The purpose of this chapter is to promote and protect public health, safety, and general welfare by protecting areas of environmental sensitivity and by regulating development to minimize the impact of development on the environment or citizens of the county.

   A.   Resource Protection: Protecting and preserving existing natural resources by:

      1.   Preserving Agricultural Land: Growth of estate, suburban, and urban uses are directed to municipalities because services are available and higher intensities fit the context of the built environment. Compact development in municipalities minimizes the loss of agricultural land in the county that would otherwise be developed as low intensity residential (sprawl).

      2.   Reduction Of Runoff And Increase Of Groundwater Recharge: Clustering results in the lowest possible levels of impervious surface. This allows natural runoff and recharge to take place.

      3.   Provision And Protection Of Wildlife Habitats: Wetlands, floodplains, and steep wooded lands are protected.

      4.   Protection Or Enhancement Of Water And Air Quality: Encouraging growth to occur in the county's established municipalities reduces trip length and road maintenance, thus enhancing air and water quality.

   B.   Flood Damage Prevention: Minimizing public and private losses due to flood conditions in specific areas by provisions designed to:

      1.   Prohibit or restrict any development in the floodway, floodplains, or wetlands;

      2.   Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights or velocities;

      3.   Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;

      4.   Control the alteration of natural floodplains, stream channels, and natural protective barriers that are involved in the accommodation of floodwaters;

      5.   Control filling, grading, dredging, and other development activities that may increase erosion or flood damage;

      6.   Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or which may increase flood hazards to other lands;

      7.   Keep federally supported flood insurance available for structures and their contents by fulfilling the requirements of the national flood insurance program; and

      8.   Enhance the likelihood of compliance with the Grundy County stormwater ordinance, section 8-4-5 of this chapter.

   C.   Control Emissions And Nuisances: Minimize adverse impacts on the population from emissions from land uses. Limit noise, light and glare, dirt, dust, chemicals, odors, or other emissions associated with land development. (Ord. 10-001, 1-12-2010)

The following natural areas are given limited protection from development:

   A.   Floodplain or floodways: Construction of buildings for human occupancy shall be permitted in the floodplain only if in accordance with the standards of section 8-4-5-10-3 of this chapter.

   B.   Wetlands: All development and land improvements shall comply with the Grundy County stormwater ordinance.

   C.   Steep slopes: These areas include slopes in excess of ten percent (10%). There are two (2) categories, ten (10) to twenty percent (20%) and slopes in excess of twenty percent (20%).

   D.   Riparian woodlands and mature trees: These wooded areas near streams are located on slopes of less than ten percent (10%). (Ord. 10-001, 1-12-2010)

The area of resources designated in this section shall be protected as indicated in table 8-4-2-2, "Resource Protection Standards", of this section.

   A.   Site Plan Requirements: The site plan shall designate the areas and acreages of each resource listed in table 8-4-2-2, "Resource Protection Standards", of this section. The area to be protected shall meet the open space requirements for each resource category. The site plan shall include a table that enumerates the following:

      1.   The total acreage of each designated resource area on the site.

      2.   The protected acreage for each resource.

      3.   The acreage for each resource that is permitted to be disturbed.

      4.   The acreage for each resource that will be disturbed when the project is completed.

   B.   Protecting Resources: Protected areas shall be designated on the plan as common open space. The county board may also permit a conservation easement on properties intended for development as long as the minimum area requirements for residential lots are met outside the easement.

   C.   Overlapping Resources: It is likely that resource areas will overlap. In these cases, the area of the most restrictive resource (that with the highest open space ratio) shall be used.

 

 

(Ord. 10-001, 1-12-2010)

   A.   Generally: All subdivisions and development site plans shall delineate the resources listed in section 8-4-2-1, "Protected Resources", of this chapter on a site analysis map that depicts the locations of each resource category along with topography. Such delineation shall be performed by a registered professional engineer.

   B.   Mapping Criteria: The following criteria shall be used for mapping natural resources:

      1.   Streams (perennial, intermittent, mapped, and unmapped) with identifiable banks and beds shall have their boundaries set at the top of the bank.

      2.   Initial identification of the watercourses/water bodies shall be made using the U.S. geological survey quadrangle maps or more accurate information, as available. Field survey verification is required for preliminary plats and site plans in order to establish the location of channelized flow.

      3.   Woodlands shall be measured at the tree canopy line.

      4.   Wetlands shall be delineated by the criteria promulgated by the U.S. army corps of engineers.

   C.   Boundaries: Boundaries shall be drawn as follows:

      1.   Measurements for boundaries shall be made horizontally, perpendicular from, or radial from any feature or point.

      2.   Boundaries that are dependent on elevation shall be based upon on site elevations and shall not be interpolated.

   D.   Topography: Topographic lines shall be at one foot (1') contour intervals. (Ord. 10-001, 1-12-2010)

(Rep. by Ord. 2016-003, 3-8-2016)

No use, operation, or activity shall cause or create noise in excess of the sound levels prescribed in the Grundy County nuisance ordinance. (Ord. 10-001, 1-12-2010)

No vibration shall be produced that is transmitted through the ground or air and is discernable without the aid of instruments at or on any point beyond the lot line of the property on which the activity or operation occurs. (Ord. 10-001, 1-12-2010)

   A.   Control Of Emissions: All industrial uses shall submit verification that their proposed smoke and particulate matter emissions meet federal and state air quality standards set forth by the U.S. environmental protection agency (code of federal regulations title 40) and the state of Illinois.

   B.   State And Federal Permits: No regulated emission source shall be constructed or operate without required permits from the state and federal governments.

   C.   Other Objectionable Odors: Objectionable odors that are noticeable at any point beyond the property line are prohibited. The determination of objectionable odors shall be made by the zoning officer, who shall visit the site and determine if the use is emitting an odor that is considered offensive to adjoining uses. (Ord. 10-001, 1-12-2010)

   A.   This section 8-4-5 shall be known as the GRUNDY COUNTY STORMWATER MANAGEMENT ORDINANCE (hereafter referred to as "GCSMO").

   B.   The Grundy County board adopts this section 8-4-5 pursuant to its authority to regulate stormwater management and govern the location width, course and release rate of all stormwater runoff channels, streams and basins in the county, consistent with the objectives of the Grundy County comprehensive land use plan. The statutory authority for this section 8-4-5 is contained in 55 Illinois Compiled Statutes 5/5-1041, 5/5-1049, 5/5-1062.2, 5/5-1063, 5/5-1104, 5/5-12003 and 5/5-15001 et seq., and 415 Illinois Compiled Statutes 5/43 and other applicable authority, all as amended from time to time.

   C.   As applicable, the municipalities within Grundy County adopt and enforce this section 8-4-5 pursuant to 55 Illinois Compiled Statutes 5/5-1062; 65 Illinois Compiled Statutes 5/1-2-1, 5/11-12-12, 5/11-30-2 and other applicable authority, all as amended from time to time. (Ord. 2016-003, 3-8-2016)

This section 8-4-5 was recommended by the Grundy County stormwater steering committee and was adopted by the Grundy County board, after review by the appropriate agencies and a public hearing. This section 8-4-5 is available for public inspection in the land use department and the Grundy County clerk's office. (Ord. 2016-003, 3-8-2016)

The purpose of this section 8-4-5 is to promote effective, equitable, acceptable and legal stormwater management measures by establishing reasonable rules and regulations for developments. All of the purposes are consistent with the intent of the Grundy County comprehensive land use plan. The goals of this section 8-4-5 are highlighted below:

   A.   To protect the public from the degradation of the quality of the water supply on a watershed basis.

   B.   To develop standards that assure new development does not increase the drainage or flood hazards to others, or create unstable conditions susceptible to erosion.

   C.   To protect and enhance the natural hydrologic and hydraulic functions and natural characteristics of watercourses and floodplains to protect water quality, aquatic habitats, reduce flood damage, reduce soil erosion, provide recreational and aesthetic benefits and enhance community and economic development.

   D.   To manage sediment and erosion in and from stormwater facilities, developments, and agricultural fields and construction sites and to reduce and repair stream bank erosion.

   E.   To manage developments such that those developments are carefully planned for water resources. This management shall include the natural features such as vegetation, wildlife, waterways, wetlands and topography such that the surface or ground water is not negatively impacted.

   F.   To protect environmentally sensitive areas from deterioration or destruction by private or public actions.

   G.   To require appropriate and adequate provisions for site runoff control, especially when the land that is being developed contains a large amount of impervious surface.

   H.   To manage the rules and regulations of the national flood insurance program, this allows all residents within the county the ability to purchase federally subsidized flood insurance.

   I.   To manage potential conflicts between incompatible land users such as agricultural and urban uses while maintaining agriculture as a viable and productive use within the county.

   J.   To protect and encourage the cooperation between units of government that have jurisdiction over floodplain and stormwater management.

   K.   To protect and improve the surface water quality and to provide beneficial uses of ponds, lakes, wetlands, rivers and streams by reducing point source and nonpoint contamination sources.

   L.   To manage the control of stormwater quantity and quality at the most site specific or local level and preventing unauthorized or unmitigated discharge of flow off site.

   M.   To manage and implement a procedure that will allow Grundy County municipalities to petition the committee for authority to implement and enforce the requirements of this section 8-4-5.

   N.   To manage and require strict compliance with and enforcement of this section 8-4-5.

   O.   To protect and improve the quality of waterways, including groundwater, floodplains, wetlands and the natural drainage systems of the county.

   P.   To create a wetland protection ordinance as a means to preserve their function and aesthetics and reduce water pollution and maintain storm and flood water capacity.

   Q.   To utilize a stormwater management system that incorporates the natural watershed functions to reduce the negative impacts of development on water quality.

   R.   To represent the interest of the area drainage districts and other interested organizations such as the Grundy County soil and water conservation district and other interested organizations to promote the protection of the Aux Sable Creek, Mazon River, Nettle Creek, Waupecan Creek and Illinois River watersheds by creating and implementing stormwater controls on new development in the county.

   S.   To encourage residential, commercial and industrial developments that preserve and enhance natural features such as vegetation, waterways, wetlands, topography and scenic vistas through proper planning and designation of environmental corridors and buffers.

   T.   To establish environmental design standards and development controls to promote responsible development and regulate the amount, distribution and type of open space necessary to minimize adverse impacts, protect natural features of the environment, and provide adequate recreational areas.

   U.   To promote a network of greenbelts and greenways to protect wildlife habitat/movement, floodplains, wetlands and natural drainage systems and also to protect and encourage the use of native/natural vegetation.

   V.   To promote environmentally supportive recreational uses of lands in floodplains and areas adjacent to waterways and other natural open space systems.

   W.   To promote and encourage design techniques to ensure that impervious areas in watersheds are minimized to enhance groundwater regeneration, minimize runoff and maintain ecological health.

   X.   To promote water detention, retention, infiltration and best management practices throughout a development and as close to its source as possible to increase the quality and reduce the quantity of stormwater runoff.

   Y.   To manage stormwater runoff volume and reduce groundwater depletion by encouraging the use of permeable pavements, infiltration trenches, wetland bottom ponds, bioswales, rain gardens and other best management practices.

   Z.   To meet the specific floodplain management purposes listed in subsection 8-4-5-10-3A of this chapter. (Ord. 2016-003, 3-8-2016)

This section 8-4-5 recognizes the integrated nature of the watershed system and the need to study certain flood control alternatives and other stormwater management functions on a watershed wide basis. (Ord. 2016-003, 3-8-2016)

Individual watershed plans or interim watershed plans which recognize the unique attributes of each watershed may be prepared and periodically updated for the major watersheds to identify management projects and establish criteria for development. These plans may also recommend changes to this section 8-4-5 as amendments to the watershed plans occur. (Ord. 2016-003, 3-8-2016)

Watershed plans or interim watershed plans may be adopted by the Grundy County board that contains more stringent requirements. If adopted, the affected sections within this section 8-4-5 shall be modified to reflect the ideals listed within that watershed plan. (Ord. 2016-003, 3-8-2016)

The following abbreviations when used within this section 8-4-5 shall have the following designated meanings:

 

(Ord. 2016-003, 3-8-2016)

This section 8-4-5 contains specific words and terms that shall have the following meanings as set forth, except where otherwise specifically indicated. Words and terms not defined shall have the meanings that are indicated in a common dictionary definition.

ADMINISTRATIVE VIOLATION: An administrative violation of this section 8-4-5 that occurs when rules and procedures regarding permit applications and stormwater management permits are not followed.

ADMINISTRATOR: The person designated by the permitting authority to administer and enforce this section 8-4-5. The administrator may delegate and share this function with a designee.

AGRICULTURAL LAND: Characteristics of the property that lend itself to an agricultural designation such as prime farmland, livestock operation, horse barn or similar function and is currently zoned Ag.

AGRICULTURAL SUBSURFACE DRAINAGE: A water management technique driven by economic and safety concerns, where the rate at which surplus groundwater should be removed is determined primarily by the moisture/air requirements of the vegetation and through the use of farm tiles throughout the property.

APPLICABLE ENGINEERING PRACTICE: Procedures, methods or materials recommended in standard engineering textbooks or references as suitable for the intended purpose.

APPLICANT: Any person who submits an application for a permit under this section 8-4-5.

BFE OR BASE FLOOD ELEVATION: The elevation in relation to mean sea level of the crest of the base flood.

BMP OR BEST MANAGEMENT PRACTICES: A measure used to control the adverse stormwater related effects of development, and includes structural devices such as swales, filter strips, infiltration trenches and site runoff storage basins, designed to remove pollutants, reduce runoff rates and volumes and protect aquatic habitats, as well as nonstructural approaches, such as public education efforts to prevent the dumping of household chemicals into storm drains.

BASE FLOOD: The flood having a one percent (1%) probability of being equaled or exceeded in a given year calculated during a 100-year rain event.

BASEMENT: That portion of a building having its floor subgrade (below ground level) on all sides.

BUFFER: An area of predominantly deep rooted native vegetated land adjacent to channels, wetlands, lakes or ponds for the purpose of stabilizing banks, increasing infiltration, and reducing contaminants (including sediments), in stormwater that flows into such areas.

BUILDING: A walled and roofed structure, including gas or liquid storage tank that is principally above ground, including manufactured homes, prefabricated building and gas or liquid storage tanks. The term also includes recreational vehicles and travel trailers installed on a site for more than one hundred eighty (180) days per year.

BULLETIN 70: "Frequency Distributions And Hydroclimatic Characteristics Of Heavy Rainstorms In Illinois", by Floyd Huff and James Angel of the Illinois state water survey (1989).

BYPASS FLOWS: Stormwater runoff from upstream properties tributary to a property's drainage system but not under its control.

CLOMA OR CONDITIONAL LETTER OF MAP AMENDMENT: FEMA's comment on a proposed structure or group of structures that would, upon construction, be located on existing natural ground above the base (1 percent annual chance) flood elevation on a portion of a legally defined parcel of land that is partially inundated by the base flood.

CLOMR OR CONDITIONAL LETTER OF MAP REVISION: FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area (SFHA).

COE: The United States army corps of engineers.

CERTIFIED COMMUNITY: A community certified under section 8-4-5-17 of this chapter.

CHANNEL: Any river, stream, creek, brook, branch, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or manmade drainageway which has a definite bed and bank or shoreline, in or into which surface, ground water, effluent, or industrial discharges flow either perennially or intermittently.

CHANNEL MODIFICATION: Alteration of a channel by changing the physical dimensions or materials of its bed or banks, and includes damming, rip rapping (or other armoring), widening, deepening, straightening, relocating, lining and significant removal of bottom or woody rooted vegetation, but does not include the clearing of debris or removal of trash or dredging to previously documented thalweg elevations and side slopes.

CHROMA: The relative purity, strength or saturation of a color; directly related to the dominance of the determining wavelength of the light and inversely related to the grayness; one of the three (3) variables of color.

COMMERCIAL: Having the qualities associated with the transaction of business with the public at large where the traffic generated warrants construction of site improvements.

COMMITTEE: The Grundy County stormwater management committee.

COMMUNITY: Grundy County or any municipality within Grundy County.

COMPENSATORY STORAGE: An excavated, hydrologically and hydraulically equivalent volume of storage created to offset the loss of existing flood storage.

CONTROL STRUCTURE: A structure designed to control the rate of flow that passes through the structure given a specific upstream and downstream water surface elevation.

COUNTY: Grundy County, Illinois.

COUNTY ADMINISTRATOR: The person appointed by the county board who will manage and enforce the contents of this section 8-4-5.

CRITICAL DURATION: The duration of a storm event that results in the greatest peak runoff.

CRITICAL FACILITY: Any facility which is critical to the health and welfare of the population and, if flooded, would create an added dimension to the disaster. Damage to these critical facilities can impact the delivery of vital services, can cause greater damage to other sectors of the community, or can put special populations at risk. Examples of critical facilities where flood protection should be required include: emergency services facilities (such as fire and police stations), schools, hospitals, retirement homes and senior care facilities, major roads and bridges, critical utility sites (telephone switching stations or electrical transformers), and hazardous material storage facilities (chemical, petrochemicals, hazardous or toxic substances).

DAM: Any obstruction, wall embankment or barrier, together with any abutments and appurtenant works, constructed to store or divert water or to create a pond (not including underground water storage tanks).

DEPARTMENT: The Grundy County land use department.

DEPRESSIONAL STORAGE: The volume contained below a closed contour on a one foot (1') contour interval topographical map, the upper elevation of which is determined by the invert of a surface gravity outlet.

DESIGN WATER SURFACE ELEVATION: The high water level elevation of a site runoff control facility for a selected storm event, described in terms of the probability of occurring once within a given number of years, for which site runoff control facilities are designed.

DETENTION BASIN: A facility constructed to provide for the temporary storage of stormwater runoff with a controlled release rate.

DEVELOPER: A person who creates or causes a development.

DEVELOPMENT: Any manmade change to the land which includes:

   A.   The construction, reconstruction or replacement of a building or an addition to a building;

   B.   The installation of utilities, construction of roads, bridges or similar projects;

   C.   Drilling and mining;

   D.   The construction or erection of levees, walls, fences, dams, or culverts;

   E.   Channel modifications, filling, dredging, grading, clearing, excavating, paving, or other nonagricultural alterations of the ground surface;

   F.   The storage of materials and the deposit of solid or liquid waste;

   G.   The installation of a mobile home on a site, the preparation of a site for a mobile home, or the installation of a recreational vehicle on a site for more than one hundred eighty (180) days;

   H.   Any wetland impact; and

   I.   Any other activity of man that might change the direction, height or velocity of stormwater flowing through and from a property.

Development however does not include:

   A.   Maintenance and repair of existing buildings or facilities that is not considered a substantial improvement;

   B.   Repair or replacement of an existing parking lot outside the floodplain provided that no new impervious surfaces are added, there is no increase in peak flows, and there is no change in the location of the stormwater discharge;

   C.   Resurfacing of streets and highways outside the floodplain;

   D.   Resurfacing of publicly owned streets and highways within the floodplain provided the difference between the elevation of the road surface after resurfacing and the elevation of the road surface on the effective date hereof is not more than two inches (2");

   E.   For agricultural uses, maintenance of existing drainage systems for the limited purpose of maintaining cultivated areas and crop production; or

   F.   For agricultural uses and/or improvements undertaken pursuant to a written NRCS conservation plan, not located in a floodplain or floodway.

DRAINABLE WATER: Water that readily drains from soil under the influences of gravity.

DRAINAGE AREA: The land area above a given point that may contribute runoff flow at that point from rainfall.

DWELLING, MULTI-FAMILY ATTACHED: A building or portion thereof containing three (3) or more dwelling units that are attached to at least one other dwelling unit, not including lodging, hotels and motels.

DWELLING, SINGLE-FAMILY DETACHED: A dwelling containing one dwelling unit only and is not connected to any other dwelling unit.

DWELLING, TWO-FAMILY ATTACHED: A dwelling containing two (2) dwelling units attached to one another.

DWELLING UNIT: Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, cooking and eating.

EFFECTIVE DATE: Grundy County adopted date by the county board.

ELEVATION CERTIFICATE: A form published by FEMA used to certify the base flood elevation and the lowest elevation of usable space to which a building has been constructed.

EPHEMERAL STREAM: A stream whose bed elevation does not intersect the groundwater table and carries flow only during and immediately after a runoff producing rainfall event.

EROSION: The process whereby soil is detached by the action of water or wind.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed or buildings to be constructed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FEMA: The federal emergency management agency and its regulations at 44 CRF 9-79, effective September 29, 1989, as amended.

FPE OR FLOOD PROTECTION ELEVATION: The BFE plus two feet (2') of freeboard (or 3 feet of freeboard along the Illinois River and within its backwater zone) or 100-year design water surface elevation of any adjacent stormwater facility plus two feet (2') of freeboard, whichever is higher.

FQI OR FLORISTIC QUALITY INDEX: The parameter related to the number of native plant species present, as defined by Floyd Swink and Gerald Wilhelm in "Plants Of The Chicago Region", 4th edition (1994) or by Gerald Wilhelm and Linda Masters in "Floristic Quality Assessment And Application Computer Programs For The 22-County Chicago Region", conservation design forum (2000).

FARMED WETLANDS: Wetlands that have been identified as farmed wetlands as part of a certified wetland determination performed by the applicant's engineers according to "National Food Security Act Manual" methodology.

FLOOD: A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waves or the unusual and rapid accumulation of runoff of surface waters from any source.

FLOOD FREQUENCY: A frequency normally expressed as a period of years, based upon a percent chance of occurrence in any given year from statistical analysis during which a flood of a stated magnitude may be expected to be equaled or exceeded, as in the 2-year flood frequency has a fifty percent (50%) chance of occurrence in any given year and the 100-year flood frequency has one percent (1%) chance of occurrence in any given year.

FLOOD FRINGE: That portion of the floodplain outside of the designated floodway.

FLOOD INSURANCE RATE MAP: A map prepared by the federal emergency management agency that depicts the floodplain or special flood hazard area (SFHA) within a community. This map includes insurance rate zones and may or may not depict floodways and show base flood elevations.

FLOOD INSURANCE STUDY: An examination, evaluation and determination of flood hazards and, if applicable, corresponding water surface elevations.

FLOODPLAIN AND SPECIAL FLOOD HAZARD AREA (SFHA): These two (2) terms are synonymous. Those lands that are subject to a one percent (1%) or greater chance of flooding in any given year. The floodplains of the county are generally identified on the countywide flood insurance rate map of Grundy County prepared by the federal emergency management agency and dated August 2, 2012. Floodplain also includes those areas of known flooding as identified by the community.

FLOODPROOF: Any combination of structural and nonstructural additions, changes or adjustments to structures or property which reduce or eliminate flood damage to real estate, water and sanitary facilities, structures and their contents.

FLOODPROOFING CERTIFICATE: A form published by FEMA that is issued to certify that a building has been designed and constructed to be structurally dry floodproofed to the FPE.

FLOODWAY: That portion of the floodplain required to store and convey the base flood. The floodway for the floodplains of the Illinois River, Kankakee River, Des Plaines River, Mazon River, East Fork Mazon River and East Fork Mazon River Tributary and Aux Sable Creek, Nettle Creek, East Fork Nettle Creek, East Fork Nettle Tributary, Gooseberry Creek, West Fork Gooseberry Creek and Claypool Ditch shall be delineated on the countywide flood insurance rate map of Grundy County prepared by FEMA and dated August 2, 2012. The floodways for each of the remaining floodplains of Grundy County shall be according to the best data available from the federal, state, or other sources.

FLOODWAY CONVEYANCE: The measure of the flow carrying capacity of the floodway section and is defined using Manning's equation:

      K = (1.49/n)(AR)2/3

   Where:

   n = Manning's roughness factor

   A = The effective area of the cross section

   R = The ratio of the wetted area to the wetted perimeter

FREEBOARD: An increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, future watershed development, unknown localized conditions, wave actions and unpredictable effects such as those caused by ice or debris jams.

FUNCTIONAL: A facility performs its primary purpose but may not be completed.

GROUNDWATER: Water that is located within soil or rock below the surface of the earth.

GROUNDWATER CONTROL SYSTEM: A designed system which may consist of tiles, underdrains, french drains or other appropriate stormwater facilities whose purpose is to lower the groundwater table to a predictable elevation throughout the year.

HEMIMARSH: An isolated wetland dominated on the edges by tall emergent vegetation with an interior area of shallow open water.

HISTORIC STRUCTURE: A structure or site that is: a) listed individually in the national register of historic places, or predominantly determined by the secretary of the interior as meeting the requirements for individual listing in the national register; b) certified or preliminarily determined by the secretary of the interior as contributing to a historic district or a district determined by the secretary to qualify as registered historic district; c) individually listed on the state inventory of historic places by the Illinois historic preservation agency; or d) individually listed on a local inventory of historic places that has been certified by the Illinois historic preservation agency.

HYDRAULICALLY CONNECTED IMPERVIOUS AREA: Those areas of concrete, asphalt and gravel that, along with building roof surfaces, convey flows directly to an improved drainage system consisting of storm sewers or paved channels and includes roadways drained by curb and gutter and storm sewers and driveways hydraulically connected to those roadways, but does not include roof surfaces which discharge to unpaved surfaces which absorb and filter stormwater runoff nor roadways whose primary conveyance is through open ditches and swales.

HYDRAULICALLY EQUIVALENT COMPENSATORY STORAGE: Compensatory storage either adjacent to the floodplain fill or not located adjacent to the development but which can be shown by hydrologic and hydraulic analysis to be equivalent to compensatory storage located adjacent to the development.

HYDRAULICS: The science and study of the mechanical behavior of water in physical systems and processes.

HYDROGRAPH: A graph or tabulation showing flow rate with respect to time for a given location on a channel or conduit.

HYDROLOGICALLY DISTURBED: An area where the land surface has been cleared, grubbed, compacted or otherwise modified that changes runoff, volumes, rates or direction.

HYDROLOGY: The science of the behavior of water, including its dynamics, composition and distribution in the atmosphere, on the surface of the earth and underground.

IDNR-OWR: The Illinois department of natural resources, office of water resources, or its duly authorized designee.

IMPERVIOUS SURFACE: Any manmade, hard surfaced area that does not readily permit the infiltration and absorption of stormwater runoff, including, but not limited to, roofs, roads, drives, parking lots, sidewalks, path and graveled areas.

INFILTRATION: The passage or movement of water into the soil surface.

INTERIM WATERSHED PLAN: A regional study of a specific watershed that does not address the entire range of purposes, goals and objectives outlined in the plan.

INTERMITTENT STREAM: A stream whose bed intersects the groundwater table for only a portion of the year on average or any stream that flows continuously for at least one month out of the year, but not the entire year.

ISOLATED WETLANDS: A wetland that does not have an identifiable surface water connection to other waters of the U.S.

LOMA OR LETTER OF MAP AMENDMENT: The official determination by FEMA that a specific structure is not in a regulatory floodplain and amends the effective FIRM.

LOMR OR LETTER OF MAP REVISION: FEMA's modification to an effective flood insurance rate map (FIRM). LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the SFHA. The LOMR officially revises the FIRM, and sometimes the flood insurance study (FIS) report, and, when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report.

LAKE: A body of water two (2) or more acres in size which retains water throughout the year.

LINEAR WATERS OF THE U.S.: Wetlands along creeks, streams, rivers, ponds, lakes or impoundments that are hydraulically connected to surface water.

LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this section 8-4-5.

MAJOR STORMWATER SYSTEM: That portion of a stormwater facility needed to store and convey runoff at the one hundred (100) year frequency.

MASS GRADING: Development in which the primary activity is a change in topography affected by the movement of earth materials.

MINOR STORMWATER SYSTEM: All infrastructure including curb and gutter, storm sewers, culverts, roadside ditches, subsurface drainage systems intended to convey stormwater runoff at the one hundred (100) year frequency.

MITIGATION: Measures taken to offset negative impacts from development in waters of the U.S. including wetlands or the floodplain.

MOBILE HOME (Also Recognized As A MANUFACTURED HOME): A structure designed for permanent habitation, and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of construction to the location, or subsequent locations, at which it is intended to be a permanent home, and designed to permit the occupancy thereof as a dwelling place for one or more persons.

MOBILE HOME PARK: A lot, parcel or tract of land developed with facilities for accommodating two (2) or more mobile homes, provided each mobile home contains a kitchen, flush toilet, and shower or bath; and such park shall be for use only by nontransient dwellers remaining continuously for more than one month, whether or not a charge is made. It shall not include a sales lot in which automobiles or unoccupied mobile homes or other trailers are parked for the purpose of inspection or sale, except mobile homes located on a site in the mobile home park which is occupied or vacant for not more than ninety (90) days after occupancy may be sold or offered for sale.

MOTTLED ZONE: A layer that is marked with spots or blotches of different color or shades of color. The pattern of mottling and the size, abundance and color contrast of the mottles may vary considerably and should be specified in soil description.

MUNSELL COLOR SYSTEM: A color designation system that specifies the relative degrees of the three (3) simple variables of color: hue, value and chroma. For example: 10YR is a color of soil with a hue of 10YR, value = 6 and chroma = 4.

NFIP OR NATIONAL FLOOD INSURANCE PROGRAM: The federal program codified in title 44 of the code of federal regulations.

NRCS: The United States department of agriculture, natural resources conservation service.

NET BENEFIT IN WATER QUALITY: The institution of best management practices as part of a development that when compared to the predevelopment condition can be judged to reduce downstream sediment of pollutant loadings.

NET WATERSHED BENEFIT: A finding that, when compared to the existing condition, the development will substantially reduce (more than 10 percent) downstream peak discharges, will reduce downstream flood stages (more than 0.1 feet), or will reduce downstream damage to structures occurring in the predevelopment condition. This finding must be demonstrated by detailed hydrologic and hydraulic analysis of watersheds on a regional scale, as approved by the administrator.

NEW CONSTRUCTION: Structures for which the start of construction commenced after the effective date of floodplain management regulations adopted by a community and includes any subsequent improvements of such structures.

NONRIVERINE: Areas such as isolated depressional storage areas, ponds and lakes.

NUISANCE FLOW: Primarily a dry weather flow resulting from groundwater pumped by individual sump pumps and other human activities not directly related to rainfall events and surface runoff.

OHWM OR ORDINARY HIGH WATER MARK: The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

OBSERVATION STRUCTURES: Structures built on a field tile where the pipe inflow and outflow is visible upon removal of a lid.

OPEN CHANNEL: A conveyance system with a definable bed and banks carrying the discharge from field tiles and surface drainage, but does not include grassed swales within farm fields under agricultural production which are ephemeral in nature.

OPEN WATER: Surface water in lakes, ponds, impoundments and wetlands devoid of vegetative cover.

OVERLAND FLOW PATH: A design feature of the major stormwater system which carries flow in excess of the minor stormwater system design capacity in an open channel or swale, or as sheet flow or weir flow over a feature designed to withstand the particular erosive forces involved.

PARCEL: A separate tract of land identified by its own legal description.

PERENNIAL STREAM: A riverine watercourse whose thalweg intersects the groundwater table continuously and flows throughout the year.

PERMITTING AUTHORITY: The community having jurisdiction under this section 8-4-5 to issue permits.

PERSON: An individual, partnership, corporation, limited liability company, unincorporated association, trust, municipal corporation, unit of local government or other government agency or authority, or any combination of any of the foregoing.

PLANT COMMUNITIES: Groups of plants with similar habitat requirements and planting regimes.

POND: A body of water less than two (2) acres in size which retains a normal water level year round.

PRIMARY GRAVITY OUTLET: The outlet structure designed to meet the release rate requirements of this section 8-4-5, the invert (lowest elevation) of which shall be considered the high water elevation for required stormwater retention.

PROFESSIONAL ENGINEER: An engineer registered in the state of Illinois under the Illinois professional engineering practice act of 1989, 225 Illinois Compiled Statutes 325/1 et seq.

PROFESSIONAL LAND SURVEYOR: A land surveyor registered in the state of Illinois under the Illinois professional land surveyor act of 1989, 225 Illinois Compiled Statutes 330/1 et seq.

PUBLIC FLOOD EASEMENT: An easement acceptable to the appropriate jurisdictional body that meets the regulations of IDNR-OWR, the department and the community and provides legal assurances that all areas subject to flooding in the created backwater of the development will remain open to allow flooding.

RECORD DRAWINGS: Drawings prepared, signed and sealed by a professional engineer or professional land surveyor representing the final record of the actual in place elevations, locations of structures and topography.

RECREATIONAL VEHICLE OR TRAVEL TRAILER: A vehicle which is:

   A.   Built on a single chassis.

   B.   Four hundred (400) square feet or less in size.

   C.   Designed to be self-propelled or permanently towable by a light duty truck and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REDEVELOPMENT: Development on a developed site devoted to an existing urban land use that the stormwater from which discharges into an existing stormwater facility either owned or maintained by a unit of local government, or discharges directly onto a regulatory floodplain; redevelopment includes the widening of an existing street or highway owned by a unit of local government.

REGISTERED STRUCTURAL ENGINEER: An engineer licensed under the Illinois structural engineering practice act of 1989, 225 Illinois Compiled Statutes 340/1 et seq.

REPETITIVE LOSS: Flood related damages sustained by a structure on two (2) separate occasions during a ten (10) year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty five percent (25%) of the market value of the structure before the damage occurred.

RESTRICTIVE BRIDGE OR CULVERT: A bridge or culvert that crosses a floodplain and cannot convey the base flood without causing increases in the upstream flood profile.

RETENTION FACILITY: A facility which stores stormwater runoff without a gravity release.

RIVERINE: Related to, formed by or resembling a channel and includes creeks and rivers.

RUNOFF: The waters derived from melting snow or rain falling within a tributary drainage basin that exceeds the infiltration capacity of the soils of that basin.

SEASONAL HIGH GROUNDWATER TABLE: The upper limits of the soil temporarily saturated with water, being usually associated with spring wetness conditions which may be indicated by soil mottles with a Munsell color of 2 chroma or less.

SEDIMENTATION: The process that deposits hydraulically moved soils, debris and other materials on other ground surfaces or in bodies of water or stormwater drainage systems.

SEDIMENTATION TRAP: A structure or area that allows for the temporary deposit and removal or disposal of sediment materials from stormwater runoff.

SEEPAGE: The movement of drainable water through soil and rock.

SITE: All of the land contemplated to be part of a coordinated development of one or more parcels.

SITE RUNOFF STORAGE FACILITY: A manmade structure for the temporary storage of stormwater runoff (detention) with a controlled release rate.

SPECIAL MANAGEMENT AREA: An area which consists of a floodplain, regulatory floodplain, wetland, wetlands mitigation area, stream, river or other water body.

START OF CONSTRUCTION: Includes substantial improvement and means date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement, was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a 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 placement of a manufactured home on a foundation. For a substantial improvement, actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building whether or not that alternation affects the external dimensions of the building.

STORMWATER FACILITY: All ditches, channels, conduits, bridges, culverts, levees, ponds, natural and manmade impoundments, wetlands, riparian environment, tile, swales, sewers or other natural or artificial structures or measures which serve as a means of draining or storing surface water and groundwater from land.

STORMWATER MANAGEMENT PERMIT: The permit issued under section 8-4-5-11 of this chapter.

STRUCTURE: A manmade change to the land, constructed on or below the ground, including the construction, reconstruction or placement of a building or any addition to a building.

SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cumulative percentage of damage equals or exceeds fifty percent (50%) of the market value of the structure before the damage occurred regardless of actual repair work performed. Volunteer labor and materials must be included in this determination. This term includes structures which have incurred repetitive loss damages.

SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition or improvement of a structure taking place subsequent to the adoption of this section 8-4-5 in which the cumulative percentage of improvements:

   A.   Equals or exceeds fifty percent (50%) of the market value of the structure before the improvement or repair is started, or

   B.   Increases the floor area by more than twenty percent (20%).

"Substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred repetitive loss or substantial damage, regardless of the actual repair work done.

The term does not include:

   A.   Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or

   B.   Any alteration of a structure listed on the national register of historic places or the Illinois register of historic places, provided that the alteration does not preclude the structure's continued historic designation.

SUBSURFACE DRAINAGE: The removal of excess soil water to control water table levels at predetermined elevations for structural, environmental or other reasons in areas already developed or being developed for agricultural, residential, industrial, commercial or recreational uses.

SURFACE GRAVITY OUTLET: The point at which stormwater runoff is let out of a basin or depression by flowing via gravity over the surface of the ground or through a conduit that has a direct and open connection to the surface.

TECHNICAL MANUAL: The manual adopted by Grundy County which refers to this section 8-4-5 and provides additional explanations and examples to be used by developers and enforcement organizations.

THALWEG (Also Known As A VALLEY LINE): The line that is drawn to join the lowest points along the entire length of a streambed or valley in its downward slope defining its deepest channel.

TOPSOIL: The uppermost part of the soil ordinarily moved in tillage, or its equivalent in uncultivated soils.

TRANSITION SECTION: The reaches of the stream or floodway where water flows from a narrow cross section, or where water is directed into a narrow portion of a stream.

USABLE SPACE: Space used for dwelling, storage, utilities or other beneficial purposes and includes basements.

VIOLATION: The failure of a structure or other development to be in full compliance with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance is presumed to be in violation until such time as that documentation is provided.

WATER TABLE: The upper limit of a free water surface in a saturated soil or underlying material.

WATERS OF THE U.S.: All interstate and intrastate waters and their tributaries including lakes, rivers, streams including intermittent stream, mudflows, sandflats, wetlands, sloughs, prairie potholes, wet meadows, lakes, natural ponds and all impoundments of the foregoing.

WATERSHED: All land drained by, or contributing water to the same stream, lake, stormwater facility or draining to a point.

WATERSHED CHARACTERISTICS: The land use, physiology, habitat, climate, drainage system and community profile of a watershed.

WATERSHED PLAN: A study and evaluation of an individual drainage basin's stormwater management, floodplain management, water quality and flood control needs capabilities adopted by Grundy County.

WETLAND: Defined by COE in the "1988 Corps Of Engineers Wetland Delineation Manual, Technical Report Y-87-1", U.S. army engineers waterways experiment station, Vicksburg, Mississippi (the "1987 manual"), or other federally recognized methodology.

WETLAND IMPACT: A. The dredging or filling of any wetland having an FQI greater than 25; or

   B.   The dredging or filling of any other wetland if:

      1.   The effect would be that cumulatively, since the effective date hereof, 0.10 acre (4,356 square feet) or more of the wetlands on the site have been dredged or filled and taking into account all prior dredging or filling of such wetland; and

      2.   Such wetland is not then regulated by COE; or

      3.   Such dredging or filling is not an approved impact under a conservation plan administered by any federal agency under the food security act, as amended (16 USC section 3801 et seq.).

WETLAND MITIGATION: The creation and long term maintenance of wetlands to offset wetland impacts from development.

WETLAND MITIGATION BANK: One or more parcels in Grundy County either approved by COE or the administrator of this plan, where wetlands and/or other aquatic resources are restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources.

WETLAND MITIGATION FACILITY: A parcel in Grundy County specifically dedicated for the creation and long term maintenance of wetlands and other aquatic resources including any area designated as a compensatory storage facility when such area is used for wetland mitigation. (Ord. 2016-003, 3-8-2016)

All developments shall meet the requirements of sections 8-4-5-8-1, 8-4-5-8-2, and 8-4-5-8-3 of this chapter. (Ord. 2016-003, 3-8-2016)

Developments shall comply with section 8-4-5-8-4 of this chapter after the effective date hereof if:

   A.   Two (2) or more single-family detached dwellings are to be constructed on a site having five (5) or more acres;

   B.   A two-family attached, multi-family attached dwelling, condominium, apartment or other residential building comprised of more than two (2) units is to be constructed on a site one acre or more in size;

   C.   Any nonresidential development on a site one acre or more in size, unless such development consists solely of the installation, repair or replacement of the underground or overhead lines of a public utility within a public right of way;

   D.   Redevelopment on a site one acre or more in size resulting in twenty five thousand (25,000) square feet or more of additional impervious area in aggregate from the effective date hereof; or

   E.   Road development after the effective date hereof in rights of way under the ownership or control of a unit of local government resulting in two (2) acres or more of additional impervious area; or

   F.   The repair or replacement of an existing parking lot or privately owned road within the floodplain results in any additional impervious surface, an increase in peak flows, a change in the location of the stormwater discharge, or an increase in the elevation of the parking or driving surface. (Ord. 2016-003, 3-8-2016)

The developer of a redevelopment may ask that a fee in lieu of site runoff storage be approved under section 8-4-5-19 of this chapter and that the requirements of subsection 8-4-5-8-4F of this chapter be waived if:

   A.   The drainage plan will not increase peak discharges from the site, nor change the existing conveyance of off site flow; and

   B.   The drainage plan provides a net benefit in water quality compared to the existing development. (Ord. 2016-003, 3-8-2016)

The developer of a development consisting only of mass grading may ask that a fee in lieu of site runoff storage be approved under section 8-4-5-19 of this chapter if:

   A.   There is no net increase in impervious surfaces; and

   B.   No structure is constructed, reconstructed or improved; and

   C.   The quality of site runoff is improved. (Ord. 2016-003, 3-8-2016)

No development shall result in any new or additional expense to any person other than the developer for flood protection; or increase flood elevations or decrease flood conveyance capacity upstream or downstream of the area under the ownership or control of the developer. This requirement shall not prohibit the removal or reduction of built obstructions to flow, such as increasing culvert capacity or lowering roadway elevations. (Ord. 2016-003, 3-8-2016)

   A.   Stormwater Facilities For The Development: Analysis and design of all stormwater facilities for the development shall comply with the standards and criteria established in any applicable watershed plan or interim watershed plan and are consistent with the technical manual.

   B.   Facilities Within Hazardous Wildlife Separation Zone: Analysis and design of all stormwater facilities located within the hazardous wildlife separation zone as defined by the wildlife hazard assessment (herein referred to as the Morris Municipal Airport and as amended from time to time) shall comply with the requirements established by the assessment included in subsection 8-4-5-21A, "Appendix A; Watershed Boundaries", of this chapter. When the analysis and design of the facility conflicts with the requirements that are listed in the assessment, the provisions in the assessment shall prevail.

   C.   Building Permits: Stormwater facilities shall be functional before building permits are issued for residential or nonresidential subdivisions. The administrator of the plan may make the determination that building permits may be granted prior to the facilities being functional based on sound engineering.

   D.   Overland Flow Paths: The development shall have an overland flow path 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 twenty (20) acres, a storm sewer pipe and inlet sized for the base flood may be constructed in lieu of providing an overland flow path. Overland flow paths internal to the site shall be considered as part of the major stormwater system and shall be designed for conveyance of the base flood (critical duration) without use of storm sewer capacity at a minimum of one cubic foot per second per tributary acre, and without damage to structures.

   E.   Protection Of Buildings: All usable space in new buildings or additions to existing buildings hydraulically connected to a major stormwater system, site runoff storage facility or overland flow path shall be elevated, floodproofed or otherwise protected to the FPE.

   F.   Depressional Storage: The function of existing on site depressional storage shall be preserved for both on site and off site tributary flows in addition to required detention. When depressional storage is removed it must be compensated for in the site runoff storage facility at a one to one (1:1) ratio provided that off site areas tributary to the existing depressional storage are routed through the site runoff storage facility. This requirement is in addition to the site runoff storage required in section 8-4-5-8-4 of this chapter. The administrator may allow the function of depressional storage to be preserved if the applicant performs detailed pre- and post-project hydrologic and hydraulic modeling to identify the effect of the depressional storage on discharges using a two (2) year through one hundred (100) year critical duration analysis. (Ord. 2016-003, 3-8-2016)

   A.   Stormwater facilities shall be required and designed so that runoff exits the site at the point where it exited prior to development (unless a change is required and approved in writing by the administrator) and in a manner so as not to increase flood damage downstream. Concentrated discharges from new developments must enter conveyance systems capable of carrying the design flow rate without increasing flood damage, erosion or maintenance costs downstream.

   B.   Minor stormwater systems shall be sized to convey runoff from the tributary watershed under fully developed conditions consistent with the design requirement of the permitting authority.

   C.   Major stormwater systems shall be sized to carry the base flood without causing additional flood damage.

   D.   Stormwater systems shall properly incorporate and be compatible with existing subsurface and surface discharge systems including agricultural systems. Designs shall not cause new or increased damage to existing drainage systems or to existing adjacent or tributary agricultural land uses.

      1.   Off Site Outfall: Agricultural subsurface and surface drainage systems shall be evaluated with regard to their capacity and capability to properly convey low flow groundwater and site runoff storage facility release without new or increased damage to downstream structures and land uses. If the outfall drain tile and surface drainage systems prove to be inadequate to handle the design release rate, one of the following solutions shall be used:

         a.   The site stormwater system and off site outfall shall be designed so that it does not exceed the existing capacity of the downstream drainage system, or

         b.   Modify the existing systems or construct new systems which will not conflict with the existing systems and will not impact existing land uses, or

         c.   Alternate solutions may be submitted to the administrator for approval.

      2.   On Site: Agricultural drainage systems shall be located and evaluated. All existing on site agricultural drain tiles not serving a beneficial use shall be abandoned by trench removal prior to other development and recorded on engineering details for the project. If any existing drain tiles continue to drain upland watersheds the developer must maintain drainage service during construction until new storm sewers can be installed for a permanent connection.

      3.   Off Site Tributary: Existing drainage systems shall be evaluated with regard to existing capabilities and reasonable future expansion capacities. All existing tributary drain tiles shall be incorporated into the new stormwater system that includes observation structures located at the limits of the site and shall provide a free flow discharge. Agricultural tributary surface conveyance shall be accepted by the new development with consideration given to the water quality and the ability to filter out sediment.

      4.   Preservation Of Existing Systems: New roadway construction shall preserve existing subsurface systems within the right of way. Inspection wells shall be placed in the right of way and tiles found not to be flowing between inspection wells at the end of construction shall be replaced.

   E.   Design runoff rates shall be calculated using event hydrograph methods. Acceptable event hydrograph methods are HEC-HMS, HEC-1 (SCS runoff method), and TR-20 or TR-55 tabular method. Event methods must incorporate the assumptions contained in this section 8-4-5. Design runoff rates for minor stormwater systems may be calculated using the rational method if the design watershed is less than twenty (20) acres.

   F.   Any design runoff rate calculation method shall use bulletin 70 northeast sectional rainfall statistics and shall calculate flow from all tributary areas upstream of the point of design. Peak discharges for conveyance design purposes shall be based on the critical duration considering the appropriate rainfall distribution.

   G.   Major and minor stormwater systems shall be located within easements or rights of way explicitly providing for government access or maintenance of such facilities by the grantee. New facilities constructed off site pursuant to subsection D of this section need not comply with this requirement.

   H.   Maximum flow depths for new transverse stream crossing shall not exceed one foot (1') at the crown of the road during the base flood condition. The maximum longitudinal flow depth on a roadway shall not exceed six inches (6") at the crown for flow depth (in feet) and velocity (in feet per second) shall not exceed four feet (4') per second for the base flood condition.

   I.   Transfers of waters between watersheds (diversions) shall be prohibited except when such transfers will not violate the provisions of section 8-4-5-8-1 of this chapter and are otherwise lawful. Watersheds for the purposes of this section shall be the major watershed divides as shown approximately in subsection 8-4-5-21A, "Appendix A; Watershed Boundaries", of this chapter. Exact watershed boundaries for a site nearby a boundary shall be determined based on actual site topography.

   J.   Developments shall incorporate best management practices in accordance with the clean water act (33 USC section 1251 et seq., as amended) and as required by the IEPA's national pollutant discharge elimination system (NPDES) permit program. (Ord. 2016-003, 3-8-2016)

   A.   Calculations Based On Area: The area of hydrological disturbance on the site shall be used to calculate the required site runoff storage volume. The tributary area of the site at the point of discharge shall be used to calculate the allowable release rates of the primary restrictor for the site runoff storage facility.

   B.   Site Runoff Storage Volume: Unless a more restrictive allowable release rate has already been established by a watershed plan or interim watershed plan, the site runoff storage volume required shall be calculated based on maximum release rates of 0.15 cubic feet per second per acre for the 100-year, 24-hour storm event and 0.04 cubic feet per second per acre for the 2-year, 24-hour storm event according to methods identified in subsection C of this section.

   C.   Routing Methods: Event hydrograph routing methods such as HEC-1, HEC-HMS, and TR-20 or TR-55 tabular method using SCS curve number methodology shall be used to calculate design runoff volumes for site runoff storage facilities. Event methods shall incorporate the following assumptions:

      1.   Antecedent moisture condition equals two (2);

      2.   Appropriate Huff rainfall distribution except that SCS type II distribution is acceptable with TR-55 tabular method only; and

      3.   24-hour duration storm with a one percent (1%) probability (100-year) of occurrence in any one year as specified by bulletin 70 northeast sectional rainfall statistics.

   D.   Release Rate: For sites where the undeveloped release rate is less than the maximum release rate in subsection B of this section, the developed release rate and corresponding site runoff storage volume shall be based on the existing undeveloped release rate for the development site.

   E.   Hydraulic Computations: Hydraulic computations for the release structure must assume backwater conditions up to the 10-year flood elevation on the adjacent receiving watercourse.

   F.   Retention Requirement:

      1.   The runoff from a 0.75 inch rainfall event over the hydraulically connected impervious area of a new industrial, commercial or multi-family 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 evapotranspiration or infiltration of this volume into a subsurface drainage system and shall not be conveyed through a direct positive connection to downstream areas. Retention will not be required if a site runoff storage facility falls within the hazardous wildlife separation zone as defined by the wildlife hazard assessment for the Morris Municipal Airport (as amended from time to time).

      2.   The hydraulically connected impervious area used in the calculation of required retention volume may be reduced by the administrator if the soils are undisturbed in situ or prepared to maximize infiltration and deep rooted grasses or other plants that assist in the promotion of infiltration and transpiration are planted in areas appropriately dedicated. The reduction in hydraulically connected impervious area used in the calculation shall be equal to the area of the development meeting the above soils/planting requirement.

      3.   Subsurface drainage systems may be designed as a component of the retention portion of the site runoff storage basin to assist in infiltration in accordance with the following criteria:

         a.   No such subsurface drainage pipe shall be located within ten feet (10') of drainage pipes directly connected to the site runoff storage basin;

         b.   For purposes of meeting the maximum subsurface drainage requirements, flow control orifices and weirs may be incorporated into the design; and

         c.   The design shall be consistent with the methodologies and intent of the Grundy County "Stormwater Technical Manual" (hereafter referred to as the technical manual).

   G.   Characteristics Of Facilities: Site runoff storage facilities shall be designed and constructed with the following characteristics:

      1.   At least one foot (1') of freeboard above the 100-year design water surface elevation shall be required within the storage facility.

      2.   Storage facilities shall be accessible and easily maintained.

      3.   All design site runoff storage volume shall be provided above the seasonal high groundwater table or the invert elevation of the groundwater control system.

      4.   Storage facilities shall be designed to control sediment and floating debris. Unless specifically approved by the administrator, concrete lined low flow ditches shall not be used in site runoff storage basins.

      5.   Storage facilities shall minimize the negative impacts of stormwater runoff into the water quality by incorporating best management practices in the design of the facilities.

      6.   Storage facilities shall maximize the distance between site runoff storage inlets and outlets to the extent possible.

      7.   Storage facilities shall be designed so as not to exceed the existing predevelopment peak runoff rate of the 100-year critical duration rainfall when the primary restrictor is assumed to be blocked.

      8.   Storage facilities with single pipe outlets shall have a minimum inside diameter of twelve inches (12"). If design release rates necessitate a smaller outlet to be constructed perforated risers or flow control orifices shall be used to prevent smaller openings from clogging.

   H.   Storage Facilities: Storage facilities located within the regulatory floodplain shall:

      1.   Comply with section 8-4-5-10 of this chapter; and

      2.   Store the required amount of site runoff to meet the release rate requirement under all stream flow and backwater conditions up to the 10-year flood elevation on the adjacent receiving watercourse. The administrator may approve designs which can be substantiated through hydrologic and hydraulic engineering analysis to provide a new watershed benefit not otherwise realized by strict application of the requirements set forth in this subsection.

   I.   Facility Requirements: Storage facilities located within the regulatory floodway will be allowed only as a variance and shall: 1) meet the requirements for locating storage facilities in the regulatory floodplain; and 2) be evaluated by performing hydrologic and hydraulic analysis consistent with the standards and requirements for watershed plans; and 3) provide a net watershed benefit.

   J.   Requirements For Off Site Locations: Site runoff facilities may be located off site if: 1) the off site storage facility meets all of the requirements of this section 8-4-5; and 2) adequate storage capacity in the off site facility is dedicated to the development; and 3) the development includes a means to convey stormwater within an easement to the off site storage facility.

   K.   Enlarging Storage Allowed By Variance: Site runoff storage volume provided by enlarging existing regulatory floodplain storage (on stream runoff storage) will be allowed only as a variance. The applicant must demonstrate that flood damage will not be increased and the development will not increase flood flows for both the 2-year and 100-year floods.

   L.   Structures Built Across Channel: Structures built across the channel to impound water to meet site runoff storage requirements shall be prohibited on any perennial stream unless part of a public flood control project with a net watershed benefit. Those streams appearing as blue on a USGS quadrangle map shall be assumed to be perennial unless better data is provided by the developer. In all cases, it must be demonstrated that all such structures will not cause short term or long term instability and that they are permitted under a joint application to the IDNR, COE and IEPA. Where such facilities are approved the applicant must also comply with subsection F of this section. (Ord. 2016-003, 3-8-2016)

   A.   Erosion and sediment control planning shall be part of the initial site planning process. In planning the development of the site, the applicant shall consider the sensitivity of existing soils to erosion and topographical features such as steep slopes, stream corridors and special management areas which must be protected to reduce the amount of erosion and sediment that may occur. Where appropriate, existing vegetation shall be protected from disturbance during construction by fencing or other means. In the planning process the applicant shall also address the following:

      1.   For projects that involve phased construction, existing land cover for those areas not under current development shall be addressed. If existing land cover does not consist of appropriate dense vegetation then these phases shall be planted temporarily to reduce erosion from idle land.

      2.   In planning the erosion and sediment control strategy, preference shall be given to reducing erosion rather than controlling sediment. In order to accomplish this, details need to be provided that include the construction sequence of the phases such that the amount of land area exposed to erosive forces is minimum for the completion of the project.

   B.   Standards and specifications for erosion and sediment control measures shall be in accordance with the latest edition of the "Illinois Urban Manual". Erosion and sediment control planning shall be in accordance with the current "Procedures And Standards For Urban Soil Erosion And Sedimentation Control In Illinois" and current "Green Book" chapter 1 through 5 written by the Northeastern Illinois soil erosion and sedimentation control steering committee. If there is a conflict between the "Illinois Urban Manual" and the "Green Book", the "Illinois Urban Manual" shall prevail.

   C.   The runoff from disturbed areas shall not leave the site without first passing through a sediment control device or measure. This requirement shall apply to all phases of the construction project and shall include an ongoing process of implementation of measures and maintenance of those measures.

   D.   In the hydraulic and hydrologic design of major erosion control measures for tributary drainage areas greater than three (3) acres, such as sediment basins, traps and diversions, the design frequency shall be commensurate with the risk of the design event being exceeded. The following design frequencies shall be regarded as minimum for construction periods as described below:

      1.   If development is estimated to be completed in less than six (6) months, the storm event having a fifty percent (50%) chance (2-year event) of being exceeded in any year shall be used for design purposes.

      2.   If development is estimated to be completed in more than six (6) months but less than one year, the design frequency for major sediment basins shall be a rainfall event with a twenty percent (20%) chance (5-year event) of being exceeded in any one year.

      3.   If development is estimated to take more than one year to complete, major sediment basins shall be designed for a rainfall event with a ten percent (10%) chance (10-year event) of being exceeded in any one year.

      4.   All sediment basins shall be designed for a minimum residence time of ten (10) hours for detained runoff and shall include a volume for sediment storage reflective of the clean out schedule for the basin.

   E.   The erosion and sediment control plan shall designate a series of practices which shall be implemented either at the direction of the applicant, the applicant's on site representative, or upon notification by the administrator if an inspection of the site indicates a deficiency in soil and sediment erosion control measures. At a minimum, these measures shall include: 1) sediment basins; 2) sediment traps; 3) diversion swales; 4) silt fences; 5) temporary seeding; 6) mulching; 7) erosion control blankets; 8) energy dissipation devices; 9) inlet protection; and 10) stabilize construction entrance.

   F.   The area of disturbance on site at any one time shall be limited to twenty (20) acres. An additional twenty (20) acres (a maximum of 40 acres of disturbance at any 1 time) may be disturbed if necessary to balance out and fill on site. The administrator may approve a larger area of disturbance pursuant to a plan for phased construction or after development has begun, if the developer adequately demonstrates the need. Therefore the administrator may approve the larger area of disturbance if he/she finds: that adequate temporary and permanent erosion and sediment control measures can be maintained; and that the area of disturbance is the smallest practical area consistent with the intent to limit disturbed area; and the design will minimize the risk of sediment being introduced into the site runoff and being carried off site. No additional area may be disturbed without the permission of the administrator until the previously disturbed areas have been temporarily or permanently stabilized. All disturbed areas shall be stabilized within fourteen (14) days of the final grading or when left idle for more than seven (7) days. Maintained haul roads and the area of sediment basins, site runoff storage facilities, utility corridors having a maximum width of twenty feet (20') and any permanently stabilized areas are excluded from this limitation.

   G.   Erosion and sediment control plans shall be in accordance with this section 8-4-5 and shall include the following:

      1.   Detailed construction phasing plan identifying erosion and sediment control measures to be in place for each phase shall be provided.

      2.   Erosion and sediment control measures are to be installed initially prior to stripping existing vegetation or mass grading. Details of this shall be provided on the plans.

      3.   Permanent stabilization measures shall be identified as such.

      4.   The expected 2-year and 10-year runoff rates from all off site areas draining into the site shall be identified on the plan.

      5.   Methods for conveying flows through the site during construction shall be indicated. These methods shall include the temporary and permanent stabilization measures to be used to reduce velocity and erosion from flow through the construction zone.

      6.   A maintenance schedule of each measure used shall be indicated on the plan. As a minimum, all erosion and sediment control measures on site shall be inspected weekly by the applicant or the applicant's on site representative or after a one-half inch (1/2") or greater rainfall event and any required repairs shall be made to keep these measures functional as designed.

      7.   Special management areas and any required buffers shall be indicated on the erosion and sediment control plan.

   H.   To the extent practicable, proposed ditches and waterways which are to convey off site flows through the site shall be stabilized upon construction. Where new waterways are constructed they shall be stabilized to the extent practicable prior to their use to convey flood flows.

   I.   Stockpiles of soil and other building materials (sand, limestone, etc.) shall not be placed in special management areas or required buffers. If a stockpile is to remain in place for more than three (3) days, erosion and sediment control shall be provided.

   J.   Storm sewer inlets shall be protected with sediment trapping and/or filter control devices during construction.

   K.   Water pumped or which is otherwise discharged from the site during construction dewatering shall be filtered and a means provided to reduce erosion.

   L.   Graveled roads, access drives, parking areas with sufficient width and length and vehicle wash down facilities if necessary, shall be provided to prevent soil from being tracked onto public or private roadways. Any soil tracked onto a public or private roadway shall be removed before the end of each workday or sooner as directed by the authority maintaining the roadway.

   M.   Temporary stream crossings of intermittent and perennial streams used only for and during construction shall be designed to convey a 2-year flood minimum, without overtopping unless a more frequent design event is allowed by the administrator and will not obstruct the portion of the channel carrying the base flow. The entire crossing shall be designed to withstand hydrodynamic and erosive forces up to the base flood event without washing out. Ephemeral streams shall be crossed at temporary at grade crossings provided that the crossing point is stabilized with materials resistant to the erosive forces produced by runoff from the upstream drainage area and the design is approved by the administrator. All temporary stream crossings shall be completely removed and the stream restored to its preconstruction condition upon completion of construction. Restoration shall incorporate appropriate native vegetation. (Ord. 2016-003, 3-8-2016)

Nothing in this section 8-4-5 purports to alter or affect the regulatory program that is administered by the IDNR-OWR. Anything in this section 8-4-5 to the contrary notwithstanding, if under the rules and regulations administered by IDNR-OWR a submittal, review, approval, or need not to be made to IDNR-OWR. Nothing in this section 8-4-5 shall be construed to impose a requirement that such a submittal be made or that such a review, approval or permit be obtained from IDNR-OWR. Similarly, if IDNR-OWR has delegated its regulatory authority to another entity, then anything in this section 8-4-5 to the contrary notwithstanding, if required by such entity, such submittal shall be made or such review, approval or permit shall be obtained from such entity. (Ord. 2016-003, 3-8-2016)

Development qualifying for any of the self-issuing statewide permits administered by IDNR-OWR (statewide permits nos. 1 through 14) is similarly permitted under this section 8-4-5-10. All other provisions of this section 8-4-5 applicable to such development, however, continue to apply. (Ord. 2016-003, 3-8-2016)

   A.   Purposes: Flood management accomplishes the following purposes:

      1.   To prevent unwise developments from increasing flood or drainage hazards to others;

      2.   To protect new buildings and major improvements to buildings from flood damage;

      3.   To promote and protect the public health, safety, and general welfare of the citizens from the hazards of flooding;

      4.   To lessen the burden on the taxpayer for flood control, repairs to public facilities and utilities, and rescue and relief operations;

      5.   To maintain property values and a stable tax base by minimizing the potential for creating blight areas;

      6.   To make property values and a stable tax base by minimizing the potential for creating blight areas; and

      7.   To preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and storm water impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, and provide aesthetic enhancement to the area.

   B.   Preventing Increased Flood Heights And Resulting Damages: Within the floodway identified on the flood insurance rate map, and within all other floodplains where a floodway has not been delineated, the following standards shall apply:

      1.   Except as provided in subsection B2 of this section, no development shall be allowed which, acting in combination with existing and anticipated development, will cause any increase in flood heights or velocities or threat to public health and safety. The following specific development activities shall be considered as meeting this requirement:

         a.   Bridge and culvert crossings of streams in rural areas meeting the conditions of the IDNR/OWR statewide permit no. 2.

         b.   Barge fleeting facilities meeting the conditions of IDNR/OWR statewide permit no. 3;

         c.   Aerial utility crossings meeting the conditions of IDNR/OWR statewide permit no. 4;

         d.   Minor boat docks meeting the conditions of IDNR/OWR statewide permit no. 5

         e.   Minor, nonobstructive activities meeting the conditions of the IDNR/OWR statewide permit no. 6;

         f.   Outfall structures and drainage ditch outlets meeting the conditions of IDNR/OWR statewide permit no. 7;

         g.   Underground pipeline and utility crossings meeting the conditions of IDNR/OWR statewide permit no. 8;

         h.   Bank stabilization projects meeting the conditions of IDNR/OWR statewide permit no. 9;

         i.   Accessory structures and additions to existing residential buildings meeting the conditions of IDNR/OWR statewide permit no. 10;

         j.   Minor maintenance dredging activities meeting the conditions of IDNR/OWR statewide permit no. 11;

         k.   Bridge and culvert replacement structures and bridge widening meeting the conditions of IDNR/OWR statewide permit no. 12;

         l.   Temporary construction activities meeting the conditions of IDNR/OWR statewide permit no. 13; and

         m.   Any development determined by IDNR/OWR to be located entirely within a flood fringe area.

      2.   Other development activities not listed in subsection B1 of this section may be permitted only if:

         a.   Permit has been issued for the work by IDNR/OWR (or written documentation is provided that an IDNR/OWR permit is not required), or

         b.   Sufficient data has been provided to FEMA when necessary, and approval obtained from FEMA for a revision of the regulatory map and base flood elevation.

   C.   Protected Buildings:

      1.   In addition to the state permit and damage prevention requirements of subsection B of this section, all buildings located in the floodplain shall be protected from flood damage below the flood protection elevation. This building protection requirement applies to the following situations:

         a.   Construction or placement of a new building or alteration or addition to an existing building valued at more than one thousand dollars ($1,000.00) or seventy (70) square feet.

         b.   Substantial improvements or structural alterations made to an existing building that increase the floor area by more than twenty percent (20%) or equal or exceed the market value by fifty percent (50%). Alteration shall be figured cumulatively subsequent to the adoption of this section 8-4-5. If substantially improved, the existing structure and the addition must meet the flood protection standards of this section.

         c.   Repairs made to a substantially damaged building shall be figured cumulatively subsequent to the adoption of this section 8-4-5. If substantially damaged, the entire structure must meet the flood protection standards of this section within twenty four (24) months of the date the damage occurred.

         d.   Installing a manufactured home on a new site or a new manufactured home on an existing site. (The building protection requirements do not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage.)

         e.   Installing a travel trailer or recreational vehicle on a site for more than one hundred eighty (180) days per year.

         f.   "Repetitive loss" to an existing building as defined in this section 8-4-5.

      2.   Residential or nonresidential buildings can meet the building protection requirements by one of the following methods:

         a.   The building may be constructed on permanent land fill in accordance with the following:

            (1)   The lowest floor (including basement) shall be at or above the flood protection elevation,

            (2)   The fill shall be placed in layers no greater than six inches (6") before compaction and should extend at least ten feet (10') beyond the foundation before sloping below the flood protection elevation,

            (3)   The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or other structural measure,

            (4)   The fill shall be composed of rock or soil and not incorporated debris or refuse material, and

            (5)   The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties and when necessary stormwater management techniques such as swales or basins shall be incorporated.

         b.   The building may be elevated in accordance with the following:

            (1)   The building or improvements shall be elevated on stilts, piles, walls, crawl space, or other foundation that is permanently open to floodwaters.

            (2)   The lowest floor and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the flood protection elevation.

            (3)   If walls are used, all enclosed areas below the flood protection elevation shall address hydrostatic pressures by allowing the automatic entry and exit of floodwaters. Designs must either be certified by a licensed professional engineer to ensure hydrostatic flood forces on walls are automatically equalized by allowing the entry and exit of floodwaters or by having a minimum of one permanent opening on each wall no more than one foot (1') above grade with a minimum of two (2) openings. The openings shall provide a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the base flood elevation, and

            (4)   The foundation and supporting members of all new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

            (5)   All structural components below the flood protection elevation shall be constructed of materials resistant to flood damage.

            (6)   Water and sewer pipes, electrical and telephone lines, submersible pumps, and other service facilities may be located below the flood protection elevation provided they are waterproofed.

            (7)   The area below the flood protection elevation shall be used solely for parking or building access and not later modified or occupied as habitable space, or

         c.   The building may be constructed with a crawl space located below the flood protection elevation provided that the following conditions are met:

            (1)   The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

            (2)   Any enclosed area below the flood protection elevation shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. A minimum of one opening on each wall having a total net area of not less than one square inch per one square foot of enclosed area. The openings shall be no more than one foot (1') above grade.

            (3)   The interior grade of the crawl space below the flood protection elevation must not be more than two feet (2') below the lowest adjacent exterior grade.

            (4)   The interior height of the crawl space measured from the interior grade of the crawl to the top of the foundations wall must not exceed four feet (4') at any point.

            (5)   An adequate drainage system must be installed to remove floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event.

            (6)   Portions of the building below the flood protection elevation must be constructed with materials resistant to flood damage, and

            (7)   Utility systems within the crawl space must be elevated above the flood protection elevation.

      3.   Nonresidential buildings may be structurally dry floodproofed (in lieu of elevation) provided a licensed professional engineer or architect certifies that:

         a.   Below the flood protection elevation the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood.

         b.   The building design accounts for flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and the impact from debris and ice.

         c.   Floodproofing measures will be incorporated into the building design and operable without human intervention and without an outside source of electricity.

      4.   Levees, berms, floodwalls and similar works are not considered floodproofing for the purpose of this section.

      5.   Manufactured homes or travel trailers to be permanently installed on site shall be:

         a.   Elevated to or above the flood protection elevation in accordance with subsection C2 of this section, and

         b.   Anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with the rules and regulations for the Illinois mobile home tie-down act issued pursuant to 77 Illinois administrative code section 870.

      6.   Travel trailers and recreational vehicles on site for more than one hundred eighty (180) days per year shall meet the elevation requirements of subsection C5 of this section, unless the following conditions are met:

         a.   The vehicle must be either self-propelled or towable by a light duty truck,

         b.   The hitch must remain on the vehicle at all times,

         c.   The vehicle must not be attached to external structures such as decks and porches,

         d.   The vehicle must be designed solely for recreation, camping, travel, or seasonal use rather than as a permanent dwelling,

         e.   The vehicle's largest horizontal projections must be no larger than four hundred (400) square feet,

         f.   The vehicle's wheels must remain on axles and inflated,

         g.   Air conditioning units must be attached to the frame so as to be safe for movement from the floodplain,

         h.   Propane tanks as well as electrical and sewage connections must be quick disconnect,

         i.   The vehicle must be licensed and titled as a recreational vehicle or park model, and

         j.   Must either:

            (1)   Entirely be supported by jacks, or

            (2)   Have a hitch jack permanently mounted, have the tires touching the ground and be supported by block in a manner that will allow the block to be easily removed by use of the hitch jack.

      7.   Garages, sheds or other minor accessory structures constructed ancillary to an existing residential use may be permitted to be constructed with the lowest floor below the flood protection elevation provided the following conditions are met:

         a.   The garage or shed must be nonhabitable.

         b.   The garage or shed must be used only for the storage of vehicles and tools and cannot be modified later into another use.

         c.   The garage or shed must be located outside of the floodway or have the appropriate state and/or federal permits.

         d.   The garage or shed must be on a single-family lot and be accessory to an existing principal structure on the same lot.

         e.   Below the base flood elevation, the garage or shed must be built of materials not susceptible to flood damage.

         f.   All utilities, plumbing, heating, air conditioning and electrical must be elevated above the flood protection elevation.

         g.   The garage or shed must have at least one permanent opening on each wall not more than one foot (1') above grade with one square inch of opening for every one square foot of floor area.

         h.   The garage or shed must be less than fifteen thousand dollars ($15,000.00) in market value or replacement cost whichever is greater or less than five hundred seventy six (576) square feet (24 feet x 24 feet).

            (1)   The structure shall be anchored to resist flotation and overturning.

            (2)   All flammable or toxic materials (gasoline, paint, insecticides, fertilizers, etc.) shall be stored above the flood protection elevation.

            (3)   The lowest floor elevation should be documented and the owner advised of the flood insurance implication.

   D.   Subdivision Requirements: The certified community shall take into account hazards, to the extent that they are known, in all official actions related to land management use and development.

      1.   New subdivisions, manufactured home parks, annexation agreements, planned unit developments, and additions to manufactured home parks and subdivisions shall meet the damage prevention and building protections standards of this section 8-4-5. Any proposal for such development shall include the following data:

         a.   The base flood elevation and the boundary of the floodplain, where the base flood elevation is not available from an existing study, the applicant shall be responsible for calculating the base flood elevation;

         b.   The boundary of the floodway when applicable; and

         c.   A signed statement by a licensed professional engineer in the state of Illinois that the proposed plat or plan accounts for changes in the drainage of surface waters in accordance with the plat act 1 .

      2.   Streets, blocks, lots, parks and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams and channels. Wherever possible the floodplains shall be included within parks or other public grounds.

   E.   Public Health And Other Standards:

      1.   Public health standards must be met for all floodplain development. In addition to the requirements of subsections C and D of this section, the following standards apply:

         a.   No development in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or floodproofed building constructed according to the requirements of subsection D of this section.

         b.   Public utilities and facilities such as sewer, gas, and electric shall be located and constructed to minimize or eliminate flood damage.

         c.   Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

         d.   New and replacement on site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Manholes or other aboveground openings located below the flood protection elevation shall be watertight.

         e.   Critical facilities shall be protected to the 500-year flood elevation. In addition, all ingress and egress from any critical facility must be protected to the 500-year flood elevation.

      2.   All other activities defined as "development" shall be designed so as not to alter flood flows or increase potential flood damages. (Ord. 2016-003, 3-8-2016)

   A.   Regulatory Floodplain Limits: The BFE shall be delineated on the site topography to establish the regulatory floodplain limits for regulation under this section 8-4-5 using the flood insurance rate maps (FIRM) and flood insurance study (FIS) of Grundy County dated August 2, 2012, by the federal emergency management agency in accordance with subsection B of this section.

   B.   BFE Determination: The BFE shall be:

      1.   In the case of AE zones on the FIRM, the BFE shall be the one percent (1%) annual chance flood profile elevation in the FIS, or

      2.   In the case of AH zones on the FIRM, the BFE shall be that elevation delineated on the FIRM, or

      3.   In the case of AO zones on the FIRM, the BFE shall be that depth delineated on the FIRM added to the highest adjacent grade or at least two feet (2') above the highest adjacent grade if no depth number is provided, or

      4.   The BFE for each of the remaining floodplains delineated as A zones on the FIRM shall be according to the best data available from federal, state or other sources.

         a.   Should no other data exist, the BFE should be determined by an engineering study financed by the applicant and conducted by a professional engineer using appropriate hydrologic and hydraulic models as follows:

            (1)   Hydrologic models: TR-20, HEC-1, HEC-HMS;

            (2)   Hydraulic models: HEC-2, HEC-RAS, WSP-2; or

            (3)   A technique approved by the administrator and IDNR-OWR.

         b.   Where a channel has a tributary drainage area of six hundred forty (640) acres or more, the above analysis shall be submitted to IDNR-OWR for approval.

   C.   Floodway Delineation And Elevations:

      1.   The location of the regulatory floodway shall be as delineated on the FIRM. Where an interpretation is needed to determine the exact location of the regulatory floodway boundary, IDNR-OWR shall be contacted.

      2.   General criteria for analysis of flood elevations in the regulatory floodway are as follows:

         a.   The flood profiles, flows and data from the current applicable regulatory map must be used for analysis of the base conditions. If the study data appears to be in error or conditions have changed, FEMA and IDNR-OWR shall be contacted for approval and concurrence on the appropriate base conditions data to use. The same Manning's "n" value shall be used for both existing and proposed conditions unless a recorded maintenance agreement obligates a public entity to maintain the proposed conditions or the land cover is changing from vegetative to nonvegetative. The administrator shall be copied on all related correspondence.

         b.   If the BFE at the site is affected by backwater from a downstream receiving stream with a larger drainage area, the proposed development shall be shown to meet the requirements of this section with the receiving stream at both the normal water elevation and the BFE.

         c.   If the applicant is informed by IDNR-OWR, a local government or private owner that a downstream or upstream restrictive bridge or culvert is scheduled to be removed, reconstructed or modified, or a regional flood control project is scheduled to be built, removed, constructed or modified within the next five (5) years, the proposed development shall be analyzed and shown to meet the requirements of this section for both the existing conditions and the expected flood profile conditions when the bridge, culvert or flood control project is built, removed or modified.

         d.   If the use will result in a change in the location of the regulatory floodway or a change in the BFE, then no development shall take place until a CLOMR has been issued by FEMA. Filling, grading, dredging or excavating may take place upon issuance of a CLOMR by FEMA. No further development activities shall take place or building permit issued in existing or proposed floodplain until an LOMR is issued by FEMA. The administrator shall be copied on all related correspondence.

         e.   In the circumstances listed below and located in a regulatory floodway, at a minimum, the information set forth below shall be submitted to IDNR-OWR for its review and approval.

            (1)   Analysis of the flood profile due to a proposed bridge, culvert crossing or roadway approach;

            (2)   An engineer's determination that an existing bridge, culvert crossing or roadway approach is not a source of flood damage and the analysis indicating the proposed flood profile;

            (3)   Alternative transition sections and hydraulically equivalent compensatory storage;

            (4)   Stormwater management permits issued to local units of government for regulatory floodway and floodplain development;

            (5)   IDNR-OWR will issue permits for any IDNR-OWR, state, federal or community projects for activities or developments that are located within the floodway. (Ord. 2016-003, 3-8-2016)

The following general performance standards are applicable to all development in a regulatory floodplain. The standards of this section apply except when superseded by more stringent requirements in the following sections:

   A.   All development in regulatory floodplain, except as allowed in subsection 8-4-5-10-3B and section 8-4-5-10-11 of this chapter, shall comply with the compensatory storage volume standards of section 8-4-5-10-8 of this chapter.

   B.   For all projects involving a channel modification, fill, stream maintenance or a levee, the flood conveyance and storage capacity of the regulatory floodplain shall not be reduced.

   C.   If the proposed development would result in a change in the regulatory floodplain or BFE the applicant shall obtain a CLOMR from FEMA prior to development followed by an LOMR from FEMA following development. No buildings may be built in the existing or proposed regulatory floodplain unless the building meets all the building protection standards that are listed within subsection 8-4-5-10-3C of this chapter. Proposed changes to the regulatory floodway delineation and the BFE must also be submitted to the IDNR-OWR for their approval.

   D.   Prior to the commencement of any construction, modification or removal of a dam, the developer shall obtain an IDNR-OWR dam safety permit or letter from the IDNR-OWR stating that a permit is not required.

   E.   For public flood control projects sections 8-4-5-10-3 through 8-4-5-10-13 of this chapter will be deemed met if the applicant demonstrates to IDNR-OWR and the stormwater committee:

      1.   By hydraulic and hydrologic modeling that the proposed project will not singularly or cumulatively result in increased flood heights outside the project site or that any increases will be contained in easements for all flood events up to and including the base flood event;

      2.   That the project will be operated and maintained by a public entity;

      3.   That the project will reduce flood damage to an existing building or structure.

Nothing in this section precludes the design, engineering, construction or financing, in whole or in part, of a public flood control project by persons who are not public entities. (Ord. 2016-003, 3-8-2016)

Structures classified as nonconforming structures, according to chapter 12 of this title, that are damaged by flood, fire, wind or other disaster are subject to the requirements of this section 8-4-5 in addition to the requirements of chapter 12 of this title. (Ord. 2016-003, 3-8-2016)

For proposed structures located outside the regulatory floodplain, the lowest opening shall be above the FPE (unless allowed in accordance with the regulations stated in subsection 8-4-5-10-3C of this chapter), including doors, accessways and window wells as depicted on the building plans reviewed and enforced by the building and zoning official. (Ord. 2016-003, 3-8-2016)

The following standards apply within the regulatory floodplain:

   A.   Hydraulically equivalent compensatory storage volume will be required for development in a riverine regulatory floodplain and shall be at least equal to the regulatory floodplain flood storage volume displaced multiplied by 1.5 for unincorporated areas and 1.0 within the incorporated areas. The storage volume displaced below the existing 10-year frequency flood elevation must be replaced below the proposed 10-year frequency flood elevation. The storage volume displaced above the 10-year existing frequency flood elevation must be replaced above the proposed 10-year frequency flood elevation. The additional compensatory flood storage required beyond a one to one (1:1) ratio may be placed above or below the 10-year flood elevation.

   B.   Compensatory storage volume for development in a nonriverine regulatory floodplain area that is also adjacent to a lake shall be equal to the storage volume displaced.

   C.   Compensatory storage volume requirements for development in a nonriverine regulatory floodplain that is not adjacent to a lake shall be replaced in accordance with the requirements for the loss of depressional storage in subsection 8-4-5-8-2F of this chapter.

   D.   Compensatory storage areas shall be designed to drain freely and openly to the channel and shall be located adjacent to the development. This standard does not apply to nonriverine regulatory floodplain or the replacement of depressional storage.

   E.   A recorded covenant running with the land shall be required to maintain the compensatory storage volume in areas modified to provide compensatory storage volume. (Ord. 2016-003, 3-8-2016)

Only development meeting the requirements of subsection 8-4-5-10-3B of this chapter shall be permitted in a regulatory floodway and shall also comply with all other applicable provisions of this section 8-4-5. (Ord. 2016-003, 3-8-2016)

These standards apply to riverine regulatory floodplains without a delineated floodway.

   A.   The applicant shall obtain approval from IDNR-OWR for development of more than five (5) acres or subdivisions of more than fifty (50) lots located entirely or partly within the regulatory floodplain (without a delineated regulatory floodway).

   B.   The development shall not singularly or cumulatively result in an obstruction of flood flows or potential flood damages outside the site due to an increase in flood heights, velocities or loss of floodplain area storage.

   C.   If the riverine floodplain without a delineated floodway is in a zone A with no BFEs shown, then a professional engineer shall submit a study that:

      1.   Determines a BFE and demonstrates that the proposed development will maintain the existing conditions conveyance, will not increase flood velocities, will not increase flood profiles and will compensate for any lost floodplain storage in accordance with section 8-4-5-10-8 of this chapter; or

      2.   Shows that the proposed development will meet the requirements for regulatory floodplains in sections 8-4-5-10-3 through 8-4-5-10-9 of this chapter. (Ord. 2016-003, 3-8-2016)

These standards are for the reconstruction, modification or new construction of bridges, culvert crossings and roadway approaches that are located within the regulatory floodplain.

   A.   A proposed new structure shall not result in an increase of upstream flood stages greater than 0.1 foot when compared to the existing conditions for all flood events up to and including the base flood event unless contained within the channel banks or recorded easements. The evaluation must be submitted to IDNR-OWR for review and issuance of a permit.

   B.   If the proposed new structure will increase upstream flood stages greater than 0.1 foot, the applicant must contact IDNR-OWR for a dam safety permit or waiver. The administrator shall be copied on all related correspondence.

   C.   A restrictive bridge or culvert may be altered to increase the conveyance of the base flood if an impact analysis is completed and approved in writing by the administrator and all other required regulatory approvals are obtained.

   D.   Velocity increases must be mitigated by use of appropriate measures to avoid scour, erosion and sedimentation at the structure.

   E.   For modification or replacement of existing structures in a regulatory floodway, the existing structure must first be evaluated in accordance with this section 8-4-5 to determine if the existing structure is a source of flood damage. If the structure is a source of flood damage, the applicant's engineer shall justify allowing the damage to continue and evaluate the feasibility of relieving the structure's impact. Modifications to or replacement of structures, other than a restrictive bridge or culvert in subsection C of this section shall not increase flood stages compared to the existing condition for all flood events up to and including the base flood event. The evaluation must be submitted to IDNR-OWR for review and approval before a permit is issued. The administrator shall be copied on all related correspondence.

   F.   The hydraulic analysis for the backwater caused by the bridge showing the existing condition and proposed regulatory profile must be submitted to IDNR-OWR for concurrence that a CLOMR is not required.

   G.   Construction vehicles shall cross streams by the means of existing bridges or culverts. Where an existing crossing is not available, a temporary crossing, for which a permit or waiver has been issued by IDNR-OWR, shall be constructed in which:

      1.   The approach roads will be six inches (6") or less above existing grade;

      2.   The crossing will allow stream flow to pass without backing up the water above the stream bank vegetation line or above any drainage tile or outfall;

      3.   The top of the roadway fill in the channel will be at least two feet (2') below the top of the lowest bank;

      4.   Any fill in the channel shall be nonerosive material, such as riprap or gravel; and

      5.   The access road and temporary crossings will be removed within one year after installation, unless an extension of time is granted by the administrator. (Ord. 2016-003, 3-8-2016)

   A.   Before any development in or near waters of the U.S., or in or near a wetland delineated on the NRCS wetland inventory maps, U.S. fish and wildlife service national wetland inventory map or if administrator considers that a wetland is present through visual inspection, a written report identifying and evaluating the boundaries, location, limits, area and quality of all on site 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 Wetlands Delineation Manual". Wetland delineation under this section shall be valid for three (3) years. The presence of farmed wetlands shall be determined by a farmed wetland delineation conducted in accordance with the "National Food Security Act Manual" methodology.

   B.   Before any development on agricultural land, in addition to the on site delineation required under the provisions listed in subsection A of this section, a farmed wetland delineation conducted in accordance with the "National Food Security Act Manual" methodology must be performed.

   C.   The quality of the wetlands shall be evaluated based upon the flora quality index (FQI).

   D.   The approximate location, extent and relative quality of wetlands within fifty feet (50') of the site shall be identified and included in the written report if the wetland is downstream of the development such that the runoff could negatively affect the quality or health of the wetland. The location and extent of such off site wetlands shall be determined by using the first of the following documents or procedures pertaining to such wetlands at the time of development:

      1.   Site specific delineation;

      2.   Wetlands identified in watershed plans or ADID studies. If such plans are not available, then;

      3.   Wetlands identified in interim watershed plans. If such plans are not available, then;

      4.   Wetlands identified on NRCS wetlands inventory maps. If such maps are not available, then;

      5.   Wetlands identified on the United States fish and wildlife service national wetlands inventory maps.

   E.   Final FQI assessments made before June 1 or after October 15 unless allowed at the discretion of the administrator, shall be considered to be preliminary. Buffer requirements shall be based upon such assessments. (Ord. 2016-003, 3-8-2016)

All wetland mitigation required under a COE section 404 permit for wetland disturbances in the county, shall be provided for. All wetland mitigation required under this section 8-4-5 for wetland impacts in the county shall be provided for in the county. All wetland mitigation required under this section 8-4-5 for wetland impacts in any other county may be provided in such county or in this county. (Ord. 2016-003, 3-8-2016)

Preserved wetlands shall be protected during development such that an FQI calculated upon completion of the project or two (2) years after the commencement of development, whichever is later, will not be more than two (2) points less than the FQI originally calculated. The developer shall mitigate for any wetland not so preserved at the ratio required for in the FQI originally calculated. (Ord. 2016-003, 3-8-2016)

The requirements of this section are not applicable to 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.

   A.   Buffers shall be identified on development plans for all areas defined as waters of the U.S. Buffer areas are divided into two (2) types, linear buffers and water body buffers:

      1.   Buffer areas including the protected waters of the U.S. shall be shown to be within appropriate easements on all new plats. Additionally, the maintenance requirements for the buffer shall be noted on the plat or included as a covenant running with the land in any deed which conveys any portion of a buffer area.

      2.   Buffer widths required as a part of a COE permit supersede the widths required in this section, unless the width required herein is greater. If a COE permit is obtained to permanently fill a portion of a wetland and no buffer is required, the buffer width required by this section 8-4-5 immediately adjacent to the area of impact does not apply. Immediately adjacent refers to the area within fifteen feet (15') of the area of impact. In no case shall additional wetland area be filled to provide buffer required by this section 8-4-5.

      3.   Jurisdictional waters of the U.S. or wetlands may not constitute a buffer. Buffer widths are to be twenty five feet (25') unless otherwise determined using the criteria specified below. Buffer width averaging is acceptable at the discretion of the administrator. When using buffer width averaging, the width may not be more than twenty percent (20%) less, at the narrowest point, than the specified width. The buffer width may never be less than fifteen feet (15'), except in the case of waters of the U.S. or wetlands with a calculated FQI of less than 7 where the buffer at its narrowest point may not be less than twelve feet (12') in width.

         a.   Linear buffers shall be designated along waters of the U.S. and wetlands associated with watercourses, i.e., swales, creeks, streams, rivers, etc. Refer to subsection A3b of this section in cases where wetlands are adjacent to and not part of the main channel, i.e., floodplain wetland, backwater slough, oxbow, bordering wetland complex.

            (1)   When the linear waters of the U.S. have a drainage area greater than six hundred forty (640) acres, measured at the downstream property line, or is designated as ADID because of high habitat value or an adjacent wetland has a calculated FQI greater than 16, the buffer shall be fifty feet (50').

            (2)   When the linear waters of the U.S. have a drainage area less than six hundred forty (640) acres, measured at the downstream property line, the buffer width shall be determined utilizing the formula,

                  X = (A*0.0547) + 15

         Where X equals the buffer width in feet and A equals the drainage area in acres

         The width calculated by this formula shall be rounded up to the nearest multiple of 5.

            (3)   If protective measures are installed along the perimeter of a buffer, the width may be reduced by up to ten percent (10%) immediately adjacent to the protective measure. The reduction in width that may be applied due to installation of protective measures may not be applied where buffer width averaging has been used and the buffer would be more than twenty percent (20%) less than originally specified. Protective measures may consist of fencing, sediment basins, biological filter strips or other methods approved by the administrator.

            (4)   If linear waters of the U.S. are completely or partially relocated, the newly created portion must be constructed in a manner which will allow naturalizing to occur, for example, meandering, pools, riffles and the like. Additionally, all disturbed areas must be replanted for stability with native vegetation where appropriate, appropriately managed and maintained and protected by an appropriately sized buffer.

         b.   Water body buffers shall encompass nonlinear bodies of water meeting the definition of the "waters of the U.S.", including wetlands.

            (1)   If protective measures are installed along the perimeter of a buffer, the width may be reduced by up to ten percent (10%) immediately adjacent to the protective measure. The reduction in width that may be applied due to installation of protective measures may not be applied where buffer width averaging has been used and the buffer would be more than twenty percent (20%) less than originally specified. Protective measures may consist of fencing, sediment basins, biological filter strips or other methods approved by the administrator.

            (2)   For all nonlinear water bodies or waters of the U.S. designated as ADID or wetlands with an FQI greater than 16, a minimum buffer width must be established in accordance with the table, "High Quality Wetlands - FQI > 16", of this section

            (3)   For non-ADID wetlands with an FQI of 7 to 16, a minimum buffer width must be established in accordance with the table, "Medium Quality Wetlands - 7 < FQI < 16", of this section.

            (4)   For non-ADID wetlands with an FQI of less than 7 a minimum buffer width must be established in accordance with the table, "Low Quality Wetlands - FQI < 7", of this section.

   B.   Buffers shall be replanted or reseeded using appropriate predominately native deep rooted vegetation, appropriately managed and maintained following disturbance. Native plantings shall follow the requirements set forth in section 8-9-14, "Stormwater Basin Landscaping", of this title.

   C.   The buffer area for all linear and nonlinear waters of the U.S. except wetlands shall extend from the jurisdictional limits of the waters of the U.S. ordinary high water mark. The buffer area for wetlands shall extend from the edge of the approved delineated wetland boundary. A site may contain a buffer that originates from waters of the U.S. or wetland located on another property.

   D.   Constructed stormwater management features shall not require a buffer and may constitute as a buffer. The total width of the buffer required may not be reduced by the installation of a stormwater management facility unless the facility can be considered a protective measure. If the facility can be considered to be a protective measure then the width of the buffer may be reduced as specified in the table, "Medium Quality Wetlands - 7 < FQI < 16", of this section.

   E.   If a buffer area is disturbed by permitted activities during construction, the buffer strip shall be stabilized in accordance with subsection B of this section.

   F.   Access through buffer areas shall be allowed when necessary for maintenance purposes only. Unless otherwise dedicated for a public purpose, buffer areas shall remain private property and are not generally accessible to the public.

   G.   Unrestrained stormwater which has not passed through a site runoff storage facility shall discharge through an area or structure meeting the definition of best management practices or buffer before entering jurisdictional waters of the U.S. or wetland.

      1.   All buffer areas once established shall be maintained free from development, except as described below:

         a.   A buffer area may be used for passive recreation (e.g., birdwatching, walking, jogging, bicycling, horseback riding and picnicking) and it may contain pedestrian, bicycle or equestrian trails provided that the created path is no wider than ten feet (10'). Paths leading to a wetland, must be winding to help prevent erosion.

         b.   Utility maintenance, maintenance of drainage facilities and drainage easements shall be allowed provided the maintenance activity meets all other federal, state and local regulations.

         c.   Anchoring and placement of boat docks and piers shall be allowed provided the structure meets all other federal, state and local regulations.

   H.   Buffer width calculation tables:

 

 

 

 

 

 

 

 

 

(Ord. 2016-003, 3-8-2016)

All developments having a wetland impact shall comply with this section. A permit for any wetland impact shall be obtained from the county administrator. (Ord. 2016-003, 3-8-2016)

   A.   Wetlands identified as having a flora quality index (FQI) greater than or equal to 25 shall not be filled or dredged as part of any development. The FQI shall be based solely on the wetland vegetation. Buffers and adjacent plant communities shall not be included in the calculation.

   B.   If the application of this section would: 1) have the effect of depriving the owner of all economically beneficial or productive use of the land; or 2) make the construction or installation of an essential public improvement by a public entity impossible or highly impractical the applicant may apply for a variance from the requirements of this section under section 8-4-5-15 of this chapter. If such variance is granted mitigation for the wetland impact allowed shall be made according to subsections 8-4-5-10-19A and E of this chapter. (Ord. 2016-003, 3-8-2016)

All mitigable wetland impacts shall be mitigated as required under the COE 404 permit program. (Ord. 2016-003, 3-8-2016)

   A.   For all mitigable wetland impacts:

      1.   Mitigation may be made within a wetland mitigation facility;

      2.   Mitigation may be made by the purchase of credits from a wetland mitigation bank; and

      3.   Mitigation may be made by the payment of a fee in lieu of mitigation under section 8-4-5-19-3 of this chapter.

   B.   Wetland impacts upon wetlands with an FQI of 7 or more but less than 16 shall be mitigated at a ratio of two to one (2:1).

   C.   Wetland impacts upon wetlands with an FQI of 16 or more but less than 25 shall be mitigated at a ratio of three to one (3:1).

   D.   Wetland impacts upon wetlands with an FQI of more than 25 shall be mitigated at a minimum ratio of ten to one (10:1) plus one-half (1/2) for each point by which the FQI exceeds 25 rounded up to the nearest whole number.

   E.   Wetland impacts upon wetlands that are inhabited by a threatened or endangered species shall be mitigated at a ratio of three to one (3:1).

   F.   Mitigation for wetland impacts upon more than one wetland within a site shall meet the standards applicable to each individual wetland that is impacted.

   G.   FQI assessments made before June 1 or after October 15 shall be considered to be preliminary. Mitigation requirements based upon such preliminary assessments shall not be considered to be final until a proper final FQI assessment is made, unless an FQI of at least 16 is applied to the mitigation. Preliminary FQI assessments that exceed 16 will require final FQI assessments.

   H.   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 on site or off site. The administrator shall determine if a proposed alternative mitigation plan meets the requirements of this section and their decision shall be final. (Ord. 2016-003, 3-8-2016)

   A.   In addition to the requirements of section 8-4-5-11 of this chapter, if wetland mitigation is required a wetland mitigation plan shall be submitted and contain the following information:

      1.   A narrative of the proposed plan including a description of the proposed hydrologic regime, soils and site geomorphology, where applicable;

      2.   Drawings depicting each wetland impacted and each wetland mitigation facility together with an individual listing contained in a summary table;

      3.   Specifications for rough and final grading, soil types, soil placement, plant procurement, water control structures, and a planting plan that lists the plant materials by scientific and common name, seeding rate or spacing distance and special planting provisions; and

      4.   Maintenance and monitoring provisions including an annual work schedule describing each task in detail and time of year when it will be performed.

   B.   The wetland mitigation plan shall be designed such that the following information is provided:

      1.   Every wetland mitigation facility shall contain at least two (2) wetland plant communities (for example, wet prairie, emergent, submergent, floating vascular, forested wetland, sedge meadow, or hemimarsh); and

      2.   Open water shall not constitute more than twenty percent (20%) of the entire wetland mitigation facility except for hemimarshes. (Ord. 2016-003, 3-8-2016)

Wetland mitigation facilities shall be buffered according to the requirements of section 8-4-5-10-15 of this chapter. Reductions are allowed in accordance with that section. No buffer is required for that portion of a wetland mitigation facility which is adjacent to an existing preserved wetland. (Ord. 2016-003, 3-8-2016)

   A.   All wetland mitigation facilities shall meet the following performance standards:

      1.   They shall meet the definition of a "wetland" under this section 8-4-5;

      2.   All vegetated zones within any wetland mitigation facility shall achieve eighty five percent (85%) cover;

      3.   The emergent community shall achieve sixty percent (60%) aerial coverage;

      4.   The floating vascular community shall meet twenty five percent (25%) aerial coverage; and

      5.   Open water shall have zero percent (0%) vegetative coverage.

   B.   A wetland mitigation facility designed to mitigate for impacts upon wetlands with a FQI of less than 7 shall achieve a minimum FQI three (3) points greater than the FQI of the wetland impacted within the five (5) year monitoring period.

   C.   A wetland mitigation facility designed to mitigate for impacts upon wetlands with an FQI of 7 or more but less than 25 shall achieve a minimum FQI five (5) points greater than the FQI of the wetland impacted within the five (5) year monitoring period. (Ord. 2016-003, 3-8-2016)

The wetland mitigation facility shall be monitored and managed for five (5) years beginning on the day the wetland planting is completed. The procedures for monitoring wetland mitigation facilities shall be those set forth in current Chicago district COE. An annual report shall be filed by the developer by February 15 of each year for every wetland mitigation facility under permit. Once a wetland mitigation facility reaches its required FQI and meets the performance standards of section 8-4-5-10-22 of this chapter, a request for the release of the performance security may be made to the administrator. A release of the performance security may be requested of the administrator as early as the end of the third full growing season. At the end of the five (5) year monitoring and management period, or upon acceptance by the administrator, the wetland mitigation facility shall be maintained in accordance with section 8-4-5-12 of this chapter. (Ord. 2016-003, 3-8-2016)

At the end of the five (5) year monitoring period or upon an earlier request for the release of the performance security, the administrator shall evaluate the wetland mitigation facility for compliance with the performance standards of section 8-4-5-10-22 of this chapter. If the administrator determines that the facility meets the standards they shall release the performance security. If the administrator determines that the facility does not meet the standards they shall make an estimate of the probable cost of mitigating for the shortfall in performance. The administrator shall then draw on the performance security the amount estimated to mitigate the shortfall in performance and shall release the remainder. The amount withheld for mitigation shall be deposited in the fund created under and expanded in the manner described in section 8-4-5-19-3 of this chapter. (Ord. 2016-003, 3-8-2016)

The denial of permit under this section may be appealed in the manner described in section 8-4-5-11-11 of this chapter. (Ord. 2016-003, 3-8-2016)

   A.   General Requirements:

      1.   Permit Requirements: A stormwater management permit is required if:

         a.   The development is located in the regulatory floodplain;

         b.   A substantial improvement is to be located in the regulatory floodplain;

         c.   There is any regulatory floodplain within the site; or

         d.   The development disturbs more than five thousand (5,000) square feet of ground or two hundred fifty (250) cubic yards of soil, unless the development consists solely of:

            (1)   The installation, renovation or replacement of a septic system, potable water service line or other utility serving an existing structure;

            (2)   The maintenance, repair or at grade replacement of existing lawn areas not otherwise requiring a stormwater permit under this section 8-4-5;

            (3)   The maintenance of an existing stormwater facility, not requiring other state or federal permits or approvals.

      2.   Approvals: All appropriate stormwater management related approvals and permits, including, without limitation, an IDNR-OWR floodway/floodplain construction permit, a COE 404 permit and an IDNR-OWR dam safety permit, if required, shall be obtained from all federal, state and regional authorities prior to the issuance of a stormwater management permit.

      3.   Permit Fees: All permit fees shall be paid at the time of application. Permit fees shall be established by separate ordinance. Fees may be 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.

      4.   Stormwater Facilities: A topographical map of the site, record drawings and other required drawings shall be prepared, signed and sealed by a professional land surveyor or professional engineer and referenced to the NAVD-88 and shall include the following documentation:

         a.   The design of stormwater facilities, calculations for the determination of the regulatory floodplain and calculations of the impacts of development shall meet the standards of this section 8-4-5 and shall be prepared, signed and sealed by a professional engineer. The signature and seal of such professional engineer shall stand as their opinion that the submittals which accompany the permit application meet the requirements of this section 8-4-5.

         b.   Differential water pressure for the stormwater management project shall conform to IDNR-OWR part 3702 construction and maintenance of dams for classification and permitting.

      5.   Development Permit Requirements: No person, firm, corporation, or governmental body not exempted by law shall commence any development in the floodplain without first obtaining a development permit from the applicable government official. The applicable government official shall not issue or allow for the issuance of a development permit if the proposed development does not meet the requirements of this section 8-4-5.

         a.   The application for a development permit shall be accompanied by:

            (1)   Drawings of the site, drawn to scale showing property line dimensions;

            (2)   Existing grade elevations and all changes in grade resulting from excavation or filling;

            (3)   The location and dimensions of all buildings and additions to the buildings;

            (4)   The elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of this section 8-4-5; and

            (5)   Cost of project or improvements as estimated by a licensed engineer or architect registered in the state of Illinois. A signed estimate by a contractor may also meet this requirement.

         b.   Upon receipt of an application for a development permit, the applicable government official shall compare the elevation of the site to the base flood elevation. Any development located on land that is shown by survey elevation to be below the current base flood elevation is subject to the provisions of this section 8-4-5. In addition, any development located on land shown to be below the base flood elevation and hydraulically connected to a flood course, but not identified as floodplain on the current flood insurance rate map, is subject to the provisions of this section 8-4-5. Any development located on land that can be shown by survey data to be higher than the current base flood elevation and which has not been filed after the date of the site's first flood insurance rate map is not in the floodplain and therefore not subject to the provisions of this section 8-4-5.

The applicable government official shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's first flood insurance rate map identification. The applicable government official shall be responsible for obtaining from the applicant copies of all other federal, state, and local permits, approvals or permit not required letters that may be required for this type of activity. The applicable government official shall not issue a permit unless all other federal, state, and local permits have been obtained. (Ord. 2016-003, 3-8-2016)

   A.   Permits expire on December 31 of the third year following the date of the original issuance date.

   B.   If a permitted project has achieved start of construction but is not complete by the expiration date of the permit, the permittee may submit in writing a request for an extension to the administrator. Upon receipt of such request, the administrator may extend the expiration date for a maximum of three (3) years for permitted activities that are outside of the special management areas. Expiration dates for permitted activities within the special management areas may also be extended for a maximum of three (3) years if the activity is in compliance with the current requirements of this section 8-4-5.

   C.   If a permitted project has not achieved start of construction within one year of the date of the permit then the development shall comply with any new floodplain management regulations, including updated FIRM, FIS and LOMR that took effect after the date the permit was issued.

   D.   If a permitted project has not achieved start of construction by the expiration date of the permit then the permit is expired and cannot be extended.

   E.   If the permittee revises the approved plans after issuance of the permit, the permittee shall submit the revised plans to the administrator, along with a written request for approval. If the administrator determines that the revised plans are in compliance with the current requirements of this section 8-4-5 an amended permit may be issued. (Ord. 2016-003, 3-8-2016)

The administrator may at their discretion, modify the submittal requirements on a case by case basis considering the size, complexity and likelihood that the development will affect the discharge of stormwater. Such modifications shall be requested and approved in writing. The administrator's response shall note the relevant findings and specify what additional submittal requirements are needed. The administrator may not modify submittal requirements for any aspect of the development requiring state or federal permits or approvals, nor for any application in which any variance is requested. The administrator shall receive a copy of any wetland submittal under section 8-4-5-11-7 of this chapter whether or not the county is the permitting authority. The administrator shall be copied on all related correspondence. (Ord. 2016-003, 3-8-2016)

   A.   The applicant shall at a minimum, provide the following information on forms or in a format approved by the administrator:

      1.   The names and legal addresses of all owners of the site;

      2.   The names and legal addresses of the developer or developers responsible for completing the development according to the plans submitted, the terms and conditions of the permit and the requirements of this section 8-4-5;

      3.   The common address, legal description and parcel identification number (PIN) of all parcels which comprise the site;

      4.   The name of the project, area of the site in acres and type of development;

      5.   A general narrative description of the development, existing and proposed conditions and project planning principles considered, including best management practices used;

      6.   Copies of all other permits or permit applications as required; and

      7.   An engineer's estimate of probable construction cost of the stormwater facilities and the installation and maintenance of soil erosion and sediment control measures.

   B.   The application shall be signed by all owners and developers identified in subsections A1 and A2 of this section and shall contain their attestation that they have read and understand the provisions of this section 8-4-5 and agree to bind themselves to the permitting authority to comply therewith. If at any time prior to completion, final inspection and approval of the development the identity of the persons required to be disclosed in subsections A1 and A2 of this section changes, an amended application containing the current information shall be filed and the permit shall be amended accordingly. (Ord. 2016-003, 3-8-2016)

All applicants for a stormwater permit shall provide the following basic plan exhibits. Each exhibit may be no more than one drawing for clarity. The specific information to be included on each exhibit shall be as noted below:

   A.   Elevation Reference: All elevations shall be referenced to NAVD-88.

   B.   Site Topographical Map:

      1.   Map scales as one inch equals fifty feet (1" = 50') (or less) and accurate to ±0.5 feet;

      2.   Existing and proposed contours on site (1 foot maximum contour interval) and within one hundred feet (100') of the site;

      3.   Existing and proposed drainage patterns and watershed boundaries;

      4.   Delineation of predevelopment regulatory floodplain and floodway limits;

      5.   Delineation of postdevelopment regulatory floodplain and floodway limits;

      6.   Location of cross sections and any other hydrologic or hydraulic computer modeled features;

      7.   Location of all on site drain tiles;

      8.   Boundaries of all wetlands, lakes, ponds, etc., with normal water elevation noted (show all areas of wetlands to be impacted regardless under permit or if a permit is not required);

      9.   Location of all existing buildings and those to remain on the site noted;

      10.   Nearest base flood elevations;

      11.   FEMA and/or reference bench marks used; and

      12.   All contours used in the calculation of depressional storage highlighted.

   C.   General Plan View Drawing:

      1.   Drawing at the same scale as the site topographical map (see subsection B of this section);

      2.   Existing major and minor stormwater systems;

      3.   Proposed major and minor stormwater systems;

      4.   Design details for stormwater facilities (i.e., structure and outlet work detail drawings, etc.);

      5.   Scheduled maintenance program for permanent stormwater facilities including BMPs;

      6.   Planned maintenance tasks and schedule for those tasks;

      7.   Identification of persons who will be responsible for maintenance;

      8.   Permanent government access maintenance easements granted or dedicated to, and accepted by, a government entity;

      9.   Proposed regulatory floodplain and floodway location (with the base flood and flood protection elevations noted);

      10.   Existing waters of the U.S. including wetlands, a certified wetland determination obtained from NRCS if the development occurs on agricultural land, wetlands and aquatic resources identified in ADID, and required buffers.

      11.   Directly connected impervious areas and any offsetting landscaped areas;

      12.   All plan areas at elevations below the 100-year high water elevation of site runoff storage facilities highlighted; and

      13.   Where a critical facility is proposed, the plan shall include the limits of the 500-year floodplain.

   D.   Sediment And Erosion Control Plan:

      1.   Drawings at the same scale as the site topographical map (see subsection B of this section).

      2.   Sediment and erosion control installation measures and schedule.

      3.   Existing and proposed roadways, structures, parking lots, driveways, sidewalks and other impervious surfaces.

      4.   Limits of clearing and grading.

      5.   Special management areas located.

      6.   Proposed buffer locations, existing soil types, vegetation and land cover conditions.

      7.   List of maintenance tasks and schedule for sediment and erosion control measures.

      8.   The name, address and phone number at which the person responsible for erosion and sediment control may be reached on a twenty four (24) hour basis.

      9.   The expected 2-year and 10-year runoff rates from all off site areas draining into the site shall be identified on the plan.

      10.   Methods for conveying flows through the site during construction shall be indicated. These methods shall include the temporary and permanent stabilization measures to be used to reduce velocity and erosion from flow through the construction zone.

   E.   Vicinity Topographical Map:

      1.   Vicinity topographical map identifying all off site areas draining to the development and downstream to the receiving intermittent or perennial stream (a 2 foot contour map is preferred at a scale readable by the reviewer but a USGS quadrangle map is acceptable);

      2.   Watershed boundaries for areas draining to, through or from the development;

      3.   Soil types related to hydrologic soils group, vegetation and land cover affecting runoff upstream of the site for any area draining through the site;

      4.   Location of site within the major watershed(s); and

      5.   Show the overland flow path from the upstream end of the development to the receiving intermittent or perennial stream.

   F.   Wetland Mitigation Plan: Wetland mitigation plan, if applicable, in accordance with section 8-4-5-10-20 of this chapter. (Ord. 2016-003, 3-8-2016)

The stormwater submittal shall include a narrative discussion and calculations to support a finding by the qualified review specialist that the proposed development complies with the technical requirements of this section 8-4-5. The submittal shall consist at a minimum of the following material:

   A.   Narrative description of the existing and proposed site drainage patterns and conditions, including description of off site conditions which help to identify stormwater issues considered in the design;

   B.   Schedule for implementation of the site stormwater plan;

   C.   On site and off site runoff calculations which address the following:

      1.   Documentation of the procedures and assumptions used to calculate hydrologic and hydraulic conditions for sizing major and minor systems;

      2.   Cross section data for open channels;

      3.   Hydraulic grade line and water surface elevations under design flow conditions; and

      4.   Hydraulic grade line and water surface elevations under base flood flow conditions.

   D.   Site runoff storage calculations, which address the following:

      1.   Calculation of hydraulically connected impervious area and corresponding retention volume;

      2.   Documentation of the procedures and assumptions used to calculate hydrologic and hydraulic conditions for determining the allowable release rate;

      3.   Documentation of the procedures and assumptions used to calculate hydrologic and hydraulic conditions for determining the storage volume;

      4.   Elevation area storage data and calculations for site runoff storage; and

      5.   Elevation discharge data and calculations specifically related to the outlet control structure depicted in the plan exhibits. (Ord. 2016-003, 3-8-2016)

The applicant shall obtain approval from IDNR-OWR and FEMA when required for all new base flood and floodway determinations or as required in section 8-4-5-10-4 of this chapter. Documentation supporting a finding by the qualified review specialist that the proposed development is in compliance with sections 8-4-5-10-3, 8-4-5-10-4, 8-4-5-10-5, 8-4-5-10-6, 8-4-5-10-7, 8-4-5-10-8, 8-4-5-10-9, 8-4-5-10-10, 8-4-5-10-11, 8-4-5-10-12, and 8-4-5-10-13 of this chapter shall be submitted with the application. At a minimum, the following material shall be submitted for approval with the application:

   A.   Regulatory floodplain boundary determination.

      1.   Provide source of flood profile information; and

      2.   Provide all hydrologic and hydraulic study information for site specific floodplain studies, unnumbered zone A area elevation determinations and floodplain map revisions.

   B.   Floodplain fill and compensatory storage calculations for below and above 10-year flood elevation up to the base flood elevation.

      1.   Tabular summary for below and above 10-year flood elevation of fill, compensatory storage and compensatory storage ratios provided in proposed plan; and

      2.   Cross sections used for the above calculations.

   C.   Floodproofing measures.

      1.   Narrative discussion of floodproofing measures including material specifications, calculations, design details and operation summary; and

      2.   Flood easements when required by this section 8-4-5.

   D.   Current statewide permits and such information that indicates that the development qualifies for the particular permits in question under the regulations established for such permit(s) by IDNR-OWR. (Ord. 2016-003, 3-8-2016)

   A.   The applicant shall obtain a permit for all federally regulated activities involving waters of the U.S. from the appropriate federal authorities. The applicant shall obtain a permit from the county (or the certified community), for all developments having a wetland impact. The applicant shall indicate on the plans the location of any on site wetland mitigation required by a COE permit and, in narrative form, the location of all off site mitigation.

   B.   A wetland submittal in accordance with the detailed requirements of sections 8-4-5-10-3, 8-4-5-10-14, 8-4-5-10-15, 8-4-5-10-16, 8-4-5-10-17, 8-4-5-10-18 and 8-4-5-11-4 of this chapter shall be required. In general, the submittal will consist of the following material:

      1.   Wetland delineation report (COE format).

      2.   Calculation of required buffer (including the size and quality when calculated).

      3.   Wetland delineation plan, plan view drawing:

         a.   All existing and proposed impacted or undisturbed on site wetlands;

         b.   Location of the buffers; and

         c.   Planting plan for buffers; and

         d.   Identify all required wetland management activities.

      4.   For all stream modifications, the following shall be submitted:

         a.   A plan and profile of the existing and proposed channel; and

         b.   Supporting calculations for channel width, depth, sinuosity, riffle locations and similar features.

   C.   If the development will have a wetland impact, the requirements of section 8-4-5-10-14 of this chapter shall be met. (Ord. 2016-003, 3-8-2016)

Performance security in accordance with section 8-4-5-18 of this chapter shall be required prior to permit issuance. (Ord. 2016-003, 3-8-2016)

A completed maintenance schedule for the stormwater management facilities and special management areas in accordance with section 8-4-5-12 of this chapter shall be submitted along with identification of the persons responsible for maintenance and funding and backup funding sources for maintenance in accordance with section 8-4-5-12 of this chapter. (Ord. 2016-003, 3-8-2016)

The permittee is required to submit record drawings of all permitted stormwater facilities. The record drawings shall be signed and sealed by a professional engineer who shall state that the project as constructed is substantially in conformance with the development as permitted. (Ord. 2016-003, 3-8-2016)

   A.   Within three (3) weeks after being served with the permit or notice that the permit has been denied, the applicant may appeal the terms or denial of the permit to the oversight committee. The appeals shall be made by filing a notice thereof with the oversight committee specifying the specific provisions appealed and the grounds therefor. The administrator shall conduct a hearing on the appeal not more than sixty (60) days after the filing of the notice of appeal. The hearing shall be de novo. Notice of the hearing shall be served upon the applicant, the administrator and upon all communities within the same watershed as the development to which the appeal relates. The hearing may be continued from time to time. The oversight committee may adopt rules for the taking of evidence and conduct of such hearings.

   B.   Within thirty (30) days of the conclusion of the hearing, the oversight committee shall decide whether to affirm or reverse, in whole or in part, the terms or denial of the permit. The decision of the oversight committee shall be in writing and shall include the specific findings and conclusions supporting its determination. A copy of this decision and the order shall be served upon all parties entitled to notice in accordance with section 8-4-5-16-7 of this chapter.

   C.   Within ten (10) days of being served with the order of the oversight committee, the applicant may (and if the denial of the permit or any of the terms thereof have been reversed, in whole or in part, by the oversight committee, the administrator shall), further appeal to the decision making authority. The decision making authority shall decide the appeal upon the record before the oversight committee. The decision making authority shall affirm the order of the oversight committee if it is supported by substantial evidence in the record. A copy of the decision and order of the decision making authority shall be served upon all parties entitled to notice in accordance with section 8-4-5-16-7 of this chapter.

   D.   Within ten (10) days of being served with the order of the decision making authority, the applicant may (and if the effect of the decision making authority's decision is that the denial of the permit or any of the terms thereof have been reversed, in whole or in part, the administrator shall), further appeal to the committee. The committee shall decide the appeal upon the record below. The committee shall decide the appeal within forty five (45) days of its receipt thereof. The committee shall affirm the order of the decision making authority if it is supported by substantial evidence in the record. A copy of the decision and order of the committee shall be served upon all parties entitled to notice in accordance with section 8-4-5-16-7 of this chapter.

   E.   From a final order of the committee, the applicant may appeal to the courts under the Illinois administrative review law. (Ord. 2016-003, 3-8-2016)

   A.   Ownership: The owner shall maintain that portion of a stormwater drainage system, including any special management areas, located within the owner's property. Stormwater drainage system's long term maintenance may be transferred to the following groups when approved by the administrator:

      1.   Dedicated or transferred to a permitting authority or other public entity; or

      2.   Conveyed and accepted by a homeowners' association or similar entity, where the association consists of the owners of the lots within that development.

   B.   Submittal:

      1.   The long term maintenance plan shall include the long term management plan, operation and maintenance of the stormwater management system and the entity that is responsible for the long term maintenance. The plan shall also include how this maintenance will be funded. All details of the plan shall be reviewed and approved by the administrator.

      2.   Private entities that are responsible for the installation, preservation and maintenance of a stormwater drainage system and special management area are required to have a funding mechanism to support this endeavor. As part of the permitting process, the administrator will approve the permit under the provisions of this section 8-4-5 when accompanied by an acceptable establishment of a special service area pursuant to 35 Illinois Compiled Statutes 200/27-5 et seq., either as the primary means of providing for the long term maintenance of the facilities or as a backup vehicle in the event the entity designated by the applicant as having this responsibility fails to carry out these duties. If the establishment of a special service area is required, the administrator shall make an estimate of the tax rate required to produce a tax to be levied upon all taxable property within the development that will be sufficient for the long term maintenance of the facilities and submit the same to the permitting authority which shall incorporate such rate into its enactment of the ordinances necessary for the establishment of the area. The ordinances to be enacted by the permitting authority shall be substantially in the form set forth in subsection 8-4-5-21D, "Appendix D; Sample Special Services Area Ordinances", of this chapter. The county administrator shall submit to the permitting authority on or before August 1 of each year the estimated amount of tax required to be levied upon all taxable property within the area for the next fiscal year for the continued maintenance of the stormwater drainage system. (Ord. 2016-003, 3-8-2016)

That portion of a stormwater drainage system or special management area that is dedicated or transferred to a permitting authority or public entity under the provisions of this section shall be provided with appropriate easements for ingress and egress for maintenance purposes. These easements shall be provided for the benefit of either the permitting authority or the public entity to which the responsibility has been transferred. These easements shall be shown on the final plat for the development and clear language shall be included on the plats for the purposes of the easements. (Ord. 2016-003, 3-8-2016)

Any portion of the stormwater drainage system or special management area that is transferred to a homeowner's association the following requirements and details shall be adhered to:

   A.   Appropriate easements for ingress and egress to the designated stormwater drainage system or special management area shall be granted. This dedicated easement needs to be shown on the approved final plat for the development.

   B.   The final plat or annexation agreement shall contain details that clearly state the responsibilities and obligations for the homeowners' association and its successors. These responsibilities shall be included within the homeowners' association covenant and a copy of these covenants shall be included with the final plat or annexation agreement. Any amendments to these details shall be updated with the authority having jurisdiction and the administrator.

   C.   The final plat shall contain language that allows the entry of personnel representing the permitting authority to inspect components of the storm drainage system or special management areas and if needed perform any maintenance required in this section if the association does not properly perform that maintenance. If maintenance is required a lien will be filed against the land for the cost of the required maintenance.

   D.   The association shall be duly incorporated and a copy of the certification of incorporation shall be recorded along with the bylaws for the association. If there are any modifications to either of these documents, updated documents shall be provided to the administrator.

   E.   The bylaws of the association shall at a minimum in regard to stormwater, contain:

      1.   A provision acknowledging and accepting the association's obligation to maintain those portions of the stormwater drainage system and special management areas conveyed or otherwise transferred to it under this section 8-4-5;

      2.   A mechanism for imposing an assessment upon the owners of the lots within the development that will fund the maintenance of the stormwater drainage system or special management area and the payment of all taxes levied thereon;

      3.   A provision adopting the plan of long term maintenance set forth in the application for a stormwater management permit, with approved amendments;

      4.   A provision identifying the officer of the association who will be responsible for overseeing that all of the obligations imposed upon the association are complied with;

      5.   A provision requiring the consent of the permitting authority when any amendments are made to the bylaws required by this section 8-4-5; and

      6.   A provision that requires the consent of the permitting authority to the dissolution of the association.

   F.   Any conveyance or other instrument of transfer delivered under this section 8-4-5-12 and any subsequent conveyance shall include a covenant affirmatively imposing upon the grantee the obligations, restrictions and provisions set forth in this section and the grantee's affirmative acceptance thereof. (Ord. 2016-003, 3-8-2016)

The following actions shall be taken for that portion of the stormwater drainage system or special management areas that are to be conveyed to one or more persons under this section 8-4-5-12, then:

   A.   The approved final plat shall contain the appropriate ingress and egress easements and the appropriate maintenance for such easements shall be dedicated for the benefit of the permitting authority;

   B.   The approved final plat shall contain information and a legend that describe in detail the obligations of this section upon the grantee and its successors in interest as a covenant running with the land and incorporating by reference the plan of long term maintenance set forth in the application for stormwater management permit, with approved amendments;

   C.   The approved final plat shall include provisions for the permitting authority to perform necessary maintenance of the stormwater drainage system or special management area required if the responsible party fails to do so. If the permitting authority completes this work a lien will be placed against the property for the cost thereof;

   D.   The approved final plat shall include any conveyance delivered under this section 8-4-5-12 and any subsequent conveyance shall include a covenant affirmatively imposing upon the grantee the obligations, restrictions and provisions set forth in this section and the grantee's affirmative acceptance thereof. (Ord. 2016-003, 3-8-2016)

The provisions of this section shall be incorporated within the stormwater management permit through specific reference. The applicant's signature is acceptance of all provisions included within the document. The administrator shall request that the permit be recorded. (Ord. 2016-003, 3-8-2016)

In accordance with the authority that is granted in 55 Illinois Compiled Statutes 5/5-1104 and 5/5-1062, the county may upon thirty (30) days' notice to the owner or occupant, enter upon any lands or waters within the county for the purpose of inspecting and/or maintaining any stormwater facilities or causing the removal of any obstruction to an affected watercourse. (Ord. 2016-003, 3-8-2016)

Any development having a stormwater management permit may be periodically inspected by the administrator or authorized agent to ensure that the management plan has conformed to and is being maintained in accordance with this section 8-4-5 and the terms and conditions of the stormwater management permit. (Ord. 2016-003, 3-8-2016)

   A.   Any person who violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any provision of this section 8-4-5, or any requirement or condition contained within the stormwater management permit or in the case of a permit violation, fails to correct the violation after notice and reinspection, shall be considered in violation of this section 8-4-5.

   B.   Whenever the administrator determines that a permit violation exists, a notice shall be served to the owner and/or permittee of the property. The notice shall state specifically what the violation is and the section of the ordinance that was violated. A date shall be provided within the notice that states when an inspection will be made to confirm that the site was modified such that it is compliant. If there are any violations as stated in section 8-4-5-8 of this chapter, immediate action such as an inspection may be warranted. All notices shall be made to the owner and/or occupant of the property by certified mail. (Ord. 2016-003, 3-8-2016)

   A.   The administrator may engage any one or more of the following remedies when enforcing this section 8-4-5 against a permit holder or violator of this section 8-4-5:

      1.   The administrator may impose a civil fine upon such person in an amount not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00) for each offense. Each week (7 consecutive days) that a violation is permitted to exist shall constitute a separate offense. Other actions may be taken by law to prevent or to remedy any violation of this section 8-4-5 and these remedies shall be in addition to any other penalties.

      2.   The administrator may revoke any stormwater management permit issued to any party.

      3.   The administrator may issue a stop work order that would suspend any further work on the site. The stop work order shall be issued in writing and shall indicate the justification for the order being issued, and what action needs to take place to allow work to continue. A copy of the stop work order shall be posted at the site of the stormwater management area where the violation exists.

      4.   The administrator may require that the area impacted be fully restored to its original condition. In the case of a wetland impact the area's preexisting condition shall be determined by reference to a creditable wetland assessment performed within two (2) years of such impact.

      5.   The administrator may require the owner of property to apply for a permit for unpermitted work. If the unpermitted work has impacted a wetland, the FQI of the wetland shall be determined by the administrator or qualified agent and shall be submitted with a mitigation plan.

   B.   In order to enforce any of the remedies set forth in the preceding paragraph, the administrator may bring legal action or equitable action, including injunctive relief that may be deemed necessary. In any such action, in addition to any fine or other relief, the administrator may recover all costs and expenses, including any attorney fees that were incurred. (Ord. 2016-003, 3-8-2016)

This section applies to all development within the county and to all development within the corporate boundaries of any certified community including that under the control of any governmental entity, agency or authority, except as provided in section 8-4-5-14-7 of this chapter. Any person undertaking a development shall obtain a stormwater management permit from the permitting authority. Any person undertaking a development having a wetland impact shall obtain a permit from the responsible agent in a community certified under this section 8-4-5. Any certified community undertaking development in the regulatory floodway of a floodplain shall obtain a permit from IDNR-OWR if required prior to issuance of a stormwater management permit. All units of local government shall obtain stormwater management permits from the permitting authority within whose boundaries the development is located. (Ord. 2016-003, 3-8-2016)

   A.   This section 8-4-5 does not apply to:

      1.   Development which has been completed before January 1, 2017;

      2.   Development which has been determined to be exempt by the committee; and

      3.   Wetland impacts occurring before the effective date hereof.

   B.   Structures classified as nonconforming structures, according to chapter 12 of this title, shall not be replaced or enlarged in any manner unless such replacement or enlargement conforms to the requirements of this section 8-4-5. (Ord. 2016-003, 3-8-2016)

   A.   Before January 1, 2017, each community shall submit to the county administrator a list of proposed exempt developments prepared and adopted in accordance with section 8-4-5-14-4 of this chapter. At its next regularly scheduled meeting occurring not less than thirty (30) days after the county administrator's receipt of the list, the committee shall consider the developments listed in the exempt listing. Any member of the committee may remove from the list for further consideration any development located within the area represented by that member. Additionally, the committee, upon a passed motion by a simple majority, may remove any development from the list for further consideration. After such removals, the developments remaining on the list shall be determined to be exempt from the provisions of this section 8-4-5.

   B.   With respect to those developments removed from the list, the committee shall determine each development on a community's list to be exempt from the provisions of this section 8-4-5 if:

      1.   Substantial development has commenced; or

      2.   The stormwater plan for such development:

         a.   Provides site runoff storage which at a minimum meets a 0.15 cfs/acre release rate standard; and

         b.   Includes a designed conveyance system for flow rates up to the base flood for off site and on site flows without damage to structures; and

         c.   Provides for soil erosion and sediment control in accordance with the "Illinois Urban Manual". (Ord. 2016-003, 3-8-2016)

   A.   A community may place a development on the list of proposed exempt developments if:

      1.   The development meets the criteria for exemption listed in subsection 8-4-5-14-3B of this chapter;

      2.   A contractual agreement, specifically exempting the development from the stormwater regulations of the community, was entered into before January 1, 2017.

   B.   A community's list shall be submitted in accordance with subsection 8-4-5-14-3A of this chapter and should include a description of each development that is proposed exempt along with evidence that the development meets the criteria for exemption listed in subsection 8-4-5-14-3B of this chapter in order to facilitate the committee's determination.

   C.   Once a community's list of proposed exempt developments has been approved by the committee, the list shall be adopted by an official action of the corporate authorities of the community. Prior to taking such action, the community shall publish in accordance with section 8-4-5-16-8 of this chapter a notice in substantially the following form:

         NOTICE OF PUBLIC HEARING

         (List of proposed exempt developments)

   D.   In addition to the published notice of the public hearing, not less than fifteen (15) days prior to taking any such action, the community shall place a sign in a conspicuous place at each of the developments on the list advising the public that the development is on the list proposed as exempt from the provisions of this section 8-4-5 and of the date and time of the meeting at which formal action with respect to the approval of the list will be taken and of the public's right to appear to be heard prior to such approval.

   E.   Once submitted, the list shall not be changed except that a developer of a development inadvertently omitted from the list by the community may apply directly to the committee for a determination that the development meets all of the requirements of this section for being exempt. (Ord. 2016-003, 3-8-2016)

   A.   This section 8-4-5 shall be construed to protect the health, welfare, safety, and the environment of the residents of the county and to effectuate the purposes of this section 8-4-5 and the enabling legislation.

   B.   Nothing in this section 8-4-5 shall be deemed to consent to, license, permit to locate, construct, or maintain any structure, site, facility or operation, or to carry on any trade, industry, occupation, or activity.

   C.   When provisions of this section 8-4-5 differ from any other applicable law, statute, ordinance, rule or regulation, the more stringent provision shall apply.

   D.   The provisions of this section 8-4-5 are cumulative of all other laws, statutes, ordinances, rules and regulations which relate to the subject matter hereof and, except as otherwise expressly provided herein, nothing in this section 8-4-5 shall be construed as a limitation upon the application or enforcement of any such law, statute, ordinance, rule or regulation. To the greatest extent possible, the provisions of this section 8-4-5 shall be construed to be consistent with the provisions of such other laws, statutes, ordinances, rules or regulations, and with each other, to the end that all such provisions may be given their fullest application. (Ord. 2016-003, 3-8-2016)

   A.   The degree of flood protection provided by this section 8-4-5 is considered reasonable for regulatory purposes and is based upon engineering experience and scientific methods of study. Increased flooding may result from causes beyond the control of any government authority. This section 8-4-5 does not, therefore, guarantee that areas outside the floodplain or permitted land uses within the floodplain will be free from flooding and associated damages.

   B.   Nothing in this section 8-4-5 shall be construed or applied in any manner to create liability on the part of or a cause of action against the county, any municipality or other government authority, or any elected official or any officer, agent, or employee of any of the foregoing, or any qualified engineer review specialist for any flood damage resulting from reliance on the provisions of this section 8-4-5. (Ord. 2016-003, 3-8-2016)

Pursuant to 55 Illinois Compiled Statutes 5/5-1062.2(b) a community that is located in more than one county may choose, at the time of the formation of the committee and based upon watershed boundaries, to participate in the stormwater management planning program of either or both of the counties. Unless the municipality at the time of the formation of the committee has chosen to participate in the stormwater management planning program of another county, the committee shall include such municipality within the scope of its planning and enforcement jurisdiction. (Ord. 2016-003, 3-8-2016)

   A.   The provision of this action shall be severable in accordance with the following rules:

      1.   If any court of competent jurisdiction shall adjudge any provision of this section 8-4-5 to be invalid, such judgment shall not affect any other provision of this section.

      2.   If any court of competent jurisdiction shall adjudge to be invalid the application of any provision of this section 8-4-5 to a particular parcel or land, a particular structure, or a particular development, such judgment shall not affect the application of said provision to any other land, structure or development. (Ord. 2016-003, 3-8-2016)

This section 8-4-5 repeals the original section or resolution which was adopted to meet the national flood insurance program. (Ord. 2016-003, 3-8-2016)

No amendments to this section 8-4-5 may be passed without a public hearing first being held before the committee upon notice published as provided in section 8-4-5-16-8 of this chapter. (Ord. 2016-003, 3-8-2016)

After its passage, approval and publication according to law, this section 8-4-5 shall take effect on January 1, 2017. (Ord. 2016-003, 3-8-2016)

In order to provide an avenue to allow relief from strict compliance with the requirements of this section 8-4-5 where it is deemed impractical to achieve that compliance, variances from specific provisions of this section 8-4-5 may be granted by the administrator according to the standards set forth in this section. (Ord. 2016-003, 3-8-2016)

   A.   An application needs to be completed by the petitioner, with respect to the development to which it relates. This application shall be provided to the administrator. No application for a variance will be accepted for filing unless it relates to a previously filed application for a stormwater management permit. The number of application submittal packages is decided by the administrator of this section 8-4-5. Upon request, the administrator shall provide complete variance submittal packages to the county administrator and to the communities that are directly affected for their review. Applications shall provide the following information:

      1.   The common address(es) and legal description of the development site;

      2.   All pertinent information about the petitioners;

      3.   The names, addresses, and phone numbers of all consultants retained in connection with the application for a variance;

      4.   The names and addresses of owners of record of land within five hundred feet (500') of the property line of the site;

      5.   The specific feature or features of the development that the variance is being sought;

      6.   The specific provisions of this section 8-4-5 from which a variance is requested and the hardship of compliance to this section 8-4-5;

      7.   A statement of the characteristics of the development that prevent compliance with the provisions of this section 8-4-5; and

      8.   A statement that the variance requested is the minimum variance necessary to permit the development;

      9.   A statement as to how the variance requested satisfies the standards set forth in section 8-4-5-15-5 of this chapter. (Ord. 2016-003, 3-8-2016)

With the filing of the application for a variance, the applicant shall pay a fee in accordance with the prescribed ordinance as adopted by the certified community and the county. (Ord. 2016-003, 3-8-2016)

The following steps need to be followed prior to the public hearing process:

   A.   The application shall be complete and been satisfactorily reviewed by the administrator; and

   B.   The administrator shall notify the applicant of the schedule for the public hearing for the petition before the oversight committee;

   C.   Notice of the public hearing shall be published by the applicant in accordance with section 8-4-5-16-8 of this chapter and served as provided in section 8-4-5-16-7 of this chapter upon all owners of record of land within five hundred feet (500') of the site as disclosed in the application and upon each community, and the drainage district within the same watershed as the development in question. The notices given under this section shall set forth the common name, address and legal description of the development and a brief description of the variance requested. (Ord. 2016-003, 3-8-2016)

This section pertains to all variances relating to this section 8-4-5, except variances from floodplain management regulations. The granting of floodplain management variances shall be according to section 8-4-5-15-5-2 of this chapter.

   A.   Variances from the provisions of this section 8-4-5 shall not be granted unless the variance is consistent with the purposes of this section 8-4-5 and meets the following standards based upon substantial evidence submitted at the hearing:

      1.   The variance shall not increase the probability of flood damage or create an additional threat to the public health, safety and welfare;

      2.   The variance is the minimum required considering each of the following statements of policy underlying this section 8-4-5 and there are no means other than the requested variance by which the demonstrated hardship can be avoided or remedied to a degree sufficient to permit the reasonable continuation of the development:

         a.   Site runoff storage of stormwater shall also contribute to the improvement of the quality of stormwater runoff;

         b.   The volume of site runoff storage provided in open air vegetated facilities is maximized consistent with other site constraints on land use, including zoning requirements essential for the proposed development;

         c.   Conveyance of stormwater shall not disproportionately absorb the design capacity of existing off site conveyance facilities for any storm event from the 2-year to the 100-year flood frequency; and

         d.   High quality natural areas shall be preserved on the site, including, without limitation, stands of native trees, existing wetlands, natural floodplain storage, or other valuable environmental and biological resources.

      3.   The variance is not requested solely for the purpose of increasing the residential density of the development nor impervious areas on the site;

      4.   The variance is not requested solely as a result of economic hardship;

      5.   If applicable, the variance is required due to unique, natural topographical features of the site; and

      6.   The applicant's circumstances are not self-imposed.

   B.   No variance shall be granted for any development in regulatory wetlands or critical wetlands, the effect of which would be to create regulations less restrictive than the federal or state minimum standards applicable to the development in such areas. (Ord. 2016-003, 3-8-2016)

This section pertains to variances from floodplain management regulations only. The granting of all other variances shall be according to section 8-4-5-15-5-1 of this chapter.

   A.   Variances from the floodplain management provisions of this section 8-4-5 shall not be granted unless the variance is consistent with the purposes of this section 8-4-5 and meets the following:

      1.   Variances shall only be issued upon:

         a.   A showing of good and sufficient cause;

         b.   A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

         c.   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

      2.   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

      3.   The administrator shall notify the applicant in writing that:

         a.   The issuance of a variance to construct a structure below the base flood level may result in increased premium rates for flood insurance;

         b.   Such construction below the base flood level increases risks to life and property; and

         c.   Such notification shall be maintained with a record of all variance actions as required in subsection A4 of this section.

      4.   The administrator shall maintain a record of all variance actions, including justification for their issuance.

      5.   Variances shall not be issued within any designated regulatory floodway if they would result in any increase to the BFE. (Ord. 2016-003, 3-8-2016)

   A.   The administrator shall review the application for a variance and present a written recommendation to the oversight committee at the public hearing.

   B.   Not more than forty five (45) days after the close of the hearing, the administrator shall forward the application and recommendations to the decision making authority. The written recommendations from the administrator shall be accompanied by the written findings of fact with respect to each of the elements set forth in section 8-4-5-15-5 of this chapter with a listing of the evidence taken at the public hearing. If the administrator fails to act within forty five (45) days, it shall be deemed to have forwarded the application with no recommendation to the decision making authority. (Ord. 2016-003, 3-8-2016)

The decision making authority shall grant the variance as submitted, with modifications or conditions or deny the variance in its entirety. (Ord. 2016-003, 3-8-2016)

   A.   A variance from the original petition submittal may be granted when the record supports the applicant's right to some relief.

   B.   When granting a variance, the decision making authority may impose such specific conditions and limitations on the applicant concerning any matter relating to the purposes and objectives of this section 8-4-5 as may be necessary or appropriate.

   C.   When a variance is granted that includes condition(s) required to be met by the applicant, the applicant shall file evidence with the administrator that the condition(s) have been met. (Ord. 2016-003, 3-8-2016)

   A.   The committee shall oversee the enforcement of this section 8-4-5.

   B.   The administrator shall ensure that this code is administered. In performing their duties, the administrator may delegate routine responsibilities to any named designee.

   C.   Each certified community shall remain solely responsible for its standing in the national flood insurance program, including:

      1.   The maintenance of all records and submission of all reports required for eligibility in the program including all elevation certificates, floodproofing certificates, and lowest floor elevations; and

      2.   The notification of the county administrator and committee of any proposed amendment to this section 8-4-5. (Ord. 2016-003, 3-8-2016)

The certified community and the county land use department shall be responsible for the general administration of this section 8-4-5 and ensure that all stormwater management development activities under the jurisdiction thereof meet the requirements of this section 8-4-5 specifically as listed below:

   A.   Process development permits in accordance with section 8-4-5-11 of this chapter;

   B.   Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of section 8-4-5-10-3 of this chapter;

   C.   Ensure that the building protection requirements for all buildings subject to subsection 8-4-5-10-3C of this chapter, are met and maintain a record of the "as built" elevation of the lowest floor (including basement) or floodproof certificate;

   D.   Assure that all subdivisions and annexations meet the requirements of section 8-4-5-8 of this chapter;

   E.   If a variance is requested, ensure that the requirements of section 8-4-5-15 of this chapter are met and maintain documentation of any variances granted;

   F.   Provide for the inspection of all development projects and take any and all actions outlined in section 8-4-5-7 of this chapter as necessary to ensure compliance with this section 8-4-5;

   G.   Assure that applicants are aware of any and all other required local, state, and federal permits;

   H.   Notify IDNR/OWR and any neighboring communities prior to any alteration or relocation of a watercourse;

   I.   Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques;

   J.   Cooperate with state and federal floodplain management agencies to coordinate base flood data and to improve the administration of this section 8-4-5;

   K.   Maintains copies of all applications and submittals, federal and state permits, variance, CLOMR, LOMR, CLOMA, LOMA, and all documentation associated with any of the foregoing for public inspection;

   L.   Maintain for public inspection base flood data, floodplain maps, copies of state and federal permits, and documentation of compliance for development activities subject to this section 8-4-5;

   M.   Perform site inspections and make substantial damage determinations for structures within the floodplain;

   N.   Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of subsection 8-4-5-10-3C of this chapter;

   O.   Maintains documentation and data on the cost of any improvement to a structure in the floodplain in order to enforce the provisions of this section 8-4-5 pertaining to the substantial improvements to such structures;

   P.   Upon receipt of an application for a development permit, the certified community or land use department shall compare the elevation of the site to the base flood elevation. Conversely, any development located on land shown to be below the base flood elevation and hydraulically connected, but not as shown on the current flood insurance rate map is subject to the provisions of this section 8-4-5. The land use department shall maintain documentation of this existing ground elevation prior to the date of the site's first flood insurance rate map identification; and

   Q.   Advises, consults and cooperates with other government agencies to promote the purposes of this section 8-4-5. (Ord. 2016-003, 3-8-2016)

   A.   The county administrator:

      1.   Supervises the enforcement of this section 8-4-5 by the certified communities, Grundy County land use department, and administrators;

      2.   Supervises the development, revision, and implementation of this section 8-4-5 by the committee and the county;

      3.   Acts as administrator for the review of permits for any community that requests such assistance, or designates such duties to a qualified individual or consultant;

      4.   Notifies all communities in the county, FEMA, and the IDNR-OWR of any amendments to this section 8-4-5; and

      5.   Administers wetland impacts and mitigation according to section 8-4-5-10-14 of this chapter except in certified communities under the regulations of this section 8-4-5.

   B.   The administrator:

      1.   Supervises the enforcement of this section 8-4-5 for individual projects;

      2.   Administers the qualified engineer review specialist and qualified wetland review specialist programs;

      3.   Maintains a current list of all regulatory maps that are enforced under this section 8-4-5;

      4.   Ensure that all required stormwater permits and approvals are achieved from agencies such as, but not limited to, federal, state, regional and county prior to an issuance of a stormwater permit;

      5.   Uses qualified engineer review specialist and qualified wetland review specialist for the review of permit applications and considers their recommendations in granting or denying any permit under this section 8-4-5, unless the review of the developer's qualified wetland review specialist indicates that there are no wetlands on site in which case the administrator may rely upon that review without having it independently verified;

      6.   Notifies adjacent communities in writing thirty (30) days prior to the issuance of a stormwater management permit involving the alteration or relocation of a watercourse; and

      7.   Ensures that all wetland impacts have been mitigated. (Ord. 2016-003, 3-8-2016)

In all cases when any action is taken by the administrator to enforce the provisions of this section 8-4-5, such action shall be taken either in the name of the county or the certified community, as the case may be, and neither the administrator, nor his or her designee, in so acting shall be rendered personally liable. (Ord. 2016-003, 3-8-2016)

The corporate authorities of each certified community within the county shall oversee the implementation and enforcement of this section 8-4-5 within its jurisdiction. (Ord. 2016-003, 3-8-2016)

The corporate authorities of each certified community within the county shall by separate resolution designate a decision making authority to perform the duties assigned to the decision making authority in this section 8-4-5. The decision making authority shall consist of the corporate authorities or any committee thereof, plan commission, zoning board of appeals, or other existing body, or the corporate authorities may, according to their own rules and procedures, establish a separate decision making authority. The county administrator shall act as the decision making authority for the county. The decision making authority, when considering an appeal or request for a variance under this section 8-4-5, may request an opinion of a qualified engineer, review specialist or qualified wetland review specialist on technical issues. (Ord. 2016-003, 3-8-2016)

Unless otherwise provided herein, service of any notice or other instrument under this section 8-4-5 may be made upon any person by the following:

   A.   By first class mail, postage prepaid, addressed to address then on file for such person, if any, or if none, to such person's last known address; or

   B.   By any method prescribed under the Illinois code of civil procedure. (Ord. 2016-003, 3-8-2016)

Unless otherwise provided herein, publication of any notice or other instrument under this section 8-4-5 shall be made by publishing such notice or other instrument once in a newspaper (and municipal or county website where possible) published within the community having jurisdiction over the matter to which the publication relates (or, if no newspaper is published within the community, then a newspaper published in the county and having a general circulation within the community), such publication being not less than fifteen (15) nor more than thirty (30) days before the public hearing or other event to which the publication relates. (Ord. 2016-003, 3-8-2016)

Pursuant to 55 Illinois Compiled Statutes 5/5-1062.2: The county shall enforce all of the provisions of this section 8-4-5 within: a) the unincorporated areas of the county, b) within the limits of any county highway, county right of way or any highway or right of way upon which the county is constructing or causing to be constructed a highway improvement or appurtenance, c) in connection with the development of any site owned by the county, d) within any portion of an uncertified community that lies within the county, and e) pursuant to intergovernmental agreement within any portion of an uncertified community that lies outside the county, all except as provided in section 8-4-5-14-7 of this chapter. For purposes of this section the terms "highway" and "right of way" shall have the meanings ascribed to them under the Illinois highway code 1 .

   A.   Unless such community has been certified under this section 8-4-5 to administer this section 8-4-5 before January 1, 2017, the county shall enforce the provisions of this section 8-4-5 within that portion of any certified community that lies within the county and pursuant to intergovernmental agreement, within that portion of any certified community that lies outside the county.

   B.   A community certified under this section shall enforce all of the provisions of this section 8-4-5 within the community for which it has received certification. (Ord. 2016-003, 3-8-2016)

Any community that wishes to enforce the provisions of this section 8-4-5 within its borders shall file a petition for certification and waiver of enforcement (petition for certification), on or before January 8, 2017. After January 8, 2017, petitions for certification may be filed during the month of June of each year. (Ord. 2016-003, 3-8-2016)

A petition for certification shall be filed with the county administrator. The petition need not be on any particular form but, at a minimum, shall set forth and be accompanied by the following:

   A.   The agreement of the corporate authorities of the community to adopt, if certified, this section 8-4-5 by reference;

   B.   The community's plan for the implementation and enforcement of this section 8-4-5, including proposed staffing;

   C.   The agreement of the corporate authorities of the community to include in any new annexation agreement a provision requiring every other party to the agreement to affirmatively agree to comply with the provisions of this section 8-4-5, as amended from time to time;

   D.   The agreement of the corporate authorities of the community that the community will follow the rules and procedures of the committee in any proceeding concerning its certification and be bound by the decision of the committee in granting or failing to grant, or suspending or revoking its certification and reasserting county jurisdiction over the enforcement of this section 8-4-5 within county boundaries of the community;

   E.   If a portion of the community lies outside the county and the community has not requested, or if requested does not receive, certification to administer this section 8-4-5, the agreement of the corporate authorities of the community to enter into, if certified to administer the remaining provisions of this section 8-4-5, an intergovernmental agreement with the county providing for the county's enforcement within those portions of the community lying outside the county;

   F.   Evidence of the community's ability to comply with the regulations of this section 8-4-5 pertaining to the use of qualified review specialists and qualified wetland review specialists; and

   G.   The list of projects to which this section 8-4-5 or some portion of this section 8-4-5 do not apply in accordance with this section 8-4-5. (Ord. 2016-003, 3-8-2016)

The committee shall consider each properly filed petition for certification at a regular or special meeting called for such purpose not later than sixty (60) days after the filing of the petition. This meeting may be continued. The committee may adopt rules for the taking of evidence and conduct of such meetings. (Ord. 2016-003, 3-8-2016)

Upon a finding of the committee that the community has complied with this section 8-4-5, that the community's plan for the implementation and enforcement of this section 8-4-5 is reasonably feasible, and that the community has demonstrated the ability to comply with this section 8-4-5-17, the committee shall grant the petition for certification. The committee's decision shall be made in writing, and shall specify the reasons for granting or denying the petition. (Ord. 2016-003, 3-8-2016)

   A.   Every certified community shall maintain adequate records of every stormwater management permit issued and every variance granted under this section 8-4-5 for development within its borders.

   B.   Every certified community shall retain record drawings of all improvements made pursuant to a stormwater management permit issued or variance granted by such community.

   C.   The records of each certified community maintained under this section 8-4-5 may be periodically inspected by the administrator.

   D.   Upon request, such records shall be provided electronically in native source to the county administrator. (Ord. 2016-003, 3-8-2016)

The committee may periodically review the implementation and enforcement of this section 8-4-5 by each certified community. (Ord. 2016-003, 3-8-2016)

   A.   The county administrator upon his own initiative or at the request of any person may conduct an investigation into a certified community's implementation and enforcement of this section 8-4-5. Such investigation may include, but is not limited to, an examination of all relevant records maintained by the community and field inspections of relevant developments, structures or stormwater facilities. If upon such investigation, the county administrator determines that the community has failed in some significant way, or has repeatedly failed, to implement or enforce this section 8-4-5, then they shall prepare a report of their findings along with a complaint for the suspension, revocation or partial revocation of the community's certification and file them with the committee. The complaint shall contain a short and plain statement describing how the certified community has failed in some significant way, or has repeatedly failed, to implement or enforce this section 8-4-5.

   B.   Upon receipt of a written complaint, the committee shall serve a copy thereof along with a copy of the report of the administrator upon the community named therein in accordance with this section 8-4-5. A copy of the complaint and report shall also be served upon any person or organization who has requested an investigation of the community's enforcement of this section 8-4-5 by the county administrator within six (6) months immediately preceding the filing of the complaint. The community may file a written answer to the complaint within thirty (30) days after being served. (Ord. 2016-003, 3-8-2016)

The committee shall conduct a hearing on the complaint not less than seventy five (75) nor more than one hundred twenty (120) days after service of the complaint upon the community. Notice of the hearing shall be served upon the community and all parties who received a copy of the complaint and published in accordance with section 8-4-5-16-8 of this chapter. The hearing may be continued. The committee may adopt rules for the taking of evidence and conduct of such hearings. (Ord. 2016-003, 3-8-2016)

Within thirty (30) days of the conclusion of the hearing, the committee shall decide whether or not to suspend or to revoke in whole or in part the certification of the community. The decision of the committee shall be in writing and shall include the specific findings and conclusions supporting its determination. A copy of the decision and order shall be served upon the community and all parties which received a copy of the complaint in accordance with section 8-4-5-16-7 of this chapter. The decision of the committee to suspend or to revoke the certification of the community in whole or in part is final and may not be appealed to any court. During the time of the suspension, the county administrator shall assume responsibilities of the issuance of stormwater management permits. If the community's certification is suspended, the community shall automatically become recertified upon the expiration of the period of suspension. If the community's certification is revoked in whole or in part, the community may reapply for certification at or after such time as the committee shall specify in its order of revocation. (Ord. 2016-003, 3-8-2016)

   A.   General Security Requirements:

      1.   To secure the performance of the developer's obligation to complete the construction of the stormwater facilities required by the stormwater management permit, and to pay all costs, fees and charges due under this section 8-4-5, and to fully comply with all of the provisions of this section 8-4-5, the applicant shall, prior to issuance of a stormwater management permit, complete the following:

         a.   Post the security provided in section 8-4-5-18-1 of this chapter;

         b.   Post the security provided in section 8-4-5-18-2 of this chapter if an erosion and sediment control plan is required under this section 8-4-5;

         c.   Post the security provided in section 8-4-5-18-3 of this chapter if mitigation for a wetland impact is required under this section 8-4-5 and the applicant chooses to mitigate within a wetland mitigation facility; and

         d.   Post a comprehensive security which includes the provisions for funds for stormwater management, erosion and sediment control, and wetland mitigation (where required by ordinance).

      2.   The applicant shall bear the full cost and responsibility of obtaining and maintaining the security required by this section. (Ord. 2016-003, 3-8-2016)

   A.   In all cases the applicant shall post:

      1.   A schedule, agreed upon by the applicant and the administrator for the completion of any stormwater facilities required by the permit;

      2.   A statement of the estimated probable cost to complete the construction of any stormwater facilities required by the permit which estimate is subject to the approval of the administrator; and

      3.   An irrevocable letter of credit in favor of the permitting authority or such other adequate security as the administrator may approve, in an amount equal to one hundred ten percent (110%) of the approved estimated probable cost to complete the construction of any required stormwater facilities.

   B.   The security required by this section shall be maintained by the applicant in favor of the permitting authority until all stormwater facilities required by the permit, other improvements as may be included in a comprehensive security are completed, improvements have been finally inspected and approved by the administrator, requirements of local ordinances have been completed, all conditions set forth in the permit have been satisfied and the applicant has complied with all the provisions of this section 8-4-5.

   C.   The administrator may approve periodic reductions in the amount of the security based upon the progress of construction and requirements of local ordinances. At no time, however, shall more than ninety percent (90%) of the security be released prior to approval of record drawings and final inspection. A minimum of ten percent (10%) of the original amount of the security shall be retained for a period of one year after completion of all required stormwater facilities. (Ord. 2016-003, 3-8-2016)

   A.   If an erosion and sediment control plan is required under this section 8-4-5 the applicant shall post:

      1.   A statement of the estimated probable cost to install and maintain the erosion and sediment control measures required by the plan which estimate is subject to the approval of the administrator; and

      2.   An irrevocable letter of credit in favor of the permitting authority or such other adequate security as the administrator may approve, in an amount not less than one hundred ten percent (110%) of the approved estimated probable cost to install and maintain the required erosion and sediment control measures.

   B.   The security required by this section shall be maintained by the applicant in favor of the permitting authority until construction is completed, inspected and approved for the following:

      1.   Erosion and sediment control.

      2.   Improvements listed within the comprehensive security.

      3.   Vegetation has been established.

      4.   Sediment has been removed from all stormwater facilities.

      5.   Requirements of the local ordinances. (Ord. 2016-003, 3-8-2016)

   A.   If mitigation for wetland impact is required under this section 8-4-5 and the applicant chooses to mitigate within a wetland mitigation facility, the applicant shall post:

      1.   A statement of the estimated probable cost to install, monitor and maintain the wetland mitigation facility required by the plan for five (5) years which estimate is subject to the approval of the administrator; and

      2.   An irrevocable letter of credit in favor of the county (or certified community when approved to administer wetland mitigation), or such other adequate security as the administrator may approve, in an amount not less than one hundred ten percent (110%) of the approved estimated probable cost.

   B.   The security required by this section shall be maintained by the applicant in favor of the county or community in a community certified to administrator this section 8-4-5 until found to meet the performance standards of this section 8-4-5. (Ord. 2016-003, 3-8-2016)

   A.   Letters of credit posted pursuant to this section shall be approved by the administrator.

   B.   Each letter of credit shall be drawn on an institution that is accepted by the administrator and has assets of at least ten million dollars ($10,000,000.00). The institution shall also have an office that is within the Chicago metropolitan area and is a member of the federal deposit insurance corporation.

   C.   Each letter of credit shall be:

      1.   Irrevocable;

      2.   Include language that states that in order to receive funds from the letter of credit that the applicant's consent is not required;

      3.   If at any time the letter of credit is within the one hundred twenty (120) day period prior to the expiration date, and it has not yet been renewed, a notice shall be sent to the administrator. If the applicant of the letter of credit has not completed the work or has completed the work in an unsatisfactorily manner, the administrator may within ten (10) days' notice and without being required to take any further action, present the letter of credit for payment and thereafter hold all proceeds as security for the satisfactory completion of all such obligations or employ the proceeds to complete all such obligations and reimburse the permitting authority for any and all costs and expenses, including legal fees and administrative costs, incurred by the permitting authority; and

      4.   Certified communities may use proprietary letter of credit language which meets or exceeds the requirements of this section.

   D.   If the administrator at any time determines that the amount of the letter of credit is not sufficient to pay the stormwater facility work secured through the letter of credit, the administrator may require that the letter of credit amount increase within one hundred twenty (120) days following a request in writing. The increase in the letter of credit shall be determined sufficient to complete all maintenance of all erosion control measures. Failure to increase the amount as suggested by the administrator shall be grounds for the administrator to present the letter of credit for payment.

   E.   If at any time the administrator determines that the bank issuing the letter of credit is without assets of at least ten million dollars ($10,000,000.00), is unable to meet any federal or state requirements for reserves, is insolvent, is in danger of becoming any of the foregoing, or is otherwise in danger of being unable to honor such letter of credit at any time during its term, or if the administrator otherwise reasonably deems the issuing bank to be insecure, then the administrator shall have the right to demand that the applicant provide a replacement letter of credit from a bank meeting all of the requirements listed within this section. Such replacement letter of credit shall be deposited with the administrator not less than ten (10) business days following such demand. Upon such deposit, the administrator shall return the original letter of credit to the issuing bank.

   F.   If the applicant fails to fully meet any of the obligations listed within this section, then the administrator shall present the letter of credit for payment and withhold all the proceeds as security for the satisfactory completion of all such obligations or employ the proceeds to complete all such obligations or otherwise mitigate the effects of such failure or refusal and may reimburse the permitting authority for any and all costs and expenses, including legal fees and administrative costs, incurred by the permitting authority. If as a result of such default, the remaining amount of the letter of credit is less than the amount otherwise required to be then maintained under this section, then the applicant shall, as requested by the administrator, immediately secure with the administrator such additional funds as the administrator determines to be required to be then maintained. (Ord. 2016-003, 3-8-2016)

The administrator may require, or in the limited circumstances prescribed in this section 8-4-5 an applicant may request approval of, the payment of a fee in lieu of site runoff storage to fulfill all or part of the site runoff storage requirement for a development. The fee shall be the lesser of the following:

   A.   The fee for each acre-foot or part thereof of storage otherwise required computed under schedule adopted for such purpose by the permitting authority; or

   B.   The verifiable cost of otherwise providing the required storage, including the value of the land required and all construction costs. For this purpose the land shall be valued according to the use to which it will ultimately be put if not used to provide the required storage. (Ord. 2016-003, 3-8-2016)

   A.   An applicant's request for approval of the payment of a fee in lieu of site runoff storage shall be submitted to the administrator. The administrator shall either grant or deny the request within forty five (45) days of receiving the request unless the applicant agrees to an extension.

   B.   Fees paid in lieu of runoff storage shall be deposited in a separate fund created specifically for that purpose. All receipts and disbursements of such funds shall be accounted for by the individual watershed in which the development is located.

   C.   Fees paid in lieu of site runoff storage shall be expended to plan, design, construct or improve stormwater management systems. Preference shall be given to projects that are within the same watershed as the proposed project in which the fees were paid. (Ord. 2016-003, 3-8-2016)

If wetland mitigation is required under this section 8-4-5 and the applicant requests to satisfy the mitigation requirement by paying a fee in lieu of mitigation, the applicant shall complete the following:

   A.   Prepare a statement of the estimated probable cost to acquire the land, install, monitor and maintain a wetland mitigation facility for five (5) years (which estimate is subject to the approval of the administrator), as if the applicant had chosen to satisfy the mitigation requirement by mitigating within a wetland mitigation facility; and

   B.   If mitigation credits are available from any wetland mitigation bank, the applicant shall also prepare a statement of the estimated probable cost of satisfying the mitigation requirement through the purchase of credits from a wetland mitigation bank (which estimate is subject to the approval of the administrator), as if the applicant had chosen to satisfy the mitigation requirement in such manner.

   C.   The fee in lieu of wetland mitigation to be paid under this section shall be the lesser of either subsection A or B of this section. (Ord. 2016-003, 3-8-2016)

   A.   An applicant's statement of its intention to satisfy the wetland mitigation requirement by the payment of a fee in lieu of wetland mitigation shall be in writing and filed with the administrator in a certified community, along with the estimates detailed in the preceding section.

   B.   Fees paid in lieu of wetland mitigation shall be deposited by the county administrator or certified community in a separate fund created specifically for this purpose. Clear records need to be kept that show all of the receipts and disbursements from these funds that are used within the individual watershed in which the fees have been paid.

   C.   Fees paid in lieu of mitigation for wetland impacts within the county shall be expended for the use of planning, design, construction, improvement, acquisition, creation or enhancement of wetlands within the county, or wetland mitigation facilities and wetland mitigation banks. Fees paid in lieu of mitigation for wetland impacts within any other county may be expended for the same expenses mentioned within this paragraph within the county, or wetland mitigation facilities and wetland mitigation banks.

   D.   File the qualified engineer review specialist statement with the county administrator. (Ord. 2016-003, 3-8-2016)

The review of an application for a stormwater management permit shall be performed by a qualified review specialist and a qualified wetland review specialist. The qualified review specialist and qualified wetland review specialist together with the administrator shall determine whether the permit application meets the requirements of this section 8-4-5. The administrator shall maintain a list of qualified review specialists and qualified wetland review specialists together with the categories of review in which they have obtained qualification. (Ord. 2016-003, 3-8-2016)

In order to be included on a list of qualified review specialists an applicant shall:

   A.   Be a registered professional engineer in the state of Illinois.

   B.   Have expertise either by training or significant experiences in the following areas:

      1.   Designing and permitting of stormwater management facilities;

      2.   Identification of floodplains and floodways, familiarity with FEMA and IDNR-OWR floodplain maps and their policies and procedures;

      3.   Erosion and sediment control practices and procedures; and

      4.   Construction practices and inspection procedures.

   C.   Complete, sign and professionally seal the qualified review specialist statement included in subsection 8-4-5-21B, "Appendix B; Qualified Engineer Review Specialist Statement", of this chapter.

   D.   File the qualified review specialist statement with the county administrator. (Ord. 2016-003, 3-8-2016)

In order to be included on the list of qualified wetland review specialists an applicant shall:

   A.   Complete a COE approved or other wetland delineation course approved by the county administrator;

   B.   Have a bachelor's degree in an earth science, biological science or engineering together with at least one of the following:

      1.   Three (3) years' (cumulative) full time experience in the Upper Midwest region engaged in consulting on wetland related projects;

      2.   The completion of one hundred (100) wetland delineations in the Upper Midwest region;

      3.   Three (3) years' (cumulative) full time experience engaged in consulting on wetlands related projects; or

      4.   One hundred fifty (150) hours spent in field review of wetland indications in the Upper Midwest region.

   C.   Have personally been involved with the design of at least ten (10) wetland mitigation areas;

   D.   Complete and sign the qualified wetland review specialist statement in the form included in subsection 8-4-5-21C, "Appendix C; Qualified Wetland Review Specialist Statement", of this chapter; and

   E.   File the qualified wetland review specialist statement with the county administrator. (Ord. 2016-003, 3-8-2016)

Within thirty (30) days of filing of the application, the county administrator will notify the applicant of their inclusion on the list of qualified engineer review specialists and/or qualified wetland review specialists, as the case may be. If the applicant is not accepted for inclusion on the list, the county administrator shall specify the reasons for his decision. Within thirty (30) days of the receipt of the county administrator's decision, the applicant may appeal the review specialist qualifications committee (hereafter referred to as the "RSQC") by filing with the county. The RSQC shall conduct a hearing on the appeal in the manner prescribed by sections 8-4-5-20-6 and 8-4-5-20-7 of this chapter from which the applicant may further appeal in the manner prescribed by section 8-4-5-20-8 of this chapter. (Ord. 2016-003, 3-8-2016)

The review specialist qualification committee (RSQC) shall be formed and consist of three (3) members from an annually updated listing of review specialists who comply with the specifications of section 8-4-5-20-2 of this chapter. Each member shall be a qualified engineer review specialist or qualified wetland review specialist as described herein. (Ord. 2016-003, 3-8-2016)

   A.   The county administrator upon their own initiative or at the request of any person may conduct an investigation into the qualifications of a qualified review specialist or qualified wetland review specialist, or such specialist's performance of permit reviews under this section 8-4-5. Such investigation may include, but is not limited to, an examination of all relevant records maintained by the community and field inspections of relevant developments, structures or stormwater facilities. If upon such investigation, the county administrator determines that the specialist has failed in some significant way, or has repeatedly failed to conduct such reviews in conformance with this section 8-4-5, then the county administrator shall prepare a report of their findings along with a complaint for the suspension or revocation of the specialist's certification and file that report with the RSQC. The complaint shall contain a short and plain statement describing how the specialist has failed in some significant way, or has repeatedly failed to conduct such reviews in conformance with this section 8-4-5.

   B.   Upon receipt of a written complaint, the RSQC shall serve a copy thereof along with a copy of the report to the county administrator upon the specialist named therein in accordance with section 8-4-5-16-7 of this chapter. A copy of the complaint and report shall also be served upon the communities directly associated with the complaint. The specialist may file a written answer to the complaint served by the county administrator within thirty (30) days after receiving the report. (Ord. 2016-003, 3-8-2016)

The RSQC shall conduct a hearing on the complaint not less than seventy five (75) nor more than one hundred twenty (120) days after service of the complaint upon the specialist. Notice of the hearing shall be served upon the specialist and upon any community which received a copy of the complaint and published in accordance with section 8-4-5-16-8 of this chapter. The hearing may be continued from time to time. The RSQC may adopt rules for taking the evidence and conduct of such hearings. (Ord. 2016-003, 3-8-2016)

Within thirty (30) days of the conclusion of the hearing, the RSQC shall decide whether or not to remove, either temporarily or permanently, the name of the specialist from the list of qualified review specialists. The decision of the RSQC shall be in writing and shall include the specific findings and conclusions supporting its determination. A copy of the decision and order shall be served upon the specialist and upon any community which received a copy of the complaint in accordance with section 8-4-5-16-7 of this chapter. If the specialist's name is to be temporarily removed from the list, the specialist shall automatically become prequalified upon the expiration of the designated period. If the specialist's name is to be permanently removed, the specialist may apply for qualification at or after such time as the RSQC specifies within its order. (Ord. 2016-003, 3-8-2016)

   A.   Within thirty (30) days after being served with the order from the RSQC, the specialist may appeal to the commission. The appeal shall be made by filing a notice thereof with the county administrator. The commission shall conduct a hearing on the appeal not less than seventy five (75) nor more than one hundred twenty (120) days after the filing of the notice of the appeal. The hearing shall be de novo. Notice of the hearing before the RSQC shall be served upon all applicable parties. The hearing may be continued from time to time. The commission may adopt rules for the taking of evidence and conduct of such hearings.

   B.   Within thirty (30) days of the conclusion of the hearing, the commission shall decide whether to affirm or reverse, in whole or in part, the order of the RSQC. The decision of the commission shall be in writing and shall include the specific findings and conclusions made by the commission to support their decision. A copy of the decision and order shall be served upon all parties in accordance with section 8-4-5-16-7 of this chapter.

   C.   Following a final decision of the commission, the specialist may appeal to the courts under the Illinois administrative review law. (Ord. 2016-003, 3-8-2016)

   A.   Appendix A; Watershed Boundaries:

      WATERSHED BOUNDARIES FOR MAJOR WATERSHEDS IN GRUNDY COUNTY

   B.   Appendix B; Qualified Engineer Review Specialist Statement:

      Qualified Engineer Review Specialist Statement

      I,                              , of                                         , with professional licensure in the State of Illinois, do hereby state that I have read and fully understand the Grundy County Stormwater Ordinance (hereafter referred to as the 'ordinance') and the Technical Guidance Manual. I also understand that it is my responsibility to also abide and understand all amendments to the ordinance. I affirmatively state that I meet the requirements set forth in Section 8-4-5-20 of the ordinance. I will review projects for compliance with the ordinance using my expertise in stormwater management system design, floodplain and floodway policies and procedures, soil erosion and sediment control procedures and practices, and construction practices and inspections, and permitting processing through federal and state organizations. I will exercise professional judgment with respect to projects submitted for my review in accordance with the customary standard of care applicable to persons providing similar services in the same or similar services in the same or similar communities in order to insure substantial conformance with the ordinance. I understand that failure to adequately discharge this obligation may, with due process, result in loss of this status. It is my responsibility to provide the Administrator with any changes to the information provided.

      Signature

      P.E. Registration Number Expiration Date

      (seal)

      Telephone:   

      Fax:    

      Email:    

      Employer:    

(Attach a one-page summary of your qualifications under 8-4-5-20 of the ordinance)