G80-01 Ordinance No. G80-Ol
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AN ORDINANCE
AMENDING TITLE 21 OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED
"STORMWATER MANAGEMENT"
WHEREAS, stormwater issues are generally regional in nature
and extend beyond municipal boundaries; and
WHEREAS, the Kane County Stormwater Ordinance governs flood
plain, soil erosion and storm water control for all development
within Kane County, including development within home rule
municipalities, requiring its provisions to be consistently applied
across a watershed to the benefit of all communities located within
the watershed; and
WHEREAS, upon the Kane County Stormwater Ordinance becoming
effective on January 1, 2002 , Kane County will issue all stormwater
permits for development within a municipality unless that
municipality becomes a "Certified Community; " and
WHEREAS, the City has filed an application with the Kane
County Stormwater Management Committee to become a "Certified
Community" so that it can continue to issue all stormwater permits
for development within the City; and
WHEREAS, the "Certified Community" application process
requires the City to adopt by reference the Kane County Stormwater
Ordinance; and
WHEREAS, although the City' s current Stormwater Management
Ordinance effectively manages and mitigates the effects of
urbanization on stormwater drainage, the City will derive greater
benefits from the regionally applicable provisions of the Kane
County Stormwater Ordinance; and
WHEREAS, the standards and regulations set forth in the Kane
County Stormwater ordinance are as stringent as the City' s current
stormwater management regulations; and
WHEREAS, the City Council of the City of Elgin has determined
it is necessary and desirable to adopt the Kane County Stormwater
Ordinance, as amended, with the additions, insertions, deletions
and changes prescribed in this ordinance .
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS :
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Section 1 . That Title 21 , of the Elgin Municipal Code, 1976,
as amended, entitled "Storm Water Management" , be and is hereby
further amended in its entirety to read as follows :
Chapter 21 . 01
STORMWATER MANAGEMENT
21 . 01 . 010 ADOPTED; EXCEPTIONS :
That a certain document, three (3) copies of which are on file
in the office of the City Clerk of the City of Elgin, being
marked and designated as the Kane County Stormwater Management
Ordinance, as amended, be and is hereby adopted as and shall
be known as the "Stormwater Management Ordinance of the City
of Elgin" for managing and mitigating the effects of
urbanization on stormwater drainage in the City through
planning, appropriate engineering practices and proper
maintenance, and each and all of the regulations, provisions,
conditions and terms of said Kane County Stormwater Management
Ordinance, as amended, are hereby referred to, adopted, and
made a part hereof, as if fully set out in this ordinance,
with the additions, insertions, deletions and other changes
prescribed in this chapter.
21 . 01 . 020 ADDITIONS, INSERTIONS AND CHANGES :
eft' The Kane County Stormwater Management Ordinance, as amended,
is amended and revised in the following respects :
Section 104 (2) , entitled "Definitions, " shall be amended to
read as follows :
Administrator means the City Engineer of the City of
Elgin .
Section 104 , entitled "Definitions, " shall be amended to add
the following definition of the term "Oversight Committee" as
subparagraph (13 8) :
Oversight Committee means the City of Elgin Planning and
Development Commission.
Section 202 (b) , entitled "Site runoff requirements, " shall be
amended to read as follows :
Minor stormwater systems shall be sized to convey runoff
from the tributary watershed under fully developed
conditions consistent with the design requirements as
follows :
(1) Storm Sewers : Storm sewers shall be designed to flow
eft. just full for the 10-year intensity-duration-frequency
curve . The maximum allowable width of the street gutter
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flow from the face of the curb shall be limited to eight
feet (8 ' ) .
(2) Drainage Plan: An overall drainage area layout plan
showing the limits of the contributing runoff broken down
into areas contributing to each drainage pick-up point,
shall be submitted with the paving and drainage plans .
Drainage design with the development shall be adequate to
handle the entire contributing watershed area, and its
existing, proposed and probable future development, and
not the area under submission only.
(3) Open Channels : Open channels used as part of a major
drainage system shall be designed with a minimum
freeboard of two feet (2 ' ) and a product of maximum
velocity in feet per second and depth in feet of four (4)
or less for the base flood.
(4) Minor Drainage Construction Standards : The minimum
pipe size for culverts and storm sewers as part of the
minor drainage system shall be twelve inches (12 " ) inside
diameter, except the minimum pipe size connecting one
catch basin with another catch basin or manhole may be
ten inches (10" ) inside diameter. The minimum clean-out
velocity for all pipes shall be two feet (2 ' ) per second.
Sewer design shall consider the need for grates to
prevent ingress but not egress from sewers greater than
ten inches (10" ) diameter. Storm sewer pipe materials
shall meet State standards and shall be watertight .
(5) Manholes And Catch Basins; Spacing And Standards :
Manhole and/or catch basin spacing between straight runs
of pipe shall be limited to a maximum spacing of three
hundred feet (300 ' ) for sewers thirty six inches (36" ) or
less in diameter, a maximum of five hundred feet (500 ' )
for sewers over thirty six inches (36" ) in diameter.
Manhole and catch basin shall meet State standards, shall
be precast concrete and shall be watertight unless
otherwise approved by the Director.
(6) Size Of Minor Drainage Systems : Minor drainage
systems shall be sized to convey runoff from the
tributary watershed under fully developed conditions for
the 10-year event of critical duration.
(7) Maintenance Access : Major and minor storm water
systems shall be located within easements or rights of
way at least ten feet (10 ' ) wide explicitly providing for
public access for their maintenance .
(8) Buildable Lots : No buildable lots shall contain flood
plain, wetlands or waters of the United States .
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^ Section 203 (b) , entitled "Site runoff storage requirements
f (detention) , " shall be amended to read as follows :
Absent any applicable watershed plan or interim watershed
plan, sufficient storage shall be provided such that the
probability of the post development release rate
exceeding 0 . 1 cfs/acre of development shall be less than
one percent (1%) per year and the probability of the
post-development release rate exceeding 0 . 04 cfs/acre of
development shall be less than fifty percent (50%) per
year. Design runoff volumes shall be calculated using
event hydrograph methods . The Administrator may specify
more restrictive release rates when downstream conditions
warrant .
Section 203 (h) (1) , entitled "Site runoff storage requirements
(detention) , " shall be amended to read as follows :
A minimum of two feet (2 ' ) of freeboard above the base
flood elevation shall be provided around the perimeter of
the detention facility with the exception of the overflow
structure . Water surface elevations two feet (2 ' ) above
the base flood elevation shall not damage the detention
facility.
Section 203 (h) (10) , entitled "Site runoff storage requirements
tow (detention) , " shall be created to read as follows :
All outlet works shall function without human
intervention or outside power and shall operate with
minimum maintenance .
Section 203 (h) (11) , entitled "Site runoff storage
requirements (detention) , " shall be created to read as
follows :
Detention facilities shall provide an overflow structure
and overflow path that can safely pass excess flows
through the development site . The minimum design rate
shall be 1 . 0 cfs/acre of area tributary to the storage
facility.
Section 203 (h) (12) , entitled "Site runoff storage requirements
(detention) , " shall be created to read as follows :
The maximum allowable water level fluctuation shall be
five (5) feet .
Section 500 (c) , entitled "General requirements, " shall be
amended to read as follows :
All permit fees shall be paid at the time of the
application in accordance with the fee schedule
established by this Chapter. Fees may be established by
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based upon all costs incurred by the permitting authority
in the administration of the permit, including, without
limitation, the costs of review and inspections both
during and after construction within the period for the
establishment of permanent cover.
Section 600 , entitled "Long-term maintenance, " shall be
amended to read as follows :
Unless maintenance responsibility has been delegated to
and accepted by another person under this section, the
owner shall maintain that portion of a stormwater
drainage system, including any special management areas,
located upon his land. With the approval of the
Administrator, the stormwater drainage system and special
management areas, or specified portions thereof, may be—
(a) dedicated or otherwise transferred to and accepted by
the permitting authority or other public entity; or
(b) conveyed or otherwise transferred to and accepted by
a homeowner' s association, or similar entity, the members
of which are to be the owners of all of the lots or
parcels comprising the development ; or
(c) conveyed to one or more persons or in one or more
undivided interests to one or more persons .
Except for those portions of the stormwater drainage
system and special management areas to be dedicated or
otherwise transferred to the permitting authority or
other public entity, included in the application for a
stormwater permit shall be a plan for the long term
management, operation and maintenance of the stormwater
drainage system and special management areas and a
description of the funding sources therefore . The person
or entity that will remain responsible for the
maintenance of all detention facilities shall be
designated on the final plat of subdivision or other
applicable recorded documents and final plans . Amendments
to the plan must be approved by the Administrator.
Section 700 , entitled "Inspection and maintenance authority, "
shall be amended to read as follows :
Pursuant to the authority granted by 55 ILCS 5/51104 and
5-1062 , the County may, upon 30 days' notice to the owner
or occupant, enter upon any lands or waters within the
County for the purpose of inspecting, maintaining or
inspecting and maintaining any stormwater facilities or
causing the removal of any obstruction to an affected
watercourse . The permitting authority may enter upon any
lands or waters within the City in accordance with
Chapter 1 . 16 of the Code for the purpose of inspecting,
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maintaining or inspecting and maintaining any stormwater
e` facilities or causing the removal of any obstruction to
an affected watercourse .
Section 703 , entitled "Offenses—penalties; remedies, " shall be
amended to read as follows :
(a) Any person found guilty of an offense under this
ordinance shall pay a civil fine in an amount of not less
than $100 . 00 and not more than $1000 . 00 . Each calendar
day during which such violation continues to exist shall
constitute a separate offense .
(b) In addition to any fine imposed under this section,
the Administrator or Director may revoke any stormwater
management permit issued to such person.
(c) In addition to any fine imposed or permit revocation
undertaken pursuant to this section, the Administrator or
Director may issue an order requiring the suspension of
any further work on the site . Such stop-work order shall
be in writing, shall indicate the reason for the
issuance, and shall specify the action, if any, required
to be taken in order to resume work. One copy of the
stop-work order shall be posted in the site in a
conspicuous place and one copy shall be served in the
manner prescribed in §1006 upon the permittee, or if
none, upon the person whose name the site was last
assessed for taxes as disclosed by the records of the
Supervisor of Assessments .
(d) In the enforcement of this ordinance, the
Administrator or Director may bring any action, legal or
equitable, including an action for injunctive relief, as
they deem necessary.
Section 902 , entitled "Application fee, " shall be amended to
read as follows :
The fee for filing an application for a variance shall be
paid at the time of the application in accordance with
the fee schedule established by this Chapter.
21 . 01 . 030 FEES :
A. The filing and application fees for site development
permits, subdivision development permits or services for
development set forth in this Title shall paid in
addition to any other fees required by the Code .
B. When calculating the acreage of a development for the
purposes of determining the applicable fee under this
Section, the acreage shall be derived from the entire
size of the parcel being developed, as differentiated
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from the acreage within the portion of the parcel on
eft which the proposed improvements will be constructed.
C. When a cash deposit is required as part of the filing and
application fee for a site development permit,
subdivision development permit or services for
development set forth in this Title, the City shall
submit an invoice to the applicant upon the completion of
any review or inspection. The City may utilize consulting
firms to provide reviews and inspections and submit an
invoice to the applicant for the consultant' s fees plus
the city' s administrative costs . Reviews and inspections
conducted by the City shall be billed at the rate of
forty-five dollars ($45 . 00) per hour and shall be
included on any invoice submitted to the applicant .
D. Fee Schedule .
SEDIMENT AND SOIL EROSION CONTROL
Single-family dwelling or development $250 . 00
of five (5) acres or less
eft FLOOD PLAIN
Single-family dwelling or development $250 . 00
of five (5) acres or less
Development greater than five (5) Actual cost to review,
acres permit and inspect, but
not less than $1000 .00.
Applicant shall make a
cash deposit of 2% of
engineer' s estimate of
costs. The City shall
draw from the
applicant's deposit as
costs are incurred and
submit an invoice for
such costs to the
applicant . Upon
receiving an invoice,
the applicant shall
submit an additional
cash deposit to the
City to maintain the
requisite 2% of the
engineer's estimate of
costs.
rift
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STORMWATER CONTROL
Development of three (3) acres or Actual cost to review, permit and
less inspect, but not less than $500.00.
Applicant shall make a cash deposit
of 2% of engineer's estimate of
costs. The City shall draw from the
applicant' s deposit as costs are
incurred and submit an invoice for
such costs to the applicant. Upon
receiving an invoice, the applicant
shall submit an additional cash
deposit to the City to maintain the
requisite 2% of the engineer' s
estimate of costs.
Development greater than (3) acres Actual cost to review, permit and
inspect, but not less than $1000 .00.
Applicant shall make a cash deposit
of 2% of engineer' s estimate of
costs. The City shall draw from the
applicant' s deposit as costs are
incurred and submit an invoice for
such costs to the applicant. Upon
receiving an invoice, the applicant
shall submit an additional cash
deposit to the City to maintain the
requisite 2% of the engineer's
estimate of costs."
eft.
FEE-IN-LIEU OF SITE RUNOFF STORAGE
Any development, each acre-foot of storage $25, 000 . 00 per
or part thereof not provided acre-foot
Commercial redevelopment or industrial $7500 . 00 per
redevelopment, each acre-foot of storage or acre-foot
part thereof not provided
Chapter 21 . 03
APPLICABILITY
21 . 03 . 010 GENERAL:
The contents of this Title supplement Titles 16, 18 and 19 of this
Code and the requirements contained in this Title are in addition
to the requirements of such regulations .
21 . 03 . 020 SPECIFIC APPLICABILITY:
The provisions of this Title shall apply to all development within
the City with the sole exception of parcels for which final plats
of subdivision have been approved by the City and recorded prior to
the effective date hereof and in which storm water control
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facilities have also been approved by the City. The development of
e... any parcel annexed to the City after the effective date hereof
shall in all instances comply with all applicable provisions of
this Title . "
Section 2 . That Ordinance No. G77-01 passed on November 28 ,
2001, be and is hereby repealed.
Section 3 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are hereby
repealed.
Section 4 . That this ordinance shall be in full force and
effect from and after January 1, 2002 upon its passage and
publication in the manner provided by law
4P/-- -...4,,,S-
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r. chock, Mayor
Presented: December 19, 2001
Passed: December 19, 2001
Omnibus Vote : Yeas : 6 Nays : 0
Recorded: December 20, 2001
Published: December 21, 2001
Attest :
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Dolonna Mecum, City Clerk
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