For the purpose of establishing rules and regulations for stormwater management, wetlands protection, and flood regulation, the Lake County Watershed Development Ordinance ("WDO"), as most recently amended by the County of Lake on July 11 ^th, 2023, is hereby adopted, and by this reference, incorporated as if fully set forth herein, with the exception of such portions as are expressly deleted or amended pursuant to Section 150.1805 of this Chapter.

(Ord. 78-13, J. 39, p. 240-241, passed 07/22/13; Ord. 22-2016, § 2, passed 2/8/16; Ord. O27-2021, § 2, passed 3/15/21; Ord. O50-2023, § 2, passed 9/11/23; Ord. 052-2023, § 2, passed 9/26/2023)

The following amendments to the WDO shall control whenever a conflict arises between the amendments set forth in this Section and the provisions of the WDO, as most recently amended by the County of Lake on July 11 ^th, 2023:

(A)

Section 300.06.C of the WDO shall be amended to read as follows:

300.06 Includes the total land area of an ownership parcel that results in:

* * *

C.

An impervious surface area ratio of 50 percent or greater, unless the total impervious surface area is less than 16,000 square feet.

* * *

(B)

Section 508.06 of the WDO shall be deleted in its entirety.

(C)

Sections 700.02.A and 700.02.B of the WDO shall be amended to read as follows:

700.02 The BFE shall be delineated by the 100-year flood profiles, as indicated on the floodplain studies noted in 700.02A through 700.02E:

A.

City Regulatory Floodplain profiles, approved by the City for regulatory use, are established by the following plans, the strictest of which will apply to all affected properties in the City:

1.

The Skokie River 100-year Flood Elevation, as established by Epstein Engineering Inc. and adopted by Ordinance 57-90 on December 10, 1990;

2.

The Middle Fork North Branch Chicago River 100-year Floodplain Report from Hydrocomp International, titled "Simulation of Discharge and Stage Frequency for Floodplain Mapping in the North Branch of the Chicago River," dated February 1971 and approved by P. Dittmar on December 7, 1973; and

3.

The FEMA Flood Insurance Study Maps and Profiles, as set forth in Appendix C.

B.

Should no City-approved Regulatory Flood-plain profile exist for the site, either: (1) the FEMA Flood Insurance Study Maps and Profiles, as set forth in Appendix C, or (2) SMC Regulatory Floodplain profiles, approved by the SMC for regulatory use after a 60-day public review and comment period and accepted by IDNR/OWR and FEMA for SMC regulatory use, as listed on the SMC website.

(D)

Section 706 of the WDO shall be amended to add the following Subparagraph 706.07:

706.07 No structure other than a fence shall be built within 125 feet of the center line of the channel of the East Fork (Skokie River) and/or the Middle Fork of the North Branch of the Chicago River, or the Regulatory Floodway, whichever is greater. No such fence shall be located in the floodway nor be constructed to restrict the passage of water.

(E)

Section 1400.01 of the WDO shall be amended to read as follows:

1400.01 Any permit applicant aggrieved by the denial or conditions of a Watershed Development Permit, Earth Change Approval, Conditional Approval, or Variance by a Certified Community's Enforcement Officer may request review thereof by the City Council within 30 days after the disputed act or actions; provided, however, that in the event that (a) the request for a variance is limited to a reduction of the FPE to a lesser elevation, and (b) the requested variance satisfies the conditions set forth in Section 1300.04 of the WDO, then, upon recommendation of the Enforcement Officer, the City Manager may grant such variance without a hearing being held before the City Council.

(F)

Section 602 of the WDO shall be amended to read as follows:

The Enforcement Officer may set turbidity or total suspended solids limits for development sites that discharge to Waters of the United States, Isolated Waters of Lake County or their buffers or that are in close proximity to the above, as determined by the Enforcement Officer. These standards shall apply to development site construction n up to the point of permanent site stabilization as determined by the Enforcement Officer.

(G)

Section 509.04 of the WDO shall be deleted in its entirety.

(Ord. 22-2016, § 3, passed 2/8/16; Ord. O27-2021, § 3, passed 3/15/21; Ord. O50-2023, § 3, passed 9/11/23; Ord. 052-2023, § 3, passed 9/26/23)

The Enforcement Officer shall be responsible for fulfilling all of the duties assigned to "Enforcement Officers" in the Lake County Watershed Development Ordinance, as adopted pursuant to Section 150.1801 of this Chapter.

(A)

To fulfill those duties, the Enforcement Officer should first use the criteria listed in Section 200.04 and Articles 3-10 of the Lake County Watershed Development Ordinance, as adopted pursuant to Section 150.1801 of this Chapter, to determine whether the development site is located within a floodplain.

(B)

In addition, the general requirements of the Lake County Watershed Development Ordinance, as adopted pursuant to Section 150.1801, shall be met for all developments meeting the requirements of this Article. The Enforcement Officer shall assure that all subdivision proposals meet the general requirements of this Article.

(C)

If a variance is to be granted for a proposal, the Enforcement Officer shall review the requirements of this Article to make sure they are met. In addition, the Enforcement Officer shall complete all notification requirements.

(D)

In order to assure that property owners obtain permits as required in this Article, the Enforcement Officer may take any and all actions as outlined in Article 12 of the Lake County Watershed Development Ordinance, as adopted pursuant to Section 150.1801 of this Chapter.

(Ord. 22-2016, § 4, passed 2/8/16)

Notwithstanding any other provision of this Code, including specifically, but without limitation, the provisions governing amendments to the Zoning Code set forth in Article XV of this Chapter, the City Council may consider and approve the amendment of any provision of Article XVIII without a prior public hearing, consideration, or recommendation by the Plan and Design Commission. Before exercising its powers under this Section, the City Council shall set, notice, and conduct a public hearing. No other procedure shall be required. Any amendment to this Article XVIII shall be evidenced by an ordinance duly adopted. The concurrence of four members of the City Council shall be sufficient to approve any ordinance adopted pursuant to the authority and power granted by this Section.

(Ord. 59-15, passed 6/8/15)

The provisions of this Article shall be deemed separable and the invalidity of any portion of this Article shall not affect the validity of the remainder. Furthermore, the text of this Article, as amended, shall not act to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. Where this Article and any other ordinance, easement, covenant, or deed restriction conflict or overlap, the more stringent restrictions shall control. This Article shall not affect the resolution heretofore adopted by the City of Highland Park in order to establish initial eligibility for the National Flood Insurance Program.

(Ord. 67-12, J. 38, p. 111-114, passed 10-08-12)