G55-07 Ordinance No. G55-07
AN ORDINANCE
AMENDING TITLE 21 OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED
"STORMWATER MANAGEMENT"
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, entitled "Storm
Water Management", be and is hereby further amended by amending Section 21.01.020, entitled
"Additions, Insertions and Changes"to read as follows:
The Kane County storm water 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 (138):
Oversight Committee means the City of Elgin Planning and Development
Commission.
Section 201(d), entitled "General stormwater requirements, shall be amended to read as
follows:
All developments shall have an overland flowpath at the downstream limit of the
site that will pass the base flood flow without increasing flood damage. If the
upstream drainage area is less than 20 acres, a storm sewer pipe and inlet sized for
the base flood may be constructed in lieu of providing an overland flowpath.
Overland flowpaths internal to the site shall be considered part of the major
stormwater system and shall be designed for conveyance of a minimum of one cfs
per tributary acre without damage to structures. The minimum freeboard on an
overland flowpath, regardless of the service area size, shall be one (1) foot.
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 just full for the
10-year intensity-duration-frequency curve. The maximum allowable
width of the street gutter 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 (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)(2), entitled "Site runoff storage requirements (detention)", shall be
amended to read as follows:
The storage facilities shall be accessible and easily maintained and, for the
subdivision of land, storage facilities and their access to a public street shall be
entirely located on a lot of record. Buildable lots within a subdivision shall not
include any portion of the stormwater storage facility. Access shall be a minimum
of fifteen (15) feet to accommodate a minimum twelve (12)-foot wide paved
access.
Section 203(h)(10), entitled "Site runoff storage requirements (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.
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Section 203(h)(12), entitled "Site runoff storage requirements (detention)", shall be
amended to read as follows:
The maximum allowable water level fluctuation shall be seven and one-half(7 '/2)
feet.
Section 203(h)(13), entitled "Site runoff storage requirements (detention)", shall be
created to read as follows:
The maximum slope on any portion of a storage facility, including access areas,
shall be four (4) foot of run for every one (1) foot of rise (4:1 ratio). Exceptions
may be made within the retention area of a pond below normal water level when
the developer is creating a fish habitat within the storage facility.
Section 203(g)(1), entitled "Site runoff storage requirements (detention)", shall be
amended to read as follows:
The runoff from a 0.75 inch rainfall event over the hydraulically connected
impervious area of the new development shall be stored below the elevation of the
primary gravity outlet (retention) of the site runoff storage facility. The facility
may be designed to allow for evapotransporation or infiltration of this volume into
a subsurface drainage system and shall not be conveyed through a direct positive
connection to downstream areas. Wherever the retention depth is less than 3 ft.
the retention facility shall be constructed by over-excavating the required
retention volume by 1 ft. and replacing such volume with 1 ft. of topsoil suitable
for growing wetland plants. Topsoil used shall be generally free from non-native
and noxious seed bank. Native wetland plantings shall be introduced and shall not
be dominated by or contain cumulatively more than 25% cover of the following
species: Buckthorn (Rhamunus cathartica or frangula), Reed Canary Grass
(Phalaris arundinacea), Purple Loosestrife (Lythrum salicaria), or Giant Reed
(Phragmites australis). Within six months of the completion of the development a
qualified wetland review specialist retained by the developer shall verify
compliance with this section in a report submitted to the Administrator. A safety
and planting ledge shall be incorporated into detention facilities that include
retention below normal water level greater than two (2) feet. Said ledge shall be at
least six (6) inches but not more than two (2) feet below normal water level and
shall extend a minimum distance of ten (10) feet into the pond.
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 shall established 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.
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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, maintaining or inspecting and maintaining any
stormwater 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
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•. 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.
Section 2. That Title 21, of the Elgin Municipal Code, 1976, as amended, entitled "Storm
Water Management", be and is hereby further amended by amending Section 21.01.030, entitled
"Fees" to read as follows:
A. Payable: The filing and application fees for site development permits, subdivision
development permits or services for development set forth in this title shall be paid in
addition to any other fees required by this code.
B. Acreage Calculation: 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 from the acreage within the
portion of the parcel on which the proposed improvements will be constructed.
C. Cash Deposit: 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.
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D. Fee Schedule:
Sediment And Soil Erosion Control II
Single-family dwelling or development
of 5 acres or less $250
Floodplain
Single-family dwelling or development
of 5 acres or less $250
Development greater than 5 acres Actual cost to review, permit and inspect,
but not less than $1,000.00. Applicant
shall make a cash deposit of 2 percent 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 percent of
the engineer's estimate of costs.
Storm Water Control
Development of 3 acres or less Actual cost to review, permit and
inspect, but not less than $500.00.
Applicant shall make a cash deposit
of 2 percent 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 percent of the engineer's
estimate of costs.
Development greater than 3 acres Actual cost to review, permit and
inspect, but not less than $1,000.00.
Applicant shall make a cash deposit
of 2 percent 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
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r., receiving an invoice, the applicant
shall submit an additional cash
deposit to the city to maintain the
requisite 2 percent of the engineer's
estimate of costs.
Fee In Lieu Of Site Runoff Storage
Any development, each acre-foot of storage $90,000.00 per acre-foot, with said fee
or part thereof not provided increasing at the rate of six percent (6%)
per annum beginning January 1, 2009 and
on January 1st of each successive year.
Commercial redevelopment or industrial $60,000.00 per acre-foot, with said fee
redevelopment, each acre-foot of storage or increasing at the rate of six percent (6%)
part thereof not provided per annum beginning January 1, 2009 and
on January 1St of each successive year.
Application for a variance $200.00
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 upon its passage and
rpublication in the manner provided by law.
Ed Schock, Mayor
Presented: September 26, 2007
Passed: September 26, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: September 27, 2007
Published:
Attestp:
Diane Robertson, City C rk
r
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