temporary pletion of activity;
crossings will be removed within d. Plans of the proposed activity shall be
one (1) year after authorization. provided which include as a minimum:
(Ord. No. 91-221, § 800.0, 10-8-91) 1. A vicinity map showing the site of
Sec. 9-83. Occupation and use of SFHA areas the activity,name of the waterway,
where floodways are not identified. boundary lines, names of roads in
the vicinity of the site, graphic or
In SFHA or floodplain, where no floodways numerical scale, and north arrow;
have been identified and no base flood or one 2. A plan view of the project and en-
hundred-year frequency flood elevations have been gineering study reach showing ex-
established by FEMA, and draining more than a isting and proposed conditions in-
square mile, no development shall be permitted eluding principal dimensions of the
unless the cumulative effect of the proposals,when structure or work, elevations in
combined with all other existing and anticipated mean sea level (1929 adjustment)
uses and structures, shall not significantly im- datum of N.G.V.D., adjacent prop-
pede or increase the flow and passage of the flood- erty lines and ownership,drainage
waters nor increase the base flood or one hundred- and flood control easements, dis-
year frequency flood elevation. tance between proposed activity
(1) Development permit. No person, firm, cor- and navigation channel (when the
poration, or governmental body, not ex- proposed construction is near a
empted by state law, shall commence any commercially navigable body of
development in a SFHA or floodplain water), floodplain limit, location
without first obtaining a development and orientation of cross sections,
permit from the building officer. Applica- north arrow,and a graphical or nu-
tion for a development permit shall be made merical scale;
on a form provided by the building officer. 3. Cross section views of the project
The application shall be accompanied by and engineering study reach
drawings of the site,drawn to scale showing showing existing and proposed con-
property line dimensions; and existing ditions including principal dimen-
grade elevations and all changes in grade sions of the work as shown in plan
resulting from excavation or filling, sealed view, existing and proposed eleva-
by a licensed engineer, architect or sur- tions,normal water elevation,ten-
veyor; the location and dimensions of all year frequency flood elevation,and
buildings and additions to buildings; and graphical or numerical scales(hor-
the elevation of the lowest floor (including izontal and vertical); and
basement)of all proposed buildings subject 4. A soil erosion and sedimentation con-
to the requirements of section 9-84 of this trol plan for disturbed areas.This plan
article. shall include a description of the se-
The application for a development permit quence of grading activities and the
shall also include the following informa- temporary sediment and erosion con
tion: trol measures to be implemented to mit-
Supp.No.23 582.13
§9-83 KANE COUNTY CODE C
igate their effects. This plan shall also flood heights or velocity or threat to public
include a description of final stabiliza- health,safety and welfare or impair the nat-
tion and revegetation measures, and ural hydrologic and hydraulic functions of
the identification of a responsible party the floodway or channel,or impair existing
to ensure post-construction mainte- water quality or aquatic habitat. Construe-
nance. tion impacts shall be minimized by appro-
.
�e. Engineering calculations and sup- priate mitigation methods as called for in
porting data shall be submitted this article.
showing that the proposed work will
meet the criteria of subsection(4)below. (5) Standards. Within all riverine SFHA's
f. Any and all other local, state and fed- where the floodway has not been deter-
eral permits or approvals that may be mined,the following standards shall apply:
required for this type of development. a. The developer shall have a registered
(2) Docum•
entation of existing ground elevation professional engineer state in writing
at development sites.Based on the best avail- and show through supporting plans,
able existing data according to the Illinois calculations, and data that the project
State Water Survey's Floodplain Informs- meets the engineering requirements of
tion Repository, the building officer shall section 9-82(5)a. through 1. for the en-
compare the elevation of the site to the base tire flood plain as calculated under the
flood or one hundred-year frequency flood provisions of section 9-80(3) of this az-
elevation.Should no elevation information tide:As an alternative, the developer
exist for the site, the developer's engineer should have an engineering study per-
shall calculate the elevation according to formed to determine a floodway and
section 9-80(3).Any development located on submit that engineering study to DWR
for acceptance as a regulatory flood-
land that can be shown to have been higher
way.Upon acceptance of their floodway
than the base flood elevation as of the sites by the department,the developer shall
first flood insurance rate map identifica- then demonstrate that the project
tion is not in the SFHA and,therefore,not meets the requirements of section 9-82
subject to the requirements of this article. for the regulatory floodway. The
The building official shall maintain docu- floodway shall be defined according to
mentation of the existing ground elevation the definition in section 9-77 of this ar-
at the development site and certification tide.
that this ground elevation existed prior to b. A development permit shall not be is-
the date of the site's first flood insurance sued unless the applicant first obtains
rate map identification. a permit from DWR or written docu-
(3) Copies of other permits required. The mentation that a permit is not required
DWR.
building officer shall be responsible for ob-
from mit
taming from the applicant copies of all other c. No permit from DWR shall be required
local, state,and federal permits,approvals if the division has delegated permit re
or permit-not-required letters that may be ' sponsibility to Kane County per 92 Ill.
required for this type of activity. The Adm. Code, Part 708 for regulatory
floodways, per DWR statewide permit
building officer shall not issue the develop- entitled "Construction in Floodplains
ment permit unless all required local,state with No Designated Floodways in
and federal permits have been obtained. Northeastern Illinois".
(4) Preventing increased damages. No develop- d. Dam safety permits. Any work in-
ment in the SFHA, where a floodway has volving the construction, modification
not been determined shall create a dam- or removal of a dam or an on-stream
aging or potentially damaging increase in structure to impound water as defined
Supp.No.23 582.14
(1°— DRAINAGE,FLOOD,ETC.,CONTROL § 9-83
in section 9-77 shall obtain an Illinois (ii) Do not result in an increase in
Division of Water Resources Dam ground elevation; and
Safety permit or letter indicating a (iii) Are designed so as not to cause
permit is not required prior to the start stream bank erosion at the
of construction of a dam.If the building outfall location.
officer finds a dam that does not have a 3. Construction of shoreline and stre-
DWR permit,the building officer shall ambed protection that:
immediately notify the Dam Safety Sec-
tion of the Division of Water Resources. (i) Does not exceed one thousand
If the county finds a darn which is be- (1,000)feet in length or two(2)
lieved to be in unsafe condition,the en- cubic yards per lineal foot of
gineer shall immediately notify the streambed.
owner of the dam and the Illinois Emer- (ii) Materials are not placed
gency Services and Disaster Agency higher than the existing top
(ESDA),and the DWR,Dam Safety Sec- of bank.
tion in Springfield. (iii) Materials are placed so as not
e. The following activities may be per- to reduce the cross sectional
mitted without a registered profes- area of the stream channel by
sional engineer's review or calculation more than ten (10) percent.
of a base flood elevation and regula (iv) Vegetative stabilization and
tory floodway.Such activities shall still gradual side slopes are the pre-
meet the other requirements of this ar- ferred mitigation methods for
ticle. existing erosion problems.
Where high channel velocities,
1. Underground and overhead utili- sharp bends or wave action ne-
ties that: cessitate the use of alterna-
tive stabilization measures,
(i) Do not result in any increase
natural rock or rip-rap are pre-
in existing ground elevations; ferred materials.Artificial ma-
or terials such as concrete, con-
(ii) Do not require the placement struction rubble, and gabions
of above ground structures in should be avoided unless there
the floodway; or are no practicable alterna-
(iii) In the case of underground tives.
stream crossings,the top of the
pipe or encasement is buried a 4. Temporary stream crossings in
minimum of three (3) feet which:
below the existing streambed; (i) The approach roads will be 0.5
and foot(1/2 foot)or less above nat-
(iv) In the case of overhead utili- ural grade.
ties, no supporting towers are (ii) The crossing will allow stream
placed in the watercourse and flow to pass without backing
are designed in such a fashion up the water above the stream
as not to catch debris. bank vegetation line or above
2. Storm and sanitary sewer outfalls any drainage title or outfall in
that: vert.
(iii) The top of the roadway fill in
(i) Do not extend riverward or the channel will be at least
lakeward of the existing adja-
cent two (2) feet below the top of
natural bank slope; and the lowest bank.Any fill in the
Supp.No.23 582.15
§9-83 KANE COUNTY CODE
channel shall be nonerosive (iii) The cross sectional area of the
material, such as rip-rap or dredged channel conforms to
gravel. that of the natural channel up-
(iv) All disturbed stream banks stream and downstream of the .
will be seeded or otherwise sta- site.
bilized as soon as possible upon f. The flood carrying capacity within any
installation and again upon re- altered or relocated watercourse shall
moval of construction. be maintained.
(v) The access road and temporary
crossings will be removed (6) Compensatory storage. Whenever any por-
within one (1) year after au- tion of a floodplain is authorized for use,
thorization. the volume of space which will be occupied
by the authorized fill or structure below the
5. The construction of light poles,sign base flood or one hundred-year frequency
posts and similar structures; flood elevation shall be compensated for and
6. The construction of sidewalks, balanced by a hydraulically equivalent
driveways, athletic fields (exclud- volume of excavation taken from below the
ing fences),patios and similar sur- base flood or one hundred-year frequency
faces which are.built at grade; flood elevation. The excavation volume
7. The construction of property an- shall be at least equal to one and one-half
chored, unwalled, open structures (11/z)times the volume of storage lost due to
such as playground equipment,pa- the fill or structure. In the case of streams
vilions, and carports built at or and watercourses,such excavation shall be
below existing grade that would made opposite or adjacent to the areas so
not obstruct the flow of floodwa- filled or occupied.All floodplain storage lost
ters; below the existing ten-year flood elevation
8. The placement of properly an- shall be replaced below the proposed ten-
chored buildings not exceeding sev- year flood elevation.All floodplain storage
enty (70) square feet in size, not lost above the existing ten-year flood eleva-
ten (10) feet in any one (1) dimen- tion shall be replaced above the proposed
sion(e.g.,animal shelters and tool ten-year flood elevation. All such excava-
sheds); tions shall be constructed to drain freely
9. The construction of additions to ex- and openly to the watercourse. (Ord. No.
isting buildings which do not in- 91-221, § 900.0, 10-8-91)
crease the first floor area by more
than twenty(20)percent,which are
located on the upstream or down- Sec. 9.84. Permitting requirements appli-
stream side of the existing cable to all floodplain areas.
building, and which do not extend In addition to the requirements found in sec-
beyond the sides of the existing tions 9-81, 9-82 and 9-83 for development in flood
building that are parallel to the fringes,regulatory floodways,and SFHA or flood-
flow of floodwaters; plains where no floodways have been identified
10. Minor maintenance dredging of a (Zones A,AO,AH,AE,A1—A30,A99,VO,V1-30,
stream channel where: VE,V, M or E), the following requirements shall
(i) The affected length of stream be met:
length of stream is less than (1) Public Health Standards.
one thousand (1,000) feet.
(ii) The work is confined to rees- a. No developments in the SFHA shall in-
tablishing flows in natural dude locating or storing chemicals,ex-
stream channels; or plosives, buoyant materials, animal
Supp.No.23 582.16
DRAINAGE,FLOOD,ETC.,CONTROL §9-84
(1."-
wastes, fertilizers, flammable liquids, This building protection requirement may
pollutants, or other hazardous or toxic be met by one(1)of the following methods:
materials below the FPE.
b. New and replacement watersupplysys- a. A residential or nonresidential
tems, wells, sanitary sewer lines and building, when allowed, may be con-
on-site waste disposal systems may be structed on permanent landfill in ac-
- permitted providing all manholes or cordance with the following:
other above ground openings located 1. The lowest floor, (including base-
below the FPE are watertight. ment) shall be two (2) feet above
(2) Carrying capacity and notification. For all the base flood elevation.
projects involving channel modification,fill, 2. The fill shall be placed in layers
or stream maintenance (including levees), no greater than one (1) foot deep
the flood carrying capacity of the water- before compaction and should ex-
course shall be maintained. In addition, tend at least ten (10) feet beyond
Kane County shall notify adjacent commu- the foundation of the building be-
nities in writing thirty (30) days prior to fore sloping below the flood protec-
the issuance of a permit for the alteration tion elevation. The top of the fill
or relocation of the watercourse. shall be above the flood protection
(3) Protecting buildings. All buildings located elevation. However, the ten (10)
within a one hundred-year floodplain also foot minimum may be waived if a
known as a SFHA, shall be protected from structural engineer certifies an al-
flood damage below the flood protection el- ternative method to protect the
evation.However,existing buildings located building from damages due to hy-
( a regulatory floodway shall also drostatic pressures. The fill shall
meet the more restrictive appropriate use not adversely effect the flow or sur-
standards included in section 9-82. This face drainage from or onto neigh-
building protection criteria applies to the boring properties.
following situations: b. A residential or nonresidential building
a. Construction or placement of a new may be elevated in accordance with the
building. following:
b. Nonconforming structures may remain
in use, but shall not be enlarged, re- 1. The building or improvements
placed or structurally altered. A non- shall be elevated on crawl space,
conforming structure damaged by flood, stilts,piles,walls,or other founda
fire, wind or other manmade or nat- tion that is permanently open to
ural disaster may be restored unless floodwaters and not subject to
the damage exceeds fifty (50) percent damage by hydrostatic pressures
of its market value. In which case, it of the base flood or one hundred-
must, thereafter, conform to this ar- year frequency flood. The perma-
tide. nent openings shall be no more
c. Installing a manufactured home on a than one (1) foot above grade, and
new site or a new manufactured home consists of a minimum of two (2)
on an existing site. This building pro- openings.The openings must have
tection requirement does not apply to a total net area of not less than
returning a mobile home to the same one (1) square inch for every one
site it lawfully occupied before it was (1)square foot of enclosed area sub-
removed to avoid flood damage; and ject to flooding below the base flood
d. Installing a travel trailer on a site for elevation.
more than one hundred eighty (180) 2. The foundation and supporting
days. members shall be anchored and
Supp.No.23 582.17
§9-84 KANE COUNTY CODE
aligned in relation to flood flows the building has been structurally dry
and adjoining structures so as to floodproofed below the flood protection
minimize exposure to known hy- elevation,the structure and attendant
drodynamic forces such as expo- - utility facilities are watertight and ca-
sure to known hydrodynamic forces pable of resisting the effects of the base
such as current, waves, ice and flood or one hundred-year frequency
• __ _ floating debris. flood. The building design shall take
3. All areas below the base flood ele- into account flood velocities, duration,
vation shall be constructed of ma- rate of rise, hydrostatic and hydrody-
terials resistant to flood damage. namic forces, the effects of buoyancy,
The lowest floor (including base- and impacts from debris or ice. Flood-
ment) and all electrical, heating, proofing measures shall be operable
ventilating,plumbing,and air con- without human intervention and
ditioning equipment and utility without an outside source of electricity
meters shall be located two(2)feet (levees, berms, floodwalls and similar
above the flood protection eleva- works are not considered floodproofing
tion. Water and sewer pipes, elec- for the purpose of this subsection.).
trical and telephone lines, sub- d. Nonconforming structures located in a
mersible pumps, and other regulatory floodway may remain in use,
waterproofed service facilities may but may not be enlarged, replaced or
be located below the flood protec- structurally altered. A nonconforming
tion elevation. structure damaged by flood, fire, wind
4. No area below the flood protection or other natural or manmade disaster
elevation shall be used for storage may be restored unless the damage ex-
of items or materials. ceeds fifty (50) percent of its market
5. When the building wall encloses value before it was damaged, in which
open space that is below the base case it shall conform to this article.
flood elevation, gravity storm and (Ord. No. 91-221, § 1000.0, 10-8-91)
sanitary sewer connections are spe-
cifically prohibited and overhead Sec. 9-85. Other development requirements.
sewers are required for the sani- The Kane County Board shall take into account
tary connections and sumps for the flood hazards, to the extent that they are known
storm sewer connections. in all official actions related to land management,
6. Manufactured homes and travel use and development.
trailers to be installed on a site for
more than one hundred eighty (1) New subdivisions, manufactured home
(180) days, shall be elevated to or parks,annexation agreements,and Planned
above the flood protection eleva- Unit Developments (PUDs) within the
tion; and, shall be anchored to re- SFHA shall be reviewed to assure that the
sist flotation, collapse, or lateral proposed developments are consistent with
movement by being tied down in sections 9-81, 9-82, 9-83 and 9-84 of this
accordance with the rules and reg- article and the need to minimize flood
ulations for the Illinois Mobile damage. Plats or plans for new subdivi-
Home Tie-Down Act issued pur- sions,mobile home parks and Planned Unit
suant to Ill.Adm. Code 870. Developments(PUDs)shall include a signed
•
statement by a registered professional en-
c. Only a nonresidential building may be gineer that the plat or plans account for
structurally dry floodproofed(in lieu of changes in the drainage of surface waters
elevation) provided that a registered in accordance with the Plat Act (Ill. Rev.
professional engineer shall certify that Stat., Ch. 109, section 2)
Supp.No.23 582.18
DRAINAGE,FLOOD,ETC.,CONTROL §9-86
(2) Proposals for new subdivisions, manufac- c. The relief requested is the minimum
tured home parks, travel trailer parks, necessary;
planned unit developments(PUDs)and ad- d. There will be no additional threat to
ditions to subdivisions shall include base public health,safety,beneficial stream
flood or one hundred-year frequency flood uses and functions, especially aquatic
elevation data and floodway delineations. habitat, or creation of a nuisance
Where this information is not available e. There will be no additional public ex-
from an existing study filed with the Illi- pense for flood protection,lost environ-
nois State Water Survey, the applicant's mental stream uses and functions,
engineer shall be responsible for calculating rescue or relief operations, policing or
the base-flood or one hundred-year fre- repairs to stream beds and banks,
quency flood elevation per section 9-80(3) roads, utilities, or other public facili-
and the floodway delineation per the defi- ties;
nition in section 9-77 and submitting it to f. The provisions of sections 9-81(2) and
the state water survey and DWR for review 9-83(4)of this article shall still be met;
and approval as best available regulatory g. The activity is not in a regulatory flood-
data. way;
(3) Streets,blocks,lots,parks and other public h. The applicant's circumstances are
grounds shall be located and laid out in such unique and do not represent a general
a manner as to preserve and utilize natural problem; and
streams and channels. Wherever possible, i. The granting of the variances will not
the floodplains shall be included within alter the essential character of the area
parks or other public grounds. involved including existing stream
(4) The Kane County Board shall not approve uses.
any Planned Unit Development (PUD) or (2) The building officer shall notify an appli-
plat of subdivision located outside the cor- cant in writing that a variance from the
porate limits unless such agreement or plat requirements of section 9-84 that would
in accordance with the provisions of this lessen the degree of protection to a building
article. (Ord. No. 91-221, § 1100.0, 10-8-91) will:
a. Result in increased premium rates for
Sec. 9-86. Variances. flood insurance up to amounts as high
as twenty-five dollars ($25.00) for one
No variances shall be granted to any develop- hundred dollars($100.00) of insurance
ment located in a regulatory floodway as defined coverage;
in section 9-77.However,when a development pro- b. Increase the risks to life and property;
posal is located outside of a regulatory floodway, and
and whenever the standards of this article place c. Require that the applicant proceed with
undue hardship on a specific development pro- knowledge of these risks and that he
posal, the applicant may apply to Kane County will acknowledge in writing that he as-
for a variance. The development committee shall sumes the risk and liability.
review the applicant's request for a variance and
make a final determination. (3) Variances requested in connection with res-
(1) No variance shall be granted unless the ap- toration of a site or building listed on the
plicant demonstrates that National Register of Historical Places or
documented as worthy of preservation by
a. The development activity cannot be lo- the Illinois Historic Preservation Agency
cated outside the SFHA; may be granted using criteria more permis-
b. An exceptional hardship would result sivethan the requirements of (1) and (2)
if the variance were not granted; above.
Supp.No.23 582.19
§9-86 KANE COUNTY CODE
(4) All variances granted will be recorded on (2) The building officer shall inform the owner
the title to the property at the Kane County that any such violation is considered a
Recorder of Deeds by the building officer. willful act to increase flood damages and,
(Ord. No. 91-221, § 1200.0, 10-8-91) therefore, may cause coverage by a stan-
dard flood insurance policy to be suspended.
Sec_ 9-87. Disclaimer of liability. (3) Nothing herein shall prevent Kane County
from taking such other lawful action to pre-
The degree of flood protection required by this vent or remedy any violations.All costs con-
article is considered reasonable for regulatory pur- netted therewith shall accrue to the person
poses and is based on available information de- or persons responsible. (Ord. No. 91-221, §
rived from engineering and scientific methods of 1400.0, 10-8-91)
study. Larger floods may occur or flood heights
may be increased by manmade or natural causes. Sec. 9-89. Abrogation and greater restric•
This article does not imply that development, ei- tions.
ther inside or outside of the SFHA, will be free tions.
from flooding or damage. This article does not This article is not intended to repeal, abrogate
create liability on the part of Kane County or any or impair any existing easements, covenants, or
officer or employee thereof for any flood damage deed restrictions.Where this article and other or-
that results from reliance on this article or any dinances, easements, covenants, or deed restric-
administrative decision made lawfully thereunder. tions conflict or overlap, whichever imposes the
(Ord. No. 91-221, § 1300.0, 10-8-91) more stringent restrictions shall prevail. This ar-
ticle is intended to repeal the original ordinance
Sec. 9-88. Violations; penalties. or resolution which was adopted to meet the Na-
tional Flood Insurance Program regulations, but
Failure to comply with the requirements of a is not intended to repeal the resolution which Kane
permit or conditions of a variance resolution shall County passed in order to establish initial eligi
be a violation of this article. Upon due investiga- bility for the program.(Ord.No. 91-221, § 1500.0,
tion, the building officer may determine that a 10-8-91)
violation of the minimum standards of this article
exist. The building officer shall notify the owner Secs. 9-90-9-99. Reserved.
in writing of such violation.
(1) If such owner fails after ten(10)days notice ARTICLE W. STORMWATER RUNOFF
to correct the violation: CONTROL REGULATIONS*
a. Kane County may make application to
the Circuit Court for an injunction re- Sec. 9-100. Purpose.
quiring conformance with this article
or make such other order as the court The basic purpose of these regulations is to con-
deems necessary to secure compliance trol the storage or transportation of excess storm-
with the article. water for the safety, health or well-being of the
b. Any person who violates this article people. The use of"natural" paths of stormwater
shall,upon conviction thereof,be fined runoff to form the "bypass" channel and the re-
not less than fifty dollars ($50.00) or striction of this channel to form storage area is
more than one thousand dollars *Editor's note—Ord. No. 83-82, adopted June 14, 1983,
($1,000.00) for each offense. added to new Art. IV, §§ 9-100-9-111,relative to floodplain
c. A separate offense shall be deemed corn- and stormwater control,to the Code.Subsequently,Ord. No.
mitted upon each day during or on 83.154,adopted Nov.8,1983,repealed§§9-100-9-103,added
new§§9-100-9-103 and amended§§9-104 and 9-109-9-111.
which a violation occurs or continues. Inasmuch as§§9-100-9-104 of Ord.No.83-154 appeared to be
d. Kane County may record a notice of duplicative of§§9.105-9-108 of Ord.No.83.82,the editor has
violation on the title to the property. deleted§§9-105-9-108.
Supp.No.23 582.20
11CDRAINAGE,FLOOD,ETC.,CONTROL §9-101
encouraged.Since political and ownership bound-
aries often make the use of "natural" drainage
patterns difficult, the earthmoving that is accom-
plished to create the maximum land usage should
also be planned to provide a"bypass"channel for
stormwater that will not create a diversion of
- - stormwater drainage or radically change the wa-
tershed boundaries. The drainage scheme pre-
sented by those who wish to develop property in
Kane County should be planned to accomplish all
of the following stormwater controls without major
loss of land use.
Where developments form only a portion of a
watershed or contain portions of several water-
sheds,the requirement for providing storage shall
be based upon the proportion of the area being
developed as compared to the total watershed trib-
utary to the storage area. Compensating storage
will be acceptable whenever it is justified and fea-
sible. (Ord. No. 83-154, 11-8-83)
Sec. 9.101. Inclusion.
The controlled release and storage of excess
stormwater runoff shall be required in combina-
tion for all commercial and industrial develop-
ments and for residential developments that con-
tain an area in excess of five(5)acres. The use or
dependency of development other than E-1 estate
or farm on existing farm field title systems is pro-
Supp.No.23 582.21
•
DRAINAGE,FLOOD,ETC.,CONTROL §9-104
hibited, and all storm water systems must have a channel system. Construction of a system of drain-
positive outlet to a stream or watercourse. Where age to carry the minor storm runoff and reshap-
storm water runoff facilities are not part of an ing of the channel to facilitate maintenance and
approved subdivision, a separate facilities plan carry the flood runoff without eroding velocities
review and permit by the environmental depart- can be included in the plans for land develop-
ment is required. (Ord. No. 83-154, 11-8-83) ment.(Ord. No. 83-154, 11-8-83)
Sec. 9-102. Release rate. Sec. 9-104. Retention areas.
The controlled release rate of storm water run The required volume for storm water detention
off from all developments described in section 9-101 shall be calculated on the basis of the runoff from
shall not exceed the existing "safe" storm drain- a 100-year frequency rainfall of any duration as
age capacity of the natural downstream outlet published by the U.S. Weather Bureau agency.
channel or storm sewer system. The release rate This volume of storage shall be provided for the
shall be an average value computed as a direct fully developed watershed that is tributary to the
ratio of the tributary watershed area. This value area designated for detention purposes. The storm
shall not exceed an average runoff rate of .20 water release rate shall be considered when cal-
inches per hour which is compatible with the "safe" culating the storm water storage capacity and the
capacity of the receiving system.The rate at which control structure designed to maintain a relatively
storm water is delivered to a designated storm uniform flow rate regardless of the depth of storm
water storage area shall be unrestricted. (Ord. water in the storage area.
No. 83-154, 11-8-83) (a) Dry bottom storm water storage areas shall
be designed to serve a secondary purpose for
Sec. 9-103. Bypass channel. recreation, open space, or other types of uses
A"natural"or surface channel system shall be that will not be adversely affected by occa-
designed with adequate capacity to convey through sional or intermittent flooding. A method of
the development the storm water runoff from all carrying the low flow through these areas
tributary upstream areas. This"bypass"channel shall be provided in addition to a system of
shall be designed to carry the peak rate of runoff drains, and both shall be provided with an
. from a 100-year storm,assuming all storm sewers outlet to a natural channel or storm sewer
are blocked and the upstream areas are fully de with adequate capacity.
veloped.No habitable structures shall be constructed Outlet control structures shall be designed as
within this floodway; however, street and park- simply as possible and shall require little or
ing or playground areas and utility easements no attention for proper operation.Each storm
shall be considered compatible primary uses. water storage area shall be provided with a
Design of this floodway system shall also take method of emergency overflow in the event
into consideration storm water velocity to prevent that storm in excess of the 100 year frequency
erosion or other damage to the facility which will storm occurs. This emergency overflow facil-
restrict its primary use. Depths of flow shall be ity shall be designed to function without at
kept to a minimum and retention of channel con- tention and shall become part of the "natu-
figurations shall be totally under county control. ral" or surface channel system. Hydraulic cal
In the event that the area within the "bypass" culations shall be submitted to substantiate
channel is reshaped or restricted for use as a all design features. Both outlet control struc
floodway, the county will cause to have any re tures and emergency overflow facilities shall
strictions removed at the expense of the party or be designed and constructed to fully protect
parties causing said restriction. the public health, safety and welfare. Storm
water runoff velocities shall be kept at a min-
Should the development contain an existing"nat- imum and turbulent conditions at an outfall
ural" waterway, this land configuration shall be control structure will not be permitted with-
out or improved as part of the "bypass" out complete protection for the public safety.
Supp.No.17
583
9-104 KANE COUNTY CODE
(b) Wet bottom storm water storage areas shall unit development) or issuance of a building per-
be designed with all of the items required for mit (in the case of commercial or industrial
dry bottom storm water storage areas,except construction).
that a low conduit and a system of drains
shall be eliminated. (b) In planning residential subdivision, it is usu-
ally not possible to anticipate the precise number
(1) Shoreline protection shall be provided to of square feet individual lot owners will convert
prevent erosion from wave action; to urban hard surface uses. One owner may have
(2) Control structures for storm water release over three thousand(3,000)square feet under roof,
shall be designed to operate at full ca- a twenty-foot wide paved driveway, and a large
pacity with only a minor increase in the patio with tennis courts in the back yard while
water surface level. Hydraulic calculations his neighbor may have less than one thousand
shall be submitted to substantiate all de- (1,000) square feet under roof and gravel drive.
sign features. Street areas as a percentage of land use may also
vary in equal sized lot subdivisions as well as
(c) Paved surfaces that are to serve as storm vegetative cover and soil absorptive capacities.
water storage areas and rooftop storage shall However, certain working averages do obtain in
be designed with permanent-type control in- practice and unless otherwise demonstrated it shall
lets and retaining or parapet walls to contain be assumed that a thirty-thousand square foot lot
runoff on the surface. Emergency overflow is the break even point in converting agriculture
areas shall be provided.(Ord.No.83-82,6-14-83; row crop uses to residential uses, with their in-
Ord. No. 83-154, 11-8-83) terspersed hard surfaces and primary sod cover.
In practice, subdivisions with lots smaller than
Secs. 9-105-9-108. Reserved. thirty thousand (30,000) square feet will need to
provide storm water detention unless it can be
Note—See the editor's footnote to the article title. otherwise demonstrated.(Ord. No. 83-82,6-14-83;
Ord.No.83-154, 11-8-83)
Sec. 9-109. Construction.
Sec. 9-111. Easements.
(a) Where development of a property presents •
the threat of flooding or damage by flash runoff to A drainage easement at least twenty (20) feet
downstream residents or blockage for upstream wide shall be provided wherever the 100 year run
residents, the facilities for storm water runoff con- off exceeds one cubic foot per second. The ease-
trol shall be constructed as part of the first phase ment shall permit necessary public channel main
of construction. tenance and improvement work and access of equip-
ment therefor,but shall prohibit buildings,struc-
(b) The construction of the storm water control tures, and other obstructions of any kind and na-
system shall be accomplished as part of the cost of ture. (Ord. No. 83-82, 6-14-83; Ord. No. 83-154,
land development. 11-8-83)
(c) During the construction phase of land de-
velopment, facilities shall be provided to prevent Secs. 9-112-9-120. Reserved.
the erosion and washing away of the earth. (Ord.
No.83-82,6-14-83; Ord. No. 83-154, 11-8-83)
Sec. 9-110. Procedure.
(a) Plans,specifications and all calculations for
storm water runoff control shall be submitted to
review and approval prior to the approval of a
final plat(in the case of subdivisions and planned
Supp.No.17
584
•
_ Y
DRAINAGE,FLOOD,ETC.,CONTROL §9-123
ARTICLE V. STORMWATER
MANAGEMENT PLANNING COMMITTEE*
Sec. 9-121. Established;composition.
A county stormwater management planning
committee is hereby established and shall be corn-
- -prised of twelve (12) members: Six (6) members
shall be representatives of the Kane County Board,
appointed by the board chairman with the ap-
proval of the county board; and six (6) members
shall be representatives of municipalities of Kane
County selected by a convention of the mayors in
the county within forty-five(45)days of the adop-
tion of Resolution No. 88-133; additional mem-
bers representing the soil and water conservation
district,agricultural organizations,townships,san-
itary districts, and other interests may be appointed
through a subsequent resolution upon the unan-
imous consent of the twelve (12) members of the
stormwater management planning committee. (Ord.
No. 88-133, 8-16-88)
Sec. 9-122. Duties.
The principal duties of this committee are to
develop a stormwater management plan for pre-
sentation to and approval by the county board; to
provide for public review and comment during
the plan preparation and review process;to direct
the plan's implementation and any subsequent
revisions; and to undertake any other duties as
authorized in H.B. 998. (Res. No. 88-133, 8-16-88)
Sec. 9-123. Staff.
The county development department is desig-
nated to serve as the primary staff to the commit-
tee during its organization and work program
development. (Ord. No. 88-133, 8-16-88)
*Editor's note—Res. No. 88-133, adopted Aug. 16, 1988,
did not specifically amend the Code; hence, inclusion of the
substantive provisions thereof as Art.V,§§9-121-9-123,was
at the editor's discretion.
Cross reference—Committee on local improvements,§2-241
et seq.
Supp.No.22 [The next page is 605]
585
___
.
t.
..