G12-09 t
• Ordinance No. G12-09
AN ORDINANCE
ADOPTING FURTHER AMENDMENTS TO THE
KANE COUNTY STORMWATER MANAGEMENT ORDINANCE
WHEREAS, additional flood insurance and floodplain-related, and other amendments to
the Kane County Stormwater Management Ordinance are necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the further amendments to the Kane County Stormwater Management
Ordinance as set forth in Sections 1-15 of Kane County Ordinance No. 08-342 entitled
"Amending the Kane County Stormwater Management Ordinance", a copy of such ordinance
being attached hereto as Exhibit 1, are hereby adopted by the City of Elgin and are and shall be
deemed to be included within the City of Elgin's adoption of the Kane County Stormwater
Management Ordinance, as amended, as provided for in Section 21.01.010 of the Elgin
Municipal Code, 1976, as amended, entitled "Adopted; Exceptions".
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its passage
and publication in the manner provided by law.
Ed Schoc ayor
Presented: March 4, 2009
0
Passed: March 4, 2009
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: March 5, 2009
Published: March 6, 2009
Attest:
iane Robertson, City Jerk
•
•
ORDINANCE#08-342
AMENDING THE KANE COUNTY STORMWATER MANAGEMENT ORDINANCE
WHEREAS, pursuant to 55 ILCS 5/5-1062, the Kane County Board adopted Res. No. 97-07
establishing the Kane County Stormwater Management Committee, for the purpose of preparing a
comprehensive countywide stormwater management plan and stormwater management ordinance (the
"Ordinance"); and
WHEREAS, the Ordinance was adopted by the County Board by the passage of Ordinance No.
• 00-312 on November 14, 2000; and
WHEREAS, additional flood insurance and floodplain related, and other amendments to the
Ordinance are necessary.
NOW, THEREFORE, BE IT ORDAINED by the Chairman and the Kane County Board that the
Kane County Stormwater Ordinance, as amended, is hereby further amended as follows:
1. Section 104 is amended as follows:
§ 104. Definitions
In this ordinance -
(31) development means any man-made change to the land and includes -
347
•
EXHIBIT 1
• (G) the installation of a manufactured home on a site, the preparation of a site for a
manufactured home, or the +nstallat+eaplacement of a recreational vehicle on a site for more than 180
days;
(39) existing manufactured home park means a development for the placement of
manufactured homes for which, at a minimum the installation of utilities, the construction of streets,
and either the final site grading or the pouring of concrete pads was completed before the effective
date;
(40) expansion of existing manufactured home park means the installation of utilities, or
the construction of streets, or final site grading, or pouring of concrete pads in connection with the
development of additional lots within an existing manufactured home park:
(41) farmed wetlands means wetlands that have been identified as farmed wetlands by
in accordance with the National Food Security Act Manual
(NFSAM) methodology and the United States Army Corps of Engineers - Chicago District methodology;
(47) FIRM or Flood Insurance Rate Map means the current version of a map published by
FEMA on which FEMA has delineated both the special flood hazard areas and the risk premium zones
applicable to a community, together with any amendments, additions. revisions or substitutions made
thereto or therefor by FEMA at any time;
(48) FIS or Flood Insurance Study means the
current version of an examination, evaluation and determination of flood hazards and, if appropriate.
corresponding water surface elevations (or an examination of flood-related erosion hazards) for a
• community adopted and published by FEMA, together with any amendments, additions. revisions or
substitutions made thereto or therefor by FEMA at any time;
(50) floodplain violation means the failure of a structure or other development to be in
compliance with the floodplain management regulations of this ordinance, including the failure to have
the elevation certificate, other certificates, or other evidence of compliance required in Article 4 until
such time as the required documentation is provided;
(61) hemimarsh means an isolated wetland dominated on the edges by tall emergent
vegetation with an interior area of shallow open water:
(62) highest adjacent_grade means the highest natural elevation of the ground surface next
to the proposed walls of a structure prior to construction:
vegetation with an inteFiGr area ef shallew E)PeR water;
(77) lowest floor means the lowest floor of the lowest enclosed area of a structure (including
basement) but does not include an unfinished or flood resistant enclosure suitable solely for parking of
vehicles, building access, or storage in an area other than a basement. provided, however. that such
enclosure is not built so as to render the structure in violation of the applicable requirements of 407.
(87) new construction means development:
•
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• (88) new manufactured home park means a development for the placement of
manufactured homes for which the installation of utilities and the construction of streets, and either the
final site grading or the pouring of concrete pads was completed before the effective date;
(110) recreational vehicle means a vehicle that is (a) built on a single chassis, (b) 400 ft.? or
less when measured at the largest horizontal projection, (c) designed to be self-propelled or
permanently towable by a light duty truck; and (d) designed primarily as temporary living quarters for
recreational camping, travel or seasonal use and not for use as a permanent dwelling;
(125) SFHA or Special Flood Hazard Area means an area haviag the land in the floodplain
within a community that is subject to a 1% or greater chance of flooding in any given year and has
special flood, mudslide or mudflow, or flood related erosion hazards and is shown on an FHBM or FIRM
as Zone A, AO, Al-30, AE, A99, AH, VO, V1-30, VE, V, M or E;
(127) start of construction (for other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97-348)) with respect to new construction means the
date the building permit was issued, provided the first placement of a permanent improvement on the
site (such as the pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation), or the placement of a manufactured home on a foundation,
occurs within 180 days; but does not include land preparation (such as clearing, grading and filling). nor
the erection of temporary forms, nor the construction or installation of accessory structures such as
garages or sheds not occupied as a dwelling unit and not part of the main structure; with respect to
substantial improvements, start of construction means the first alteration of any wall, ceiling, floor or
other structural part of a structure, whether or not the alteration affects the external dimensions of the
structure:
• (131) substantial damage means damage to a building from any cause whereby the cost of
restoring the building to its original condition is 50% or more of its market value prior to the damage:
(132) substantial improvement means (a) an improvement made to a build+ngstructure the
cost of which is gF teF than eF equal to 50% or more of building-sthe structure's market value before
the start of construction of the improvement; (b) the reconstruction or repair of a buildingstructure, the
cost of which is gFeateF than50% or equal e-500%more of the building&structure's market value before
the start of construction of the reconstruction or repair; or (c) an addition to a buildingstructure the cost
of which is great a:50% or equal te 501,4more of the bu+Idi 4g�&structure_s market value before the
start of construction of the addition. or any addition that increases the floor area by more than 20%: or
(d) any work done to a structure that has suffered substantial damage; but not (i) any work done to a
structure to correct existing violations of State or local health. sanitary or safety codes identified and
determined by the local code enforcement official to be the minimum necessary to assure safe living
conditions; or(ii) any work done to an historic structure;
2. Section 201 is amended as follows:
§ 201. General stormwater requirements
(b) Analysis and design of all stormwater facilities required for a development shall -
(3) ensure that the site is reasonably safe from flooding.
• 3. Section 404 is amended as follows:
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• § 404. Floodplain, regulatory floodplain, BFE and regulatory floodway locations
(a) The BFE shall be delineated on the site topography to establish the regulatory floodplain area
limits for regulation under this ordinance. Regulatory floodplains shall be delineated on the site map
from the current FEMA FIRM, FBFM or LOMR and include those areas of the SFHA which are not
regulatory floodplains. The current version of the maps adopted and published by FEMA for regulation
under the NFIP together with any amendments. additions, revisions or substitutions thereto or therefor
adopted and published by FEMA at any time in the future are hereby referred to, adopted, and made
part hereof as if fully set out in this ordinance. A list of the current regulatory maps for the County to be
consulted is maintained by the Director. All .,.+. .eRtS „ FeyiciGRS to , FIRM or CRCIVI H any IDNR
/R or C€ Aft v
appF�yed FeviSiGR to the PE, Rd aRY IDNR CAA.I7 Ar CC�AA approved CIC made nr
adopted a#eF the date of this E)FdiRaRGe aFe heFeby FefeFFed te, adopted and deGlaped tO be paF4 ef t
-as though fully set forth, it beiRg the 6P8GifiG WeRt'OR of the KaRe County Beard by
Gn nnUrro n+hi with its ar/en+inn by Ifl AIL7_(l1A/R CCIIAA
(b)
(7) When none of the above apply but the proposed development consists of more than 50 lots
or more than 5 acres, a study acceptable to the Administrator shall be provided for determination of a
site-specific BFE.
(c)
• (2) General criteria for analysis of flood elevations in the regulatory floodway are as follows:
(D) If the development will result in a change in the location of the regulatory floodway or a
change in the BFE, the applicant shall submit the information required for the issuance of a CLOMR to
IDNR/OWR and FEMA. A public notice inviting p4grcomment on the proposed change in the BFE or
location of the regulatory floodway will be isedpublished by IDNR/OWR or its designee before a
CLOMR is issued. All communities adiacent to a watercourse alteration or revocation shall be notified
of the proposed development. Filling, grading, dredging or excavating may take place upon issuance of
a conditional approval from IDNR/OWR and the Administrator, provided that no encroachment
increases the Base Flood Level Elevation more than 1/10 of 1 foot. No further development activities
shall take place in the existing or proposed floodplain until a LOMR is issued by FEMA unless such
activities meet all the requirements of §§ 403 through 413 of this ordinance. The Director shall be
copied on all related correspondence.
4. Section 407 is amended as follows:
§ 407. Building protection standards
This section applies to all buildings located in the regulatory floodplain. However, most new and
replacement buildings are not appropriate uses of the regulatory floodway.
(a) The lowest floor including basements of all new residential structures, substantially improved
structures and additions shall be elevated at least to the FPE. An attached garage for a structure must
be elevated at least six inches above the BFE.
(3) Fully enclosed areas in new construction and substantial improvements that are subject to
flooding and are used solely for parking of vehicles, building access or storage in an area other than a
basement shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
350
• allowing the entry and exit of flood waters. Designs shall be certified by a registered professional
engineer or have a minimum of two openings having a total net area of not less than 1 in.? for every
square-foot of enclosed area subject to flooding with the bottom of all openings no higher than 1 foot
above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices
Provided they permit the automatic entry and exit of flood waters.
(c) Manufactured homes
daysplaced outside a manufactured home park or on a site in an existing manufactured home park in
which a manufactured home has suffered substantial damage as a result of a flood shall be at or above
the FPE and shall be anchored to resist flotation, collapse or lateral movement in accordance with the
Illinois Manufactured Home Tie-Down Code (77 III. Adm. Code 870 (1999), as amended.) Manufactured
homes placed or substantially improved in an existing manufactured home park shall be elevated so
that the chassis is supported by reinforced piers no less than 36 inches in height above grade and
securely anchored. Recreational vehicles to be installed on a site for more than 180 days, unless fully
licensed and highway ready, shall be at or above the FPE and shall be anchored to resist flotation,
collapse or lateral movement. In accordance with the Illinois Manufactured Home Tie-Down Code (77
III. Adm. Code 870 (1999), as amended).
All new construction and substantial improvements shall employ anchoring to prevent flotation,
collapse or lateral movement of the structure, use flood resistant materials, and be constructed by
methods and practices that minimize flood damages.
(g) Where base flood elevation data are used within Zone A on the community's FHBM or FIRM, a
record of the following shall be obtained and maintained by the Administrator:
(1) The elevation of the lowest floor (including basement) of all new structures and substantially
improved structures; and
(2) The elevation to which the structure was floodproofed (if the structure has been floodproofed
in accordance with §§ 407(a)(2), 407(b) and 407(f).)
(h) In FEMA Zones AO and AH drainage paths shall be provided around structures on slopes to
guide water around and away from proposed structures.
5. Section 412 is amended as follows:
§ 412. Riverine Floodplain
These standards apply to riverine regulatory floodplains without a regulatory floodway. The
applicant shall obtain approval from IDNR/OWR for all development, any portion of which is located
within the regulatory floodplain (without a delineated regulatory floodway) with a tributary drainage area
of 640 acres or more.
(c) If a development will alter or relocate a watercourse the applicant shall notify adjacent
communities.
6. Section 413 is amended as follows:
§ 413. Bridge and culvert standards
• These standards are for the construction, reconstruction; or modification GF RGW GenGtFUGtien of
bridges, culvert crossings and roadway approaches located in the regulatory floodplain.
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•
7. Section 414 is amended as follows:
§ 414. Requirements for wetland delineation
(a) Before any development in or near Waters of the U.S., or in or near isolated wetlands or farmed
wetlands, a written report identifying and evaluating the boundaries, location, limits, area and quality of
all onsite wetlands shall be submitted. The presence and limits of wetland areas shall be determined by
a wetland delineation conducted in accordance with the 1987 Corps of Engineers Wetland Delineation
Manual. Wetland delineations under this section shall be valid for three years. The pFeseR^^ ^f faFFRe.d
wetlands shall be .de+e4niRe d by NRG
8. Section 418 is amended as follows:
§ 418. Buffer requirements
The requirements of this section are not applicable to redevelopment projects on sites adjacent to
the main channel of the Fox River. The requirements of this section are also not applicable to isolated
wetlands or Waters of the U.S. that, in either case, are below the threshold size limitations for mitigation
requirements under the COE § 404 permit program (currently, less than 0.2-510 acres).
• (a)
(3)
(B)
(ii) For all non-lineal water bodies or WateFs „f+he U.S. ,dos,„nnfe,d DID er wetlands
with an FQI greater than 16, a minimum buffer width must be established in accordance with Table
418(a)(3)(B)(ii).
(iii) For PGP-AB-l-wetlands with an FQI of 7 to 16 a minimum buffer width must be
established in accordance with Table 418(a)(3)(B)(iii).
(iv) For non-ADE D-wetlands with an FQI of less than 7 a minimum buffer width must be
established in accordance with Table 418(a)(3)(B)(iv).
(b) Buffers shall be replanted or reseeded using appropriate predominately native deep-rooted
vegetation, appropriately managed and maintained follewiRg disturbanGe.
(e) If a buffer area is disturbed by permitted activities during construction, the buffer strip shall be
stabilized in accordance with §388subsection (b) of this section.
9. Tables 418(a)(3)(B)(ii), 418(a)(3)(B)(iii) and 418(a)(3)(B)(iv) are amended as follows:
• BUFFER WIDTH CALCULATION TABLES
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Table 418(a)(3)(B)(ii) - High Quality Wetlands - FQI > 16
BUFFER RATIO WETLAND AREA BUFFER AREA BUFFER WIDTH
Acres Acres Feet
0.5 0.10 0.050 15.0
0.5 0.25 0.125 15.0
0.5 0.50 0.250 20.0
0.5 0.75 0.375 25.0
0.5 1.00 0.500 1 30.0
0.5 1.25 0.625 30.0
0.5 1.50 0.750 35.0
0.5 1.75 0.875 35.0
0.5 2.00 1.000 40.0
0.5 2.25 1.125 40.0
0.5 2.50 1.250 45.0
0.5 2.75 1.375 45.0
0.5 3.00 1.500 50.0
0.5 3.25 1.625 50.0
0.5 3.50 1.750 50.0
0.5 3.75 1.875 50.0
0.5 4.00 2.000 50.0
0.5 4.25 2.125 50.0
0.5 4.50 2.250 50.0
0.5 4.75 2.375 50.0
0.5 5.00 or more 2.500 50.0
Buffer Ratio = % of total wetland area
Wetland Area = Total on and offsite area of the wetland = (%*Acres)
Buffer Area = Area of the buffer = (%"Acres)
Buffer Width = [Area * 43560) /4] / [Sgrt (Acres * 43560)]
•
353
Table 418(a)(3)(B)(iii) - Medium Quality Wetlands -€Ql >_7 < FQI < 16
BUFFER RATIO WETLAND AREA BUFFER AREA BUFFER WIDTH
(Acres) (Acres) (Feet)
0.4 0.10 0.04 15.0
0.4 0.25 0.10 15.0
0.4 0.50 0.20 15.0
0.4 0.75 0.30 20.0
0.4 1.00 0.40 25.0
0.4 1.25 0.50 25.0
0.4 1.50 0.60 30.0
0.4 1.75 0.70 30.0
0.4 2.00 0.80 30.0
0.4 2.25 0.90 35.0
0.4 2.50 1.00 35.0
0.4 2.75 1.10 35.0
0.4 3.00 1.20 40.0
0.4 3.25 1.30 40.0
0.4 3.50 1.40 40.0
0.4 3.75 1.50 45.0
0.4 4.00 1.60 45.0
0.4 4.25 1.70 45.0
• 0.4 4.50 1.80 45.0
0.4 4.75 1.90 50.0
0.4 5.00 or more 2.00 50.0
Buffer Ratio = % of total wetland area
Wetland Area = Total on and offsite area of the wetland = (%*Acres)
Buffer Area = Area of the buffer= (%*Acres)
Buffer Width = [Area * 43560) /4] / [Sgrt (Acres * 43560)]
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i
• Table 418(a)(3)(B)(iv)- Low Quality Wetlands - FQI < 7
BUFFER RATIO WETLAND AREA BUFFER AREA BUFFER WIDTH
(Acres) (Acres) (Feet)
0.3 0.10 0.030 15.0
0.3 0.25 0.075 15.0
0.3 0.50 0.150 15.0
0.3 0.75 0.225 15.0
0.3 1.00 0.300 20.0
0.3 1.25 0.375 20.0
0.3 1.50 0.450 20.0
0.3 1.75 0.525 25.0
0.3 2.00 0.600 25.0
0.3 2.25 0.675 25.0
0.3 2.50 0.750 25.0
0.3 2.75 0.825 30.0
0.3 100 0.900 30.0
0.3 3.25 0.975 30.0
0.3 3.50 1.050 30.0
0.3 3.75 1.125 35.0
0.3 4.00 1.200 35.0
0.3 4.25 1.275 35.0
• 0.3 4.50 1.350 35.0
0.3 4.75 1.425 35.0
0.3 5.00 or more 1.500 35.0
Buffer Ratio = % of total wetland area
Wetland Area = Total on and offsite area of the wetland = (%*Acres)
Buffer Area = Area of the buffer= (%*Acres)
Buffer Width = [Area * 43560) /4] / [Sgrt (Acres * 43560)]
•
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I
DRAFT-COUNTY BOARD MINUTES — November 12, 2008
s10. Section 504 is amended as follows:
§ 504. Plan set submittal
(b) General Plan View Drawing:
(10) existing Waters of the U.S. including wetlands, a %Ftified wetland deter., roan,,,
farmed wetlands and aquatic
resources identified in ADID, and required buffers;
11. Section 702 is amended as follows:
§ 702. Offenses
(a) Any person who violates, disobeys, omits, neglects, —refuses to comply with, or resists the
enforcement of any provision of this ordinance (ordinance violation), or any requirement or condition
in any permit issued pursuant to this ordinance (permit violation), or any requirement or condition
contained in Article 4 (floodplain violation), and, in the case of a permit violation or a floodplain
violation, fails to correct such violation, omission or neglect, or cease such disobedience, refusal or
resistaence after notice and reinspection as provided below, shall be guilty of an offense under this
ordinance.
12. Section 1000 is amended as follows:
•
§ 1000. Responsibility for administration
(c) Each community shall remain solely responsible for its standing in the National Flood Insurance
Program, including-
. (2) the notification of the Director, FEMA, IDNR-OWR, COE, NRCS, the Soil and Water
Conservation District, the United States Fish and Wildlife Service, the Illinois Environmental Protection
Agency, and the United States Environmental Protection Agency of any proposed amendment to this
ordinance-.Land
(3) The adoption pursuant to 404(a) of the most current version of the maps adopted and
published by FEMA for regulation under the NFIP and the automatic adoption of any amendments,
additions, revisions or substitutions thereto or therefor.
13. Section 1002 is amended as follows:
§ 1002. Duties of Administrator
The Administrator shall -
(o) ensure that all wetland impacts have been mitigated-: and
(p) maintain records of the lowest floor and floodproofing elevations for new construction and
substantial improvements where BFE data are used in FEMA Zone A.
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r
DRAFT-COUNTY BOARD MINUTES - November 12, 2008
•
14. Section 1102 is amended as follows:
§ 1102. Filing and contents of petition for certification
A petition for certification shall be filed with the Director. The petition need not be on any particular
form but, at a minimum, shall set forth and be accompanied by -
(a) the agreement of the corporate authorities of the community to adopt, if certified, this ordinance
by reference including in such ordinance of adoption language expressing the intent of the corporate
authorities of the community to automatically adopt by reference all amendments to this ordinance
adopted by the County at any time in the future and specifically to automatically adopt by reference the
most current version of the maps adopted and published by FEMA for regulation under the NFIP;
15. The caption of Article 13 is amended as follows:
ARTICLE 13 - FEE-IN-LIEU OF SITE RUNOFF STORAGE ANDOR WETLAND MITIGATION
16. Section 1503 is amended as follows:
§ 1503. Mitigation requirements
(i)The applicant may propose an alternative mitigation plan combining wetland creation, purchase of
credits from a wetland mitigation bank, payment of a fee-in-lieu of wetland mitigation, and/or enhancing
existing wetlands either onsite or offsite. The Dr^ r-Administrator in a community certified to
administer Article 15�, shall notify the Director of the proposal of an alternate mitigation plan and the
Director shall determine if athe proposed alternative mitigation plan meets the requirements of this
section and his or her decision shall be final.
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