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1991-79RESOLUTION NO. 91- 79 A RESOLUTION CONCERNING THE PUBLIC HEARING DRAFT OF THE LAKE COUNTY WATERSHED DEVELOPMENT ORDINANCE WHEREAS, the Lake County Stormwater Management Commission has prepared a Draft Lake County Watershed Development Ordinance and is now soliciting public input on the Draft Ordinance; NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Buffalo Grove, Lake and Cook Counties, Illinois, as follows: 1. A review of the Draft Ordinance has identified the following problems: a. Page 6, item B.l.b(1) The 0.04 cfs per acre discharge rate for 2 -year events should be deleted since the detrimental effect on basins intended to serve recreational purposes with "dry bottoms" or "dry areas" would outweigh any benefits this provision might provide. This provision would swamp out the lower portion of areas intended for secondary recreational dry weather uses. b. Page 7, item B.1.C(1) This section should be deleted. This section is not clear as to what it means, but it appears to encourage drainage schemes that would be technically inappropriate in many areas and could greatly restrict the ability of local municipalities to work with developers to achieve locally desired multi- purpose usages (such as recreation) in stormwater detention areas. C. Page 18, item 4.a(1) and (2) Apparent typos need to be corrected to make these read correctly. d. The proposed wetland regulation provisions appear to create new regulations and another level of regulatory control over wetlands within municipal jurisdictions in addition to the existing federal regulations which are already very restrictive and already result in unreasonably slow processing of developmental proposals. ® W e. The draft wetlands regulation provisions which establish prohibitions against work in wetlands which are identified as having "exceptional value" pursuant to the U.S.E.P.A. Lake County Advanced Wetland Identification Study (ADID) might be highly objectionable if any of the low quality wetlands in the Buffalo Grove area or in the path of the Route 53 extension were to be identified in this report as having "exceptional value ". Since this study does not yet exist, it is not possible to evaluate the potential impacts of these provisions. f. Aside from the wetlands regulatory aspects of the draft ordinance, the ordinance appears to provide for a significant degree of administrative interpretation and flexibility which might be utilized to create an unreasonably restrictive impediment to development and other capital improvement projects which would be implemented in accordance with municipal comprehensive planning objectives, although it also appears possible that the flexibility which is written into the draft ordinance could be utilized to accomplish an effective administrative implementation of reasonable drainage policies. g. Since the technical reference manual is not available for simultaneous review with the draft ordinance, the entire effect of the ordinance could be significantly altered at such time the reference manual is finalized. h. Appendix B does not properly include reference to the Village of Buffalo Grove Flood Insurance Study. 2. The Lake County Board is urged to defer approval of the draft ordinance until the above noted problems are fully corrected. a 0 3. The Village Manager is authorized and directed to transmit this Resolution to the Lake County Stormwater Management Commission and the Lake County Board. AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 0 - None PASSED: November 4 APPROVED: November 4 ATTEST:, &Aela-w- Villiije Clerk APA69 , 1991 , 1991 VIttED Bum" GROVE puwc w� S LAKE COUNTY WATERSHED DEVELOPMENT ORDINANCE of LAKE COUNTY, ILLINOIS PUBLIC HEARING DRAFT September 1991 Prepared by the LAKE COUNTY STORMWATER MANAGEMENT COMMISSION PUBLIC HEARING DRAFT LAKE COUNTY WATERSHED DEVELOPMENT ORDINANCE September 1991, TABLE OF CONTENTS Title Paoe INTRODUCTION . . . . . . . . ARTICLEI: PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE II: ORDINANCE ENFORCEMENT . . . . . . . . . . . . . . . . . . . . 2 ARTICLE III: COMMUNITY CERTIFICATION . . . . . . . . . . . . . . . . . . 3 A. CRITERIA . . . . B. . . . . . . . . . . . PROCESS . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE IV: WATERSHED DEVELOPMENT PERMITS . . . 4 A. GENERAL ' 1. Regulated Development . . . . . . . . . . . . . . . 4 2. Development Classification . . . . . . . . 5 3. Permit Fees . . . . . . . . . . . . . . . . . . . . 5 4. Contiguous Property . . . . . . . . . . ' . 5 5 B. ALL DEVELOPMENT . . . . . . . ' . . . . . . . . . 1. Performance Standards . . . . . . . . . . . . 6 a. Runoff Calculations . . . . . . . . 6 b. Release Rates and Discharges . . . . . . . . . . 6 C. Runoff Volume Reduction Hierarchy . . . . . . . . . 7 d. Fee -in -Lieu of On -Site Detention . . . . . . . . 7 e. Detention Facility . . . . . . . . g f. Storm Sewer . . . . . . . . . . . . . . . . . 8 . g. Streams and Channels . . . . . . . . . . 8 h. Lakes, Ponds and Wetlands . . . . . . . 9 i. Buffer Area . . � . . 9 j. Soil Erosion and Sediment Control 11 2. Application Requirements . . • 13 a. Application Requirementsfor•Minor Developments . . 13 b. Application Requirements for Major Developments . . 13 C. FLOODPLAIN DEVELOPMENTS . . . . . . . . . 15 1. General Information *to . 15 2. Performance Standards Applicable all Floodpiain Development • • • 3. Additional Performance Standards fortheFloodFringe . . . 16 17 4. Additional-Performance Standards for the Floodway (IDOT /DWR Regulations) . . 18 S. Special Considerations for theConstruction of New . Bridges or Culvert Crossings and Roadway Approaches 21 6. Additional Plan Submittal Requirements for Floodplain . Development . . . . . D. . . . . . . . . WETLAND PROVISIONS . . ' . . . . . ' 22 . . . . 1. Wetland Performance Standards . . . . . 22 . 22 2. Submittal Requirements . . . . . . E. . . PUBLIC ROAD DRAINAGE PERMIT REQUIREMENTS • . . . . . . 25 27 1. Performance Standards . . . . . . . . . . 27 2. Submittal Requirements . . . .... . 27 -i- fir �,,� � • . r r TABLE OF CONTENTS (CONTINUED) -ii- Pte_ Title ARTICLE V: VARIANCES AND APPEALS . . . . . . . . . . . . . . . . . . 27 . . 27 A. VARIANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 B. APPEALS . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE VI: INSPECTIONS AND ACCESS . . . . . . . . . . . . . . . . . . . . 28 ARTICLE VII: STORMWATER RECORDS . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE VIII: PENALTIES AND LEGAL ACTIONS . . . . . . . . . . . . . . . . 29 ARTICLE IX: DISCLAIMER OF LIABILITY . . . . . . . . . . . . . . . . . . . 29 . . 30 ARTICLEX: SEPARABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . 30 ARTICLE XI: EFFECTIVE DATE . . . . . . . . . . . . . . . . . . . APPENDIX A . . . 31 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . APPENDIX B . 37 REGULATORY FLOODWAY MAPS . . . . . . . . . . . . . . . . . . . . \ 6 '° co /(A'ri -ii- ARTICLE II: ORDINANCE ENFORCEMENT A. This Ordinance is enacted pursuant to the police powers granted to Lake County by Illinois revised Statutes, 1989, Chapter 34, Par. 5 -1062 and Chapter 19, Par. 52 et seq. and 65(g). The administration and enforcement of this Ordinance shall be performed by (a) certified communities, within their respective jurisdictions and (b) the Stormwater Management Commission, and its agents or employees, in all other areas of Lake County. B. In Certified Communities, the appropriate development regulations officer shall be the Enforcement Officer for the Ordinance. In all other areas of Lake County, the SMC Director shall be the Enforcement Officer. C. The preparation of plats, replats. and Planned Unit Development (PUD) are not included in the "Development" definition of this Ordinance thus a Watershed Development Permit is not required prior to approval of plats, replats and Planned Unit Development. However, the following provisions do apply: 1. The performance standards for all development [Article IV, Section C) shall be considered in site planning and appropriately addressed in the drainage plan component of plats, replats and Planned Unit Developments. 2. In addressing Article IV, Section C - lc "Runoff Volume Reduction Hierarchy" streets, blocks, lots, easements, parks and other public grounds shall be located and lined out in such a manner as to preserve and utilize natural streams and channels whenever possible (IDOT /DWR, Section 1100.3). 3. Plats, replats and PUDs shall include a signed statement by a Registered Professional Engineer that the plat, replat or PUD accounted for changes in the drainage of surface waters in accordance with the Plat Act (NFIP /IDOT -DWR Section 1100.1) 4. The Enforcement Officer shall approve all plats, replats and PUDs to assure that the development plans are consistent with this Ordinance [NFIP /IDOT -DWR Section 1100.1.) D. Whenever an Enforcement Officer finds a violation of this Ordinance, or of any permit or order issued pursuant thereto, within their respective jurisdiction, the Enforcement Officer may issue a stop work order on all development activity on the subject property or on the portion of the activity in direct violation of the Ordinance. In every case, the Enforcement Officer shall issue an order which (1) describes the violation (2) specifies the time period for remediation and (3) requires compliance with the Ordinance prior to the completion of the activity in violation. E. Adopted Basin Plans will be the basis for more specific regulations, if necessary and appropriate. These additional or more specific regulations will apply only in the specific study area of the Basic Plan and supersede those of the Ordinance. F. Among the causes for terminating a permit during its term or for denying a permit extension include, but are not limited to the following: 1. Noncompliance with any condition of the permit, or -2- September 1991 PUBLIC HEARING DRAFT Lake County Watershed Development Ordinance September 1991 INTRODUCTION This Ordinance sets forth the minimum requirements for the stormwater management aspects of development in Lake County. The Lake County Stormwater Management Commission is the corporate enforcement authority for the Ordinance. Illinois Revised Statutes Chapter 34, Section 5 -1062 states, "The purpose of this Section is to allow management and mitigation of the effects of urbanization on stormwater drainage... by consolidating the existing stormwater management framework into a united, countywide structure ." The Lake County Comprehensive Stormwater Management Plan, adopted by Ordinance on June 11, 1990 states, "... that the regulations be uniformly and consistently enforced throughout the County by all agencies." The Lake County Stormwater Management Commission has determined that uniform and consistent enforcement will be enhanced by municipalities adopting the standards of the Watershed Development Ordinance. Individual municipalities may have additional or more stringent requirements. In those instances where the requirements of this Ordinance are not stipulated in a municipal ordinance or do not meet the minimum requirements herein, this Ordinance shall prevail. ARTICLE I: PURPOSE The purpose of this ordinance is to establish reasonable rules and regulations for development in order to: A. Minimize harm due to periodic flooding including loss of life and property and threats and inconveniences to public health, safety and welfare; and B. Assure that new development does not increase flood and drainage hazards to others, or create unstable conditions susceptible to erosion; and C. Lessen the financial burden on the taxpayer for flood control projects, repairs to flood damaged public facilities and utilities, and for flood rescue and relief operations; and D. Protect, conserve and promote the orderly development of land and water resources; and E. Protect buildings and improvements to buildings from flood damage to the greatest extent possible; and F. Conserve the natural hydrologic, hydraulic, water quality and other beneficial functions of watercourses, floodplains and wetlands; and G. Prevent disruption of the economy and governmental services due to stormwater and flood drainage; and H. Maintain eligibility for the County and its municipalities in the National Flood Insurance Program by equalling or exceeding its requirements and thus make federally subsidized flood insurance available at reduced rates. no D ARTICLE III: COMMUNITY CERTIFICATION 4. The SMC shall approve the petition as submitted, shall approve the petition with conditions or shall deny the petition. A notice of the SMC action shall be submitted to the petitioning community. 5. Certified Communities shall petition for recertification every three (3) years. Communities with Provisional Certification shall petition for Certification as stipulated in the interagency agreement but no later than three (3) years from receiving Provisional Certification. 6. Within the three (3) year certification period, the SMC Director may periodically review the community's Ordinance enforcement records and performance and make remedial recommendations to the community, if necessary. Review findings will be used in the assessment of petitions for recertification from Certified Communities and petitions for Certification from communities with Provisional Certification. ARTICLE IV: WATERSHED DEVELOPMENT PERMITS A. GENERAL 1. Regulated Development No person, firm, corporation or governmental agency, unless specifically exempted shall commence any development regulated by this Ordinance on any lot or parcel of land without first obtaining a Watershed Development Permit from the Stormwater Management Commission or, if applicable, the certified community. No permit shall be issued if the proposed development fails to meet the requirements of this Ordinance or its certified community equivalent. The following activities are exempt: a. Any development which does not require an Illinois Department of Transportation- Division of Water Resources permit, is not located in a Regulatory Floodplain, does not disturb a cumulative total of one (1) or more acres of wetlands, and does not occur in a watercourse where the tributary drainage area is five (5) or more acres; and will be in accordance with one of the following conditions: (1) Single family detached residential developments with four (4) or fewer units, or (2) Multi- family, non - residential, and other developments of less than three (3) acres in size; and which will result in an impervious surface area of less than 50% of the development site, or (3) Any public road construction project resulting in less than one (1) acre of additional impervious surface. -4- September 1991 ARTICLE II: ORDINANCE ENFORCEMENT 2. The permittee's failure to disclose fully all relevant facts in the application process or the permittee's misrepresentation of any relevant facts at any time, or 3. If the authorized work is not commenced within twelve months after issuance of the permit or, if the authorized work is suspended or abandoned, for a period of six months after the time of commencing the work, unless an extension has been granted in writing by the Enforcement Officer. ARTICLE III: COMMUNITY CERTIFICATION Upon certification, the community's designated Enforcement Officer shall enforce all provisions of this Ordinance within the community's jurisdiction. The criteria and process for certification follow: A. CRITERIA 1. The community is participating in the regular phase of the National Flood Insurance Program. 2. The community has adopted and is enforcing the provisions of this Ordinance. 3. The community forwards appropriate portions of Floodway Development applications to IDOT /DWR for concurrent review and approval. 4. The community maintains records and provides SMC with certain portions of these records as described in Article VII (Stormwater Records). 5. A community which will not have sufficient capacity to implement all provisions of this Ordinance by the effective date of this Ordinance, but intends to develop full capacity (with SMC support) within a reasonable period of time, may petition the SMC for Provisional Certification. After an interagency agreement is approved, Provisional Certification will be issued. The interagency agreement will define the partial level of Ordinance implementation by the community, the process of interaction between the community and the SMC and the timetable for staff capacity development for full Ordinance implementation. B. PROCESS 1. Communities desiring certification shall submit a letter of intent to petition for Certification or Provisional Certification to the SMC. 2. A petition for Certification or Provisional Certification shall be submitted to the SMC within of a letter of intent. 3. Within 60 days of receipt of the petition and in conjunction with a regularly scheduled SMC meeting, a public hearin shall be held and the staff recommendation shall be presented. -3- September 1991 B. ARTICLE IV: STORMWATER MANAGEMENT PERMITS that has contiguous lots or parcels of lands owned by the same property owner, then the criteria as defined in this section will be applied to the total land area compiled from aggregate ownership parcels. If this aggregate ownership land area is greater than the minimum area requirements defined in Article IV Section A.1, then a Watershed Development Permit will be required. ALL DEVELOPMENT The following performance standards, application requirements and other provisions apply to all development requiring a permit. Subsequent sections include additional provisions for development in a floodplain, floodway and /or disturbs wetlands. 1. Performance Standards a. Runoff Calculations (1) For areas 100 acres or greater, and for the determination of detention storage requirements, an SMC approved hydrograph - producing runoff calculation method shall be used. (2) The Rational Method may be used to calculate discharges for areas of less than 100 acres. The Rational Method shall not be used to determine detention storage requirements. (3) Bulletin 70 (Table 13), prepared by the Illinois State Water Survey shall be used in determining design rainfall. (4) Runoff calculations for all undeveloped tributary land shall be based on anticipated future land use or existing conditions whichever yields the greater runoff. Calculations shall be based on existing storage facilities only unless approved by the SMC. b. Release Rates and Discharges (1) Unless otherwise specified in an SMC- adopted Basin Plan, release rates shall not exceed 0.04 cubic feet per second per acre for the 2 -year, 24 -hour storm event nor 0.15 cubic feet per second per acre for the 100 -year, 24 -hour storm event. (2) All concentrated stormwater discharges leaving a site must be conveyed into a well- defined receiving channel with adequate downstream stormwater capacity. (3) All areas of the development must be provided an overland flow path that will pass the 100 -year flow without damage to structures or property. (4) The design of stormwater drainage systems shall not result in the interbasin transfer of drainage, unless no reasonable alternative exists and there is no legal restraint preventing such transfer. Q-m September 1991 0 ARTICLE IV: STORMWATER MANAGEMENT PERMITS b. Any development which prior to the effective date of the Ordinance has obtained: (1) An approved building permit, or (2) From an appropriate municipality or from Lake County, an approved preliminary plat, which includes a preliminary engineering study consistent with ordinances then enforced by the appropriate municipality or Lake County. 2. Development Classification All activities requiring a Watershed Development Permit shall be classified as a minor, major, or roadway construction developments. The definition for each classification follows: a. A minor development is defined as any development which does not require an Illinois Department of Transportation- Division of Water resources permit, is not located in a Regulatory Floodplain, does not disturb a cumulative total of one (1) or more acres of wetlands, and does not occur in a watercourse where the tributary drainage area is five (5) or more acres; and will be in accordance with one of the following conditions: (1) Single family detached residential development of less than five (5) acres, or (2) Single family detached residential development of five (5) acres or more with a gross density of less than .5 unit per acre, and an impervious cover area of less than fifteen (15) percent, or (3) Multi- family, non - residential and other developments of less than three (3) acres requiring a Watershed Development Permit. b. A public road development is defined as any road construction project which takes place in a highway right -of -way or part thereof that is administered by a local authority under its respective highway jurisdiction. C. A major development is defined as all other development. 3. Permit Fees A schedule of fees in accordance with the provisions of this ordinance shall be established by separate resolution of the SMC. A separate fee schedule shall be developed and implemented by certified communities. 4. Contiguous Property In order to preclude inappropriate phasing of developments to circumvent the intent of this Ordinance, when a proposed development activity will occur on a lot or parcel of land -5- September 1991 ARTICLE IVs STORMWATER MANAGEMENT PERMITS SMC Master Plan or the SMC determines that such an exemption will-not result in negative impacts to the drainage system. e. Detention Facilities (1) All stormwater infiltration, retention and detention facilities shall be provided with an overflow structure capable of passing the 100 - year inflow rate. (2) Single pipe outlets shall have a minimum inside diameter of 12 inches. If design release rates call for smaller outlets, structures such as perforated risers, or flow control orifices shall be used. (3) Detention facilities side - slopes shall be no steeper than 3H:1V. (4) Stormwater infiltration, retention and detention facilities required to meet a development's discharge requirements shall be designed to by- pass tributary flow unless approved by the SMC or the certified community. (5) Any work involving the construction, modification or removal of a dam as defined in Article II per 92 III. Adm. Code 702 (Rules for Construction of Dams) shall obtain an Illinois Division of Water Safety permit prior to the start of construction of a dam. f. Storm Sewer (1) The 10 -year design storm shall be used as a minimum for the design of storm sewers and appurtenances. (2) Connections to sanitary sewers or existing agricultural drainage systems (tiles) will not be permitted for new developments. Field tile systems disturbed during the process of land development must be reconnected by those responsible for their disturbance unless the approved drainage plan includes provisions for these. (3) All storm sewers shall be located in a public road right -of -way or maintenance easement of sufficient size to maintain or re- construct the sewer. (4) Within the parcel being developed, an overflow easement shall be provided which conveys the portion of the 100 -year runoff not carried in a storm sewer. g. Streams and Channels (1) Natural streams and channels are to be conserved to the greatest extent possible. (2) If channel modification occurs, the physical characteristics of the modified channel shall -8- September 1991 ARTICLE IV: STORMWATER MANAGEMENT PERMITS C. Runoff Volume Reduction Hierarchy (1) An applicant shall choose a strategy to meet the release rate requirements which minimizes the increase in runoff volumes and rates from the development. The applicant shall use the following hierarchy in preparing a drainage plan: 1) Preservation of floodplains and wetland areas; 2) Minimization of impervious surfaces to be created on the property; 3) Flow attenuation by use of open vegetated swales and retention of existing natural stream channels; 4) Infiltration of runoff onsite; 5) Stormwater retention structures; 6) Wet detention structures; 7) Dry detention structures; 8) Storm sewers. d. Fee -in -Lieu of On -Site Detention (1) The SMC may require, or the applicant may request, the payment of a fee -in -lieu of on -site detention to fulfill all or part of the on -site detention requirement for a development. The SMC will request a fee -in -lieu of on -site detention or will reject its use at the pre - application meeting unless additional engineering studies are required. (2) The SMC may reject any request to use a fee -in- lieu of on -site detention by the applicant which the SMC determines does not benefit the drainage system. (3) Fee -in -lieu of on -site detention shall be the lesser of: 1) the fee computed for each acre foot of storage exempted in accordance with the procedures and schedules defined in the Technical Reference Manual or 2) the estimated cost, as verified by SMC of the applicant's proposed and approved on -site detention, including land costs had the SMC allowed its construction. (4) A fund will be maintained for each watershed for the purpose of identifying and controlling all revenues and expenses derived from stormwater drainage services resulting from fee -in -lieu of on -site detention exemptions. All fees -in -lieu of on -site detention received from each watershed shall be deposited in these funds. Disbursements for costs to mitigate stormwater impacts of developments shall be made from the appropriate watershed fund. (5) Criteria The following requirements must be met before a fee -in -lieu of on -site detention will be utilized: (a) ' The downstream drainage system has adequate stormwater capacity; and (b) The elimination of on -site detention facilities is consistent with an approved -7- September 1991 1-1 ARTICLE IV: STORMWATER MANAGEMENT PERMITS (i) Linear waterways with an ordinary high water mark between the banks of greater than 20 feet shall have a minimum buffer width of 30 feet on each side of the waterway. (ii) Linear waterways with an ordinary high water mark between the banks of less than 20 feet shall have a minimum buffer width of 20 feet on each side of the waterway. (b) Water body buffers encompass all non- linear bodies of water and include wetlands, lakes and ponds. (i) For all water bodies with a surface area greater than one (1) acre, a minimum buffer width of 30 feet, extending from the delineated water body boundary, shall be established. (ii) For all water bodies with a surface area less than or equal to one (1) acre, a minimum buffer width shall be established such that the area of the buffer is one -half (1/2) the area of the water body, to a minimum width of 10 feet. (2) Buffer areas shall be made up of native vegetation. The use of native riparian vegetation is preferred in the buffer strip. (3) The boundary of the buffer area for lakes, ponds and streams shall be determined by reference to the water body's ordinary high water mark. For wetlands the boundary of the buffer area shall be determined by the wetland delineation report. A property may contain a buffer area which originates from a water body on another property. (4) Constructed stormwater management features may not be located such that the required boundaries of buffer areas extend into adjoining property or the ultimate boundaries of public right-of- way as determined by the local road authority. (5) If an existing buffer area is disturbed during the construction, a vegetated buffer strip shall be established upon completion of construction. (6) Access through buffer areas shall be provided, when necessary, for water body or waterway maintenance purposes. (7) Roadside drainage ditches, swales draining five acres or less, and detention facilities are exempt from buffer requirements. (8) Where practical, stormwater shall discharge into a buffer area in place of directly into a water body. Such discharges shall enter the buffer as unconcentrated flow with appropriate energy -10- September 1991 97M ARTICLE IVt STORMWATER MANAGEMENT PERMITS meet existing channel in length, cross- section, slope and sinuosity to the greatest extent possible. (3) All on -site stormwater conveyance channels should be designed and constructed to withstand the expected velocity of flow from a 10 -year frequency storm without erosion. Stabilization adequate to prevent erosion shall' be provided at the inlets and outlets for all pipes transitions and paved channels. (4) Removal of streamside (riparian) vegetation shall be limited to one side of the channel, where possible. (5) Clearing of channel vegetation shall be limited to that which is essential for construction of the channel. (6) Channel banks shall be constructed with a side slope no steeper than 3H:1V. (7) All disturbed areas associated with a channel modification shall be seeded or otherwise stabilized immediately upon completion of site grading construction. (8) If channels are modified an effective means to reduce sedimentation and degradation of downstream water quality must be installed before excavation begins. (9) New or relocated channels shall be built in the dry and all items of construction, including vegetation, shall be completed prior to diversion of water into the new channel. (10) A minimum maintenance easement of 12 feet is required along one side of all channels draining 5 or more acres. Channels greater than 20 feet in width require a 12 foot easement along both banks. All drainage easements shall be accessible to vehicular equipment; however, linear accessibility for vehicular equipment is not required. h. Lakes, Ponds and Wetlands (1) All direct discharges of stormwater into wetlands or existing lakes and ponds due to new development shall be required to divert and retain the initial one -half inch of runoff immediately before the outlet. i. Buffer Areas (1) Buffer areas are divided into two types; linear buffers and water body buffers. (a) Linear buffers are located along all linear watercourse and include channels, creeks, streams and rivers. -9- September 1991 a ARTICLE IV: STORMWATER MANAGEMENT PERMITS disturbance of the channel. Permanent or temporary vegetation shall not be considered established until sufficient ground cover is achieved which is mature enough to control erosion. (e) Disturbed areas draining less than 1 acre, shall be protected by a filter barriers (including filter fences, straw bales, or equivalent control measures) to control all off -site runoff. Vegetated filter strips, with a minimum width of 25 feet, may be used as an alternative only where runoff in sheet flow is expected. Disturbed areas draining more than 1 but less than 5 acres, shall be protected by a sediment trap or equivalent control measure at a point downslope of the disturbed area. Disturbed areas draining more than 5 acres, shall be protected by a sediment basin or equivalent control measure at a point downslope of the disturbed area. (f) When development activity is to take place in streams or channels, construction vehicles shall be kept out of the watercourses to the maximum extent possible. Construction vehicles shall cross flowing streams by the means of bridges or culverts except when such methods are not feasible. Where an existing crossing is not available, a temporary crossing shall be constructed. (g) All storm sewer facilities which are or will be functioning during construction shall be protected, filtered, or otherwise treated to remove sediment. (h) If dewatering services are used, adjacent properties shall be protected. Discharges shall enter an effective sediment and erosion control measure. (i) All temporary erosion and sediment control measures shall be removed within 30 days after final site stabilization is achieved or after the temporary measures are no longer needed. Trapped sediment and other disturbed soil areas should be permanently stabilized. (j) A stabilized mat of aggregate underlain with filter cloth shall be located at any point where traffic will be entering or leaving a construction site to or from a public right -of -way, street, alley or parking area. -12- September 1991 9 ARTICLE IV: STORMWATER MANAGEMENT PERMITS dissipation measures to prevent excessive erosion and scour. (9) All buffer areas shall be maintained free from development including disturbance of the soil, dumping or filling, erection of structures and placement of impervious surfaces except as follows: (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 (10) feet. If the path leads to a wetland, it must be a winding path. (b) Structures and impervious surfaces may occupy a maximum of 20 percent of the required buffer area provided the runoff from such facilities is diverted away from the water body or such runoff is directed to enter the buffer area as unconcentrated flow. (c) Utility maintenance and maintenance of drainage facilities and drainage easements shall be permitted. (d) Anchoring and placement of boat docks and piers. j. Soil Erosion and Sediment Control (1) Soil erosion and sediment control related measures are required for any land disturbance activity permitted under Article IV A. The following requirements shall be met: (a) Soil disturbance shall be conducted in such a manner as to minimize erosion. Soils stabilization measures shall consider the time of year, site conditions and the use of temporary or permanent measures. (b) Properties and waterways located downstream from development sites shall be protected from erosion and sedimentation. At points where concentrated flow leaves a site, stable downstream facilities are required. (c) Soil erosion and sediment control features shall be constructed prior to the commencement of upland disturbance. (d) Permanent or temporary soil stabilization shall be applied to disturbed areas within 15 calendar days of the end of the active disturbance of the soil. Permanent soil stabilization measures shall be applied to channels (including bed and banks) Oithin 15 calendar days of the end of primary -11- September 1991 0 0 ARTICLE IV: STORMWATER MANAGEMENT PERMITS existing and proposed elevations, normal water and calculated high water elevations. (4) A vicinity map shall be included along with the parcel identification numbers of all parcels comprising the proposed development. (5) A report describing the hydrologic and hydraulic analyses performed for the project. The report shall include the name of stream or body of water affected, a statement of purpose of proposed activity, anticipated dates of initiation and completion of activity, a detailed determination of the runoff for the project site under existing and developed conditions. This includes documentation of the design volumes and rates of the proposed runoff for each portion of the watershed tributary to the drainage system and the effects the improve- ments will have upon the receiving channel and high water elevations. Runoff calculations shall include all discharges entering the site from upstream areas. (6) A report describing how the Runoff Volume Reduction Hierarchy (as described in Article IV B.l.c.) was used in evaluating the stormwater management needs of the site. (7) For detention facilities, a report which includes a plot or tabulation of storage volumes and water surface areas with corresponding water surface elevations, stage - discharge or outlet rating curves, and design hydrographs of inflow and outflow for the 2 -year, 24 -hour and the 100 - year, 24 -hour storm events under existing and developed conditions. (8) A Soil Erosion and Sedimentation Control Plan for all disturbed areas which includes: (a) A site map prepared at the same scale as the drainage plan that identifies both temporary and permanent vegetative and structural erosion and sediment control measures to be implemented. (b) A narrative description of the sequencing of grading and soil disturbance and construction activities, the temporary and permanent sediment and erosion control measures to be implemented to mitigate any negative effects of grading including: supporting calculations; estimated schedule for installing, maintaining and removing both temporary and permanent structures; and the final stabilization and revegetation measures. (9) A Maintenance Plan for the ongoing maintenance of all drainage system components including wetlands is required prior to plan approval. The plan shall include: -14- September 1991 2. ARTICLE IVs STORMWATER MANAGEMENT PERMITS (2) Maintenance All temporary measures and permanent erosion and sediment control must be continuously maintained in an effective working condition. Application Requirements a. Application Requirements for Minor Developments (1) Name and legal address of the applicant. (2) Common address and legal description of the site and the parcel identification number where the development will take place. (3) A general description of the existing and proposed drainage system including all discharge points, collection, conveyance, and storage facilities. (4) A grading plan showing proposed and existing contours. (5) A site drainage plan locating drainage features, -13- September 1991 stormwater management facilities, floodplains and wetlands boundaries. (6) An area drainage plan locating the proposed development in the watershed. (7) A description and depiction of measures to be taken to control erosion. b. Application Requirements for Major Developments (1) Name and legal address of the applicant, and common address of the location where the development will take place, mailing address of the property owner and the applicant or applicant's agent's signature. (2) A topographic map of the existing conditions of the development site showing the location of all roads, all drainageways, the boundaries of predominate soil types, the boundaries of predominate vegetation, and the location of any drainage easements, detention or retention basins, including their inflow and outflow structures, if any. The map shall also include the location, size and flowline elevations of all existing storm or combined sewers and other utility lines within the site. The map shall be prepared using a minimum 2 -foot contour interval and shall be prepared at an appropriate scale for the type of project and shall include specifications and dimensions of any proposed channel modifications, location and orientation of cross- sections, if any, north arrow, and a graphic or numerical scale; (3) Include cross - section views for the drainage system showing existing and proposed conditions including principal dimensions of the work, and -13- September 1991 2. LM-1 I I ARTICLE IV: STORMWATER MANAGEMENT PERMITS (2) For a non-riverine floodplain, the historic Flood of Record plus three feet may be used for the BFE instead of a study. C. Nothing contained herein shall prohibit the application of these regulations to land which can be demonstrated by engineering survey to lie within any floodplain. Conversely, any lands which can be demonstrated, to the satisfaction of the Enforcement Officer, by an engineering study certified by a registered professional engineer to lie beyond the floodplain shall not be subject to the regulations of this section. However, until a Letter of Map Amendment (LOMB) is received, the site will be considered in the floodplain for flood insurance purposes. Only IDOT /DWR or FEMA can determine if lands lie beyond the floodway. Performance Standards Applicable to all Floodplain Development The standards of this section apply to all floodplain development except when superseded by more stringent requirements in the subsequent sections. a. Modification and disturbance of natural riverine floodplains shall be avoided to the greatest extent practicable to protect existing hydrologic and environmental functions. Such disturbances shall be minimized and all negative impacts mitigated. b. If development results in a change in the mapped regulatory floodplain or 100 -year frequency flood elevation on a site, the applicant shall submit sufficient data to obtain a Letter of Map Revision (LOMR) from FEMA. C. No development in the floodplain shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health, safety and welfare or impair the natural hydrologic functions of the floodplain or channel. d. For all projects involving channel modification, fill, or levees, the flood carrying capacity of the watercourse shall be maintained. In addition, the Enforcement Officer shall notify adjacent communities in writing 30 days prior to the issuance of a permit for the modification or relocation of the watercourse. The SMC may be used as a forum for resolving interjurisdictional issues. e. For all structures placed on fill, the lowest floor, (including basement) shall be two feet or above the base flood elevation. f. Only a nonresidential building may be structurally dry floodproofed (in lieu of elevation) provided that a registered professional engineer shall certify that the building has been structurally dry floodproofed below the flood protection elevation, the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood or 100 -year frequency flood. The building design shall take into account flood velocities, duration, rate of -16- September 1991 ARTICLE IV: STORMWATER MANAGEMENT PERMITS (a) Maintenance tasks. (b) The party responsible for performing the maintenance tasks. (c) A description of all permanent public or private access maintenance easements. (d) A description of dedicated sources of funding for the required maintenance. (10) When a proposed development has the potential for impacting a drainage system component maintained by an active Drainage District, a copy of the detailed drainage plan shall be forwarded to the Drainage District for concurrent review to allow the Drainage District the opportunity for input prior to the permit decision being made. (11) The Application shall be certified to be in substantial conformance to this Ordinance and the Lake County Stormwater Management Technical Reference Manual and sealed by a professional engineer licensed to practice in the State of Illinois. C. FLOODPLAIN DEVELOPMENTS 1. General Information a. The area constituting the floodplain, including floodways, flood fringe and non - riverine floodplains, shall be determined from the BFE in the following maps and studies in the order indicated below. Appendix B contains a listing of IDOT /DWR designated regulatory floodway maps. (1) Floodplain mapping and studies of an SMC adopted and IDOT /DWR and FEMA approved Basin Plan; (2) IDOT /DWR, Regulatory Floodplain and Flood Profile maps; (3) "Flood Insurance Studies for Lake County, Illinois and its Municipalities ", published by the Federal Emergency Management Agency, including the Flood Boundary and Floodway Maps and the Flood Insurance Rate maps; (4) The best available information as determined by the SMC. b. When no base flood or 100 -year frequency flood elevation information exists, the base flood or 100 - year frequency flood elevation shall be determined by the registered professional engineer using an appropriate model or technique as described in the Technical Reference Manual. (1) Along any watercourses draining more than one (1) square mile, the above analyses shall be submitted to IDOT /DWR for approval. -15-' September 1991 0 ° ARTICLE IV: STORMWATER MANAGEMENT PERMITS C. Before any development is permitted it must be demonstrated that: (1) The alteration of the natural floodplain has been minimized to the greatest extent practicable. _ (2) The proposal is to allow for reasonable use of the land to avoid a hardship on the property owner and not solely for the convenience of the owner to increase the density or intensity of use. (3) The granting of the permit shall be in harmony with the spirit and intent of this Ordinance and the Lake County Comprehensive Stormwater Management Plan and will not be detrimental to the effective and safe management of stormwater. (4) The development cannot be reasonably located outside the floodplain and the situation is not self- created. d. A residential or non - residential building that is elevated by means of walls, pilings, or other foundation must be permanently open to flood waters and not subject to damage by hydrostatic pressures of the base flood or 100 -year frequency flood. The permanent openings shall be no more than one foot above grade, and consists of a minimum of two openings. The openings must have a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the BFE. The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris. 4. Additional Performance Standards for the Floodway (IDOT /DWR Regulations) If the development is proposed for the floodway portion of the Regulatory Floodplain the following additional standards apply: a. Only the following appropriate uses will be allowed in the floodway: (1) Public flood control structures and private improvements relating to the control of drainage and flooding or existing structures, erosion, water quality or habitat for fish and wildlife; (2) Structures or facilities relating to functionally water dependent uses; (3) Storm and sanitary sewer outfalls; (4) Underground and overhead utilities if sufficiently flood - proofed; (5) Recreational facilities such as playing fields and trail systems including any related fencing (at least 50% open when viewed from any one -18- September 1991 ARTICLE IV: STORMWATER MANAGEMENT PERMITS rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and impacts from debris or ice. Floodproofing measures shall be operable without human intervention and without an outside source of electricity (Levees, berms, floodwalls and similar works are not considered floodproofing for the purpose of this subsection). g. Hydraulically equivalent compensatory storage is required for fill or structures and shall be at least equal to the volume of floodplain storage lost. h. New and replacement water supply systems, wells, and sanitary sewer lines may be permitted providing all manholes or other above ground openings located below the Flood Protection Elevation (FPE) are watertight. i. All areas below the flood protection elevation shall be constructed of materials resistant to flood damage. The lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the FPE. j. No developments in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other hazardous or toxic materials below the FPE. k. Manufactured homes and travel trailers to be installed on a site for more than 180 days, shall be elevated to or above the flood protection elevation; and shall be 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 Ill. Adm. Code 970. 1. All new buildings, building alteration that either , increases the first floor area by more than 20% or the building's market value by more than 50 %, the installation of a manufacturing home on a new site or a new manufactured home on an existing site or installing a travel trailer on a site for more than 180 days and located within a 100 -year floodplain shall be protected from flood damage below the flood protection elevation. 3. Additional Performance Standards for the Flood Fringe If the development is proposed for the flood fringe portion of the Regulatory Floodplain the following additional standards apply: a. Any rise in the base flood shall be confined to the development site. b. Hydraulically equivalent compensatory storage requirements for fill or structures shall be at least equal to 1.2 times the volume of floodplain storage lost. Such compensation areas shall be constructed to drain freely and openly to the watercourse and located opposite or adjacent to filled areas. -17- September 1991 0 0 ARTICLE IV: STORMWATER MANAGEMENT PERMITS (2) All effective regulatory floodway conveyance lost due to the' development of Appropriate Uses, other than bridge or culvert crossings, on- stream structures or dams, shall be replaced for all flood events up to and including the 100 - year frequency flood. (3) Transition sections shall be provided and used in calculations of effective regulatory floodway conveyance. The following expansion and contraction ratios shall be used: (a) Water will expand no faster than at a rate of one foot horizontal for every four feet of the flooded stream's length. (b) Water will contract no faster than at a rate of one foot horizontal for every one foot of the flooded stream's length. (c) Water will not expand or contract faster than one foot vertical for every ten feet of flooded stream length. (d) Erosion /scour protection shall be provided on land upstream and downstream of the transition sections. (4) The development of all Appropriate Uses shall not result in an increase in the average channel or regulatory floodway velocities or stage, for all flood events up to and including the 100 - year frequency event. (5) A permit or letter indicating a permit is not required must be obtained from IDOT /DWR, Dam Safety Section for a Dam Safety permit or waiver for any structure built for the purpose of backing up water in the stream during normal or flood flow. (6) If the appropriate use will result in a change in the floodway location or BFE, the applicant shall submit sufficient information to be issued a conditional regulatory floodway map revision from IDOT /DWR and FEMA. No filling, grading, dredging or excavating shall take place until a conditional approval is issued. No further development activities shall take place until a final Letter of Map Revision (LOMR) is issued by FEMA. e. For those circumstances listed below located in a regulatory floodway, the following criteria shall also be submitted to IDOT /DWR for its concurrent review and approval prior to the issuance of a permit: (1) Analysis of the flood profile due to a proposed bridge. (2) An engineer's determination that an existing bridge or culvert crossing is not a source of flood damage and the analysis indicating the proposed flood profile. -20- September 1991 ARTICLE IV: STORMWATER MANAGEMENT PERMITS direction) built parallel to the direction of flood flows, and including open air pavilions; (6) Detached garages, storage sheds, or other nonhabitable structures without toilet facilities, accessory to existing buildings. (7) Bridges, culverts and associated roadways, sidewalks, and railways, necessary for crossing over the floodway or for providing access to other appropriate uses in the floodway and any modification thereto; (8) Parking lots and any modifications thereto (where the existing depth of flooding for the BFE is less than one foot) and aircraft parking aprons built at or below ground elevation; (9) Floodway regrading, without fill, to create a positive non - erosive slope toward a watercourse. (10) Floodproofing activities to protect previously existing lawful structures including the construction of water tight window wells, elevating structures, or the construction of flood walls around residential, commercial or industrial principal structures where the outside toe of the floodwall shall be no more than ten (10) feet away from the exterior wall of the existing structure, and, which are not considered to be substantial improvements to the structure. (11) In case of damaged or replacement buildings, reconstruction or repairs made to a building that are valued at less than 50% of the market value of the building before it was damaged or replaced, and which do not increase the outside dimensions of the building. (12) Additions to existing buildings above the BFE that do not increase the building's foot print and are valued at less than 50% of the market value of the building. b. Exceptions to the list of appropriate uses are not allowed within the floodway. C. All appropriate uses shall require a Permit from the SMC or Certified Community and must be in accordance with all provisions of this Ordinance. d. Construction of an Appropriate Use will be considered permissible provided that the proposed project meets the following engineering and mitigation criteria and is so stated in writing with supporting plans, calculations and data by a registered professional engineer. (1) No development shall be allowed (including fill) which will cause a rise in the base flood elevation singularly or cumulatively and which will create a damaging or potentially damaging increase in flood heights or velocity. -19- September 1991 0 Q ARTICLE IV: STORMWATER MANAGEMENT PERMITS f. The hydraulic analysis for the backwater caused by the bridge showing the existing condition and proposed regulatory profile must be submitted to IDOT /DWR for concurrence that a CLOMR is not required. 6. Additional Plan Submittal Requirements for Development in the Riverine Floodplain If the development is located in a riverine floodplain, the applicant will need to provide the following additional information: a. Site location of the property, drawn to scale, on the regulatory floodway map, indicating whether it is proposed to be in an incorporated or unincorporated area; b. A plan view of the project showing: (1) The regulatory floodway limit, floodplain limit. (2) 10 -year frequency flood elevation, 100 -year frequency flood elevation and graphic or numerical scales (horizontal and vertical) (3) A copy of the regulatory floodway map, marked to reflect any proposed change in the regulatory floodway location. C. A listing of all local, state and federal permits or approval letters that may be required for this type of development. d. Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the performance standards of this Ordinance. e. All changes in grade resulting from any proposed excavation or filling, and floodplain and floodway limits; the location and dimension of all buildings and additions to buildings; and the elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of this Ordinance. f. Elevation certificates of the lowest floor (elevation including basements) or the elevation to which a non- residential building has been floodproofed using a floodproofing certificate shall be required for all buildings in the floodplain. D. WETLAND PROVISIONS The following provisions are required when one (1) or more cumulative acres of wetland are impacted. All the following standards and submittal requirements will be required unless waived by the Enforcement Officer. 1. Wetland Performance Standards a. The applicant shall delineate all wetland area boundaries in accordance with the current federal wetland determination methodology authorized under Section 404 of the Clean Water Act. -22- September 1991 ARTICLE IVs STORMWATER MANAGEMENT PERMITS (3) Alternative transition sections and hydraulically equivalent storage. (4) IDOT /DWR will review and approve prior to the start of construction any Department projects, dams, etc. and all other state or federal projects. f. Within all riverine floodplains draining more than one square mile where the floodway has not been determined, the developer should have an engineering study performed to determine a floodway and submit that engineering study to IDOT /DWR for acceptance as a regulatory floodway. Upon acceptance of their floodway by the IDOT /DWR, the developer shall then apply the Appropriate Use criteria and performance standards for floodway development. The applicant may limit the study to a floodplain determination and apply the Appropriate Use criteria and performance standards. Alternative to the study, a mapped floodplain may be used as the floodway. g. Non - conforming structures located in a regulatory floodway may remain in use, but may not be enlarged, replaced or structurally altered. A non - conforming structure damaged by flood, fire, wind or other natural or man -made disaster may be restored unless the damage exceeds fifty percent (50 %) of its market value before it was damaged, in which case it shall conform to this Ordinance. 5. Special Considerations for the Construction of New Bridges or Culvert Crossings and Roadway Approaches a. The proposed 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 100 -year frequency event. b. If the proposed construction will increase upstream flood stages greater than 0.1 feet, the developer must contact IDOT /DWR, Dam Safety Section for a Dam Safety permit or waiver. C. Lost floodway storage must be compensated for per the flood fringe performance standards of this Ordinance except that artificially created storage lost due to a reduction in head loss behind a bridge shall not be required to be replaced, provided no damage will be incurred downstream. d. Velocity increases must be mitigated per the floodway performance section of this Ordinance except that in the case of bridges or culverts or on stream structures built for the purpose of backing up water in the stream during normal or flood flows, velocities may be increased at the structure site if scour, erosion and sedimentation will be avoided by the use of appropriate measures. e. If the crossing is proposed over a public water that is used for recreational or commercial navigation, a Department of Transportation permit must be received. -21- September 1991 0 @ .. ARTICLE IV: STORMWATER MANAGEMENT PERMITS (c) Creation: Creation refers to the creation of new wetlands on a non - wetland site. (d) Contribution: Contribution refers to the donation of land or money to an SMC approved Wetland Mitigation Bank. (4) Mitigation standards shall be determined in part through the use of an acreage replacement ratio. The minimum ratio shall be 1.0 acre mitigated to every 1.0 acre lost. A higher ratio may be required when the probability of success of replacing the lost functions warrant it. (5) All plants used in the mitigation shall be native to Lake County. (6) Performance standards shall be established during the pre - application conference and included in the mitigation plan. The permittee shall successfully implement the approved mitigation plan or component within the time period required by the Enforcement Officer. (7) Mitigation must be performed prior to or concurrently with activities that will permanently disturb wetlands. e. Wetlands may be used for on -site stormwater detention subject to the following: (1) It must be demonstrated that the use of the wetland for detention will maintain or improve the wetlands beneficial functions. (2) Existing depressional storage in wetlands shall be maintained and the volume of detention storage provided to meet the requirements of this Ordinance shall be in addition to the existing storage. (3) No wetlands of exceptional functional value shall be used for satisfying on -site detention requirements. f. Monitoring shall be utilized to insure the establishment of the mitigation and that it meets the standards of this Ordinance. In order to achieve this criteria, the following standards shall be met: (1) The permittee shall submit an annual monitoring report for up to five years from the completion of the construction of the mitigation project. As part of the final report the permittee shall provide information justifying that monitoring is no longer required. The wetland establishment /monitoring period shall be determined by the Enforcement Officer. (2) The permittee shall consider monitoring requirements fulfilled upon submittal of the final report and subsequent receipt of notice from the Enforcement Officer. If the Enforcement Officer fails to send notice to the permittee within 60 days after receipt of the -24- September 1991 ARTICLE IV: STORMWATER MANAGEMENT PERMITS b. A pre - application conference between the Enforcement Officer and the applicant shall be held to discuss proposed impacts, mitigation options and submittal requirements.' Upon request by a Certified Community, SMC will provide technical assistance at this conference. C. The following hierarchy will be observed by all applicants to determine application requirements: (1) The proposed project will avoid adverse impacts to the greatest extent possible based on consideration of hydrologic conditions, existing topography, vegetation and human activity as it relates to stormwater management. Wetlands of exceptional functional value, as designated in the USEPA Lake County Advanced Wetland Identification Study (ADID), are considered to be generally irreplaceable and unmitigatable for the purposes of evaluating permit applications. (2) The proposed project will minimize the adverse impacts to the greatest extent possible based on consideration of hydrologic conditions, existing topography, vegetation and human activity as it relates to stormwater management. (3) If there are wetland impacts, selection of the appropriate mitigation option will be based on a functional assessment provided by the applicant. d. Mitigation is required for all permanent adverse impact to wetlands that result despite attempts to avoid and /or minimize. The following criteria shall be met to offset the wetland impacts. (1) The mitigation plan shall include all appropriate measures to be carried out to maintain or improve the functions of wetlands, mitigate adverse environmental impacts, restore vegetation, and land and water features, prevent sedimentation and erosion, minimize the area of wetland disturbance and ensure compliance with other provisions of this Ordinance. (2) The mitigation will occur on -site unless the functional assessment indicates that the functions can easily be reproduced off -site. (3) Depending on the circumstances under which wetlands are lost or disturbed, the Enforcement Officer will determined which of the following mitigation options is appropriate. (a) Restoration: Restoration refers to actions performed on a site that reverse or remedy adverse impacts. (b) Enhancement: Enhancement refers to actions performed to improve the functionality of an existing, degraded wetland. -23- September 1991 0 d ARTICLE IV: STORMWATER MANAGEMENT PERMITS C. Wetland Mitigation Plan A mitigation plan shall include all of the following information: (1) Names, addresses and telephone numbers of the principals associated with implementation of the mitigation plan. (2) A description of the mitigation project, including best management practices proposed as fulfillment of the required replacement of lost wetland acreage and functions. The description shall include project location maps showing the geographic relationship between the proposed mitigation sites. (3) Plan view scaled drawings which include mitigation project locations, stockpile areas, erosion and sediment control practices, equipment and supply storage areas. (4) A construction schedule which includes starting and completion dates. (5) Hydrologic analysis which includes normal and 100 -year surface elevations and estimated seasonal water surface elevations. (6) The scientific and common name of plant species used in the mitigation plan along with their planting location, spacing, propagule type, commercial source of planting stock, planting density, and planting method. (7) The permittee shall provide the Enforcement Officer with access to 'the mitigation site during business hours. d. Monitoring Plan (1) In order to insure the establishment of the wetland mitigation, the applicant shall provide the Enforcement Officer with a monitoring plan which; (a) identifies the names, addresses, and phone numbers of parties responsible for management; and (b) states the management techniques, schedule, and funding mechanisms: (2) An annual monitoring report shall include the following information: (a) A description of how the mitigation project meets the mitigation standards. (b) Photographs of the mitigation project. (c) A description of any mid - course corrections which have been taken or need to be taken to implement the mitigation plan to meet the mitigation standards. -26- September 1991 9 ARTICLE IV: - STORMWATER MANAGEMENT PERMITS final report, the monitoring requirements shall be considered fulfilled. (3) If at any time during the monitoring period, inspections or data indicates mitigation efforts are not succeeding, the Enforcement Officer may require mid - course corrections which may include re- vegetation, removal of invasive species, and /or controlled burns. g. The permittee shall provide mechanisms to insure the long -term protection of the created, restored, or enhanced wetlands. This may be achieved through protection mechanisms including vegetative management, deed restrictions, conservation easements, or deeding the created, restored, or enhanced wetlands to an organization or public agency capable of protecting and maintaining the wetland. h. The Enforcement Officer shall provide guidance to the applicant on the contents and timing of the Mitigation Plan and shall approve the plan prior to the Permit being issued. i. If a permit is required by the U.S. Army Corps of Engineers, the permit application shall be provided to the SMC for review and transmittal to the Corps. 2. WETLAND SUBMITTAL REQUIREMENTS a. Wetland Determination Report The applicant shall provide the following information to the Enforcement Officer: (1) A map showing the exact location of wetlands within the development boundaries. (2) An aerial photograph delineating wetland, development and watershed boundaries. (3) Army Corps of Engineers data sheets with representative color photographs shall be provided for each wetland. (4) A written description of the wetland(s) including a complete functional assessment. b. Wetland Use The applicant will provide documentation regarding the following: (1) Determination if the project is water dependent and /or that no practicable alternatives to the impacts exists. (2) Minimization of unavoidable impacts to the maximum extent possible. (3) Selection and justification of an appropriate mitigation option. (4) Appropriate use of wetlands for detention. -25- September 1991 C 0 the spirit, purpose and intention of this Ordinance where by reason of unique and exceptional physical circumstances or condition of a particular property, the literal enforcement of the provisions of this Ordinance will result in an unreasonable hardship. 1. In Certified Communities and for minor development and /or application requirements the Certified Communities Enforcement Officer shall administer the variance provisions. 2. In non - Certified Communities and for major development performance standards, the SMC Chief Engineer shall administer the variance provisions. 3. Variances shall be granted only upon: a. showing of good and sufficient cause, and b. a determination that the variance is the minimum necessary to afford relief, considering the flood hazard and water quality, and C. a finding that failure to grant the variance would result in exceptional hardship to the applicant, and d. a finding that the granting of a variance would not result in increased flood heights, additional threats to public safety, or extraordinary public expense, nor create nuisances, cause fraud or victimization of the public, nor conflict with existing local laws or ordinances. 4. Upon consideration of the factors noted above and the intent of the Ordinance, the Enforcement Officer may attach such conditions to the granting of a variance deemed necessary to further the purposes and objectives herein. B. APPEALS: 1. Any person aggrieved by a decision of a Certified Community's Enforcement Officer may request review thereof by the Certified Community's board of elected officials. 2. Any person aggrieved by a variance decision of the SMC Chief Engineer may request review thereof by the Director. 3. Any person aggrieved by a decision, requirement, ruling or interpretation of this Ordinance by the Director may appeal it to the SMC by written notice filed with the Director within 10 days of the determination. ARTICLE VI: INSPECTIONS AND ACCESS Representative of the SMC or Certified Communities may enter upon any land or water to inspect development activity. -28- September 1991 o c ARTICLE IV: STORMWATER MANAGEMENT PERMITS e. Long -Term Maintenance (1) The applicant shall provide documentation to the Enforcement Officer regarding who will be responsible for the long -term maintenance and protection of the wetland(s). This documentation shall include: (a) The names, addresses, and phone numbers of parties responsible for maintenance. (b) Types of preservation mechanisms used such as deed restrictions or conservation easements. (2) The drainage facility maintenance provisions (Article IV, Section B.2.b.(10)) of the Ordinance applies to restored, enhanced, or created wetlands. E. PUBLIC ROADWAY DEVELOPMENT PERMIT 1. Performance Standards a. The SMC shall be responsible for the review and enforcement of all Public Road Developments. b. The performance standards of this Ordinance shall apply to all Public Road Developments. 2. Submittal Requirements a. A copy of any applicable Illinois Department of Transportation - Division of Water Resources Permit application. b. A copy of any applicable Illinois Department of Conservation /Illinois Department of Transportation Agency Action Plan Wetland Permit application. C. A copy of the proposed Stormwater Management System, including the location and size of all existing and proposed drainage improvements including plan, section, and profile views of storm sewers, field tiles, culverts, channels, and detention areas. d. A copy of all calculations supporting the stormwater management system. e. A Soil Erosion and Sediment Control Plan. f. A Wetland Determination Report and Mitigation Plan, if applicable. ARTICLE V: VARIANCES AND APPEALS A. VARIANCES The Enforcement Officer upon application, after hearing, and subject to the process and standards which follow, may grant variances to the provisions of this Ordinance as will not cause detriment to the public good, safety or welfare nor be contrary to -27- September 1991 0 0 ARTICLE X: SEPARABILITY The provisions of this Ordinance shall be deemed separable and the invalidity of any portion of this Ordinance shall not affect the validity of the remainder. ARTICLE XI: EFFECTIVE DATE This ordinance shall take effect 120 days after adoption by the County Board of Lake County, Illinois. -30- September 1991 0 ARTICLE VII: STORMWATER RECORDS The adopted Lake County Comprehensive Stormwater Management Plan states the SMC should "maintain a repository of stormwater management data for the county." Toward that end, the Enforcement Officer shall: A. Maintain records of every Watershed Development Permit application, permit, variance, hydrologic and hydraulic data and enforcement action as well as "as- built" plans if available, for a period of at least 5 years from the date of permit issuance and shall allow periodic inspections of the records by SMC personnel. B. Maintain a jurisdiction map which displays the development location and file reference number of every permit. C. Provide to SMC staff a copy of each variance granted, elevation or flood proofing certificate issued and other permit related materials upon reasonable request by SMC staff. D. Transfer to SMC, at agreed upon intervals, but no later than the 5 -year period described above, specified portions of the stormwater records. E. SMC will be maintaining a "Master" map displaying the development location and file reference number of all Watershed Development Permits thus, will be requesting this information of the Certified Community. ARTICLE VIII: PENALTIES AND LEGAL ACTIONS A. Failure to comply with any of the requirements of this Ordinance shall constitute a violation, and any person upon conviction thereof shall be fined not more than five hundred ($500.00) dollars for each offense. Each day the violation continues shall be considered a separate offense. B. The SMC or Certified Community may also take any other legal action necessary to prevent or remedy any violation including appropriate equitable or injunctive relief and, if applicable, an assessment to the violator for the removal, correction, or termination of any adverse effects upon any property resulting from any unauthorized activity for which legal action under this section may have been brought. ARTICLE I%: DISCLAIMER OF LIABILITY It is recognized that although the degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations, on occasions greater floods can and will occur, and flood heights may be increased by man -made or natural causes. These provisions do not imply that land outside the flood plain areas or that uses permitted within such areas will be free from flooding or flood damages. These provisions shall not create liability on the part of the Stormwater Management Commission or Certified Communities or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. -29- September 1991 • o Conditional Letter of Map Revision (CLOMR): A letter which indicates that the Federal Emergency Management Agency will revise base flood elevations, flood insurance rate zones, flood boundaries or floodway as shown on an effective Flood Hazard Boundary Map or Flood Insurance Rate Map, once the as -built plans are submitted and approved. 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. Dam: All obstructions, wall embankments or barriers, together with their abutments and appurtenant works, if any, constructed for the purpose of storing or diverting water or creating a pool. Underground water storage tanks are not included. Damage: No measurable rise in flood heights on buildings currently subject to flooding, no flooding of buildings currently not subject to flooding and no increases in volume or velocity to the point where the rate of land lost to erosion and scour is substantially increased. Depressional storage areas: Non - riverine depressions in the earth where stormwater collects. Design storm: A selected storm event, described in terms of the probability of occurring once within a given number of years, for which stormwater or flood control improvements are designed and built. Detention Facility: A man made structure for the temporary storage of stormwater runoff with controlled release during or immediately following a storm. Development: Any man -made change to real estate by private or public agencies including: A. Construction, reconstruction, repair, or placement of a building or any addition to a building; B. Placement of a manufactured home on a site, preparation of a site for a manufactured home, or the placement of a travel trailer on a site for more than 180 days; C. Drilling, mining, installation of utilities, construction of roads, bridges, or similar projects; D. Clearing of land as an adjunct of construction; E. Construction or erection of levees, walls, fences, dams, or culverts; channel modification; filling, dredging, grading, excavating, paving, or other alterations of the ground surface; storage of materials; deposit of solid or liquid waste; F. Any other activity that might change the direction, height, volume or velocity of flood or surface water, including the drainage of wetlands and removal of vegetation to the extent such that the wetland would no longer meet the criteria of supporting hydrophytic vegetation as defined in this ordinance except that which would be considered appropriate for management purposes. Development does not include maintenance of existing buildings and facilities such as re- roofing or resurfacing of roads when there is no increase in -surface area or elevation, or gardening, plowing, and similar agricultural practices that do not involve filling, grading, or construction of levees. Direct discharge: Discharges of stormwater which have not passed through a detention facility designed to the specification of this ordinance. Drainage Area: The land area above a given point that contributes stormwater to that point. -32- September 1991 APPENDIX A 4F - DEFINITIONS Adequate Downstream Stormwater Capacity+: A stormwater management facility shall be considered to have adequate downstream stormwater capacity if the facility can be shown to accommodate the 100 -year stormwater, runoff without increasing property damage to a point downstream where the increased flow or flow velocity has attenuated. Appficant: Any person, firm or governmental agency who owns property or the duly appointed representative and wishes to develop that property and one who executes the necessary forms to procure permit to carry out such development from a municipality or from the Lake County Board. Appropriate Use: Permissible development within the regulated floodway that will be considered for permit issuance. Base Flood Elevation (BFE): The elevation delineating the level of flooding resulting from the 100 -year flood frequency elevation. Basin plan: A study and evaluation of an individual drainage basin's stormwater management and flood control needs. Building: A structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, mobile home or a prefabricated building. This term also includes recreational vehicles and travel trailers to be installed on a site for more than 180 days. Buffer: An area of predominantly vegetated land to be left open, adjacent to drainageways, wetland, lakes, ponds or other surface waters for the purpose of eliminating or minimizing adverse impacts to such areas. Certified Community: A community which has petitioned the SMC and has been found by the SMC to be capable of enforcing an ordinance (or ordinances) which contain stormwater and floodplain management rules and regulations which are consistent with at least as stringent as these of this Countywide Stormwater Management Plan and Ordinance. Channel: Any river, stream, brook, branch, natural or artificial depression, ponded area, flowage, slough, swale, ditch, conduit, culvert, ravine, or similar natural or man -made drainageway, which has definite bed and banks or shorelines, in or into which surface or groundwater flows, either perennially or intermittently. Channel Modification: Alteration of a channel by changing the physical dimensions or materials of its bed or banks. Channel modification includes damming, rip- rapping or other armoring, widening, deepening, straightening, relocating, lining and significant removal of bottom or woody vegetation. Channel modification does not includes the clearing of dead or dying vegetation, debris, or trash from the channel. Channelization is a severe form of channel modification typically involving relocation of the existing channel (e.g., straightening). Community: Any municipality (as defined at Ill. Rev. Stat., 1989, Ch. 24, 1- 1-2 (1) or the unincorporated county within Lake County acting as a unit of local government. Compensatory storage: An excavated, hydraulically equivalent volume of storage .used to offset the loss of natural flood storage capacity when artificial fill or structures are placed within a floodplain. Conditional Approval Regulatory Floodway Map Change: Preconstruction approval by IDOT /DWR and the Federal Emergency Management Agency of a proposed change to the floodway map. This preconstruction approval, pursuant to this Part, gives assurances to the property owner that once an Appropriate Use is constructed according to permitted plans, the floodway map can be changed, as previously agreed, upon review and acceptance of as built plans. -31- September 1991 • o velocities. For regulatory flood purposes, a floodway is assumed to exist along any• watercourse with one square mile drainage area or greater. Freeboard: An increment of height added to the base flood elevation to provide a factor of safety for uncertainties in calculations, unknown local conditions, wave actions and unpredictable effects such as those caused by ice or debris jams. Functional Assessment: An assessment of a wetlands flood storage and water quality functions. Hydraulically Equivalent Compensatory Storage: Compensatory storage placed between the proposed normal water elevation and the proposed 100 -year flood elevation. All storage lost below the existing 10 -year flood elevation is replaced below the proposed 10 -year flood elevation. All storage lost above the existing 10 -year flood elevation is replaced above the proposed 10 -year flood elevation. Hydric soil: A soil that is saturated, flooded, or ponded long enough during the growing season to develop an anaerobic conditions in the upper part. Hydrophytic vegetation: Plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. IDOTfDWR: Illinois Department of Transportation, Division of Water Resources (also IDOT -DWR). Impervious surface: Any hard - surfaced, man made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway areas, graveled areas, sidewalks and paved recreation areas. Lake: A natural or artificial body of water encompassing an area of two or more acres which retains water throughout the year. Lake County Stormwater Manaaement Technical Reference Manual: The manual prepared by the SMC which provides guidelines for complying with the Lake County Watershed Development Ordinance, such as methods for attaining the Ordinance's performance standards and administration details. Letter of Man Amendment (LOMAI• Official determination by FEMA that a specific structure is not in a 100 -year flood zone; amends the effective Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM). Letter of Map Revision (LOMRI• Letter that revises base flood or 100 -year frequency flood elevations, flood insurance rate zones, flood boundaries-or floodways as shown on an effective FHBM or FIRM. Manufactured Home: A structure, transportable in one or more sections, which is built on a permanent chassis and is designated for use with or without a permanent foundation when connected to the required utilities. The term manu- factured homes also include park trailers, travel trailers and other similar vehicles placed on site for more than 180 consecutive days. Mitigation: Measures taken to eliminate or minimize damage from development activities, such as construction in wetlands or floodplain filling, by replacement of the resource or other means of compensation. NGVD: National Geodetic Vertical Datum of 1929. Natural: When used in reference to channels means those channels formed by the existing surface topography of the earth prior to changes made by man. A modified channel which has regained natural characteristics over time as the channel meanders and reestablishes vegetation may be considered a natural channel. Non - riverine floodplain: Floodplains not associated with streams or rivers, such as isolated depressional storage areas. -34- September 1991 o �.:__.: . Dry-Detention Facility: A dry detention facility is a detention •facflity` =. designed to drain completely after temporary storage of stormwater flows and to normally be dry over the majority of its bottom area. Elevation certificates: A form published by the Federal Emergency Management Agency that is used to certify the elevation to which a building has been elevated. Enforcement Officer: The SMC Director or the Certified Communities development regulator equivalent. - Erosion: The process whereby soil is removed by flowing water or wave action. Fee -in -Lieu of On -Site Detention: A fee assessed to a permit applicant used to contribute to the cost of the capital improvement component of basin plans; such as, regional detention site(s) or improvements to downstream conveyances "in- lieu -of" constructing on -site detention. FEMA: Federal Emergency Management Agency and its regulations. 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 period of years, based on a, statistical analysis, during which a flood of a stated magnitude may be expected to be equaled or exceeded. Flood fringe: The portion of the riverine floodplain outside of the regulatory floodway. Flood Insurance Rate Mans (FIRM): A map prepared by the Federal Emergency Management Agency or HUD that depicts the special flood hazard area (SFHA) within a community. This map includes insurance rate zones and floodplains and may or may not depict floodways. Floodplain (regulatory): Floodplains may be either riverine or non - riverine depressional areas. Riverine floodplains are those areas contiguous to a lake, pond, stream, or stream bed whose elevation is greater than the normal water pool elevation but equal to or lower than the projected 100 -year flood elevation. Non - riverine floodplains are isolated depressional areas not associated with a stream system which surrounding lands drain causing periodic inundation by storm waters. In certain cases, the floodplain may also be known as the Special Flood Hazard Area (SFHA). A regulatory floodplain exists along any watercourse draining 40 acres or more or any non - riverine areas greater than 1/4 acre. Floodplain Management: An overall program of corrective and preventive measures for avoiding or reducing future flood damage. Flood Protection Elevation (FPE,Z: The elevation of the base flood or 100 -year frequency flood plus the required 2 feet of freeboard at any given location in the Special Flood Hazard Area (SFHA). Floodproofing: Any combination of structural and non - structural additions, changes or adjustments to structures or property which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodproofing Certificate: A form published by the Federal Emergency Management Agency that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation. Floodwav (regulatory): The channel, including onstream lakes, and that portion of the floodplain adjacent to a stream or watercourse as designated by the Illinois Department of Transportation, Division of Water Resources, which is needed to store and convey the existing and anticipated future 100 year frequency flood discharge with no more than a 0.1 foot increase in stage due to the loss of flood conveyance or storage, and no more than a 10% increase in -33- September 1991 • o Substantial Improvement:Any repair, reconstruction or improvement of 4 structure, the .cost of which equals or exceeds 50 percent of the market value of the structure either, a) before the improvements of repair is started, or b) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition "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. The term does not, however, include either 1) 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 2) any alteration off a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Transition Section: Reaches of the stream or floodway where water flows from a narrow cross - section to a wide cross - section or vice - versa. Watercourse: Any natural or man -made depression into which water flows either regularly or intermittently draining an area of 5 acres or more. Watershed Development Permit: A permit established by this ordinance and issued, through the SMC or certified communities, prior to the approval of a building permit signifying approval of procedures identified for stormwater control, floodplain development, wetlands development and mitigation, and water quality protection. Watershed: The land area above a given point on a waterway that contributes stormwater to that point. In Lake County the four major watersheds are officially defined as: the Lake Michigan Watershed, the North Branch of the 'Chicago River Watershed, the Des Plaines River Watershed, and the Fox River Watershed. Wet Detention Facility: A wet detention facility designed to maintain a permanent pool of water after the temporary storage of stormwater runoff. Wetland: A basin that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, under normal conditions, a prevalence of vegetation adapted for life in saturated soil conditions (known as hydrophytic vegetation). A wetland is identified based upon the three attributes: 1) hydrology, 2) soils and 3) vegetation as mandated by the current Federal wetland determination methodology authorized under Section 404 of the Clean Water Act. To aid in determining the presence or absence of wetlands, the following courses of information may be used: A. Lake County Wetland Inventory, Lake County Department of Management Services; B. National Wetland Inventory, U.S. Fish and Wildlife Service; J C. Lake County Soil Survey, U.S. Department of Agriculture -Soil Conservation Service; D. U.S. Geological Survey Topographic Maps; E. Consultant study or Lake County Soil and Water Conservation District Natural Resource Opinion. The above sources of information are not in hierarchical order and are to be used only to aid in determining the approximate location of wetlands. Use of such off -site maps or references is not intended to substitute for an on -site delineation. -36- September 1991 D � Ordinary -high water mark: The point on the bank or shore at which the'pres`ence and movement of surface waters are continuous so as to leave a distinctive' mark, such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other such recognized characteristics. ' Parcel Identification Number: Permanent index number used to identify!`; properties for tax assessment. Pond: A natural or artificial body of water of less than two acres which retains water year round. Public flood control project: A flood control project which will be operated and maintained by a public agency to reduce flood damages to existing buildings structures and property. The project includes a hydrologic and hydraulic study-of the existing and proposed conditions of the watershed. Nothing in this definition shall preclude the design, engineering, construction or financing, in whole or in part, of a flood control project by persons or parties who are not public agencies. Public road development: Any development activity which takes place in a highway right -of -way or part thereof that is administered by a highway authority for highways under its respective highway jurisdiction. Reconstruction: The act of rebuilding a structure. Registered Professional Engineer: An engineer registered in the State of Illinois, under the Professional Engineer Practice Act of 1989 (III. Rev. Stat. 1989, ch. 111, pars. 5201- 5249). Repair, remodeling or maintenance: Activities which do not result in any increases in the outside dimensions of a building or any changes to the dimensions of a structure. Retention Facility: A facility designed to completely retain a specified amount of stormwater runoff without release except by means of evaporation, infiltration or pumping. Riverine: Relating to, formed by, or resembling a river (including tributaries, streams, and creeks). Sedimentation: The processes that deposit soils, debris, and other materials either on other ground surfaces or in bodies of water or watercourses. SMC Director: The administrative head of the staff of the Lake County Stormwater Management Commission. Special Flood Hazard Area (SFHA): Any base flood area subject to flooding from a river, creek, intermittent stream, ditch, or any other identified channel or ponding and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A, AO, Al -30, AE, A99, AH, VO, V30, VE, V, M, or E. Stormwater Management:'A set of actions taken to control stormwater runoff with the objectives of providing controlled surface drainage, flood control and pollutant reduction in runoff. Stormwater Management Commission (SMC): The Lake County Stormwater Management Commission established and existing under Ill. Rev. Statutes, Chapter 34, Par. 5 -1062 for the purposes of developing, revising and implementing a countywide stormwater management plan. Stormwater Management System: The collection of natural features and man -made facilities which define the stormwater management for a development. Structure: The results of a man -made 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; installing a manufactured home on a site; preparing a site for a manufactured home or installing a travel trailer on a site for more than 180 days. -35- September 1991 -38- September 1991 0 ` COMMUNITY WATER* MAP TYPE MAP DATE DESCRIPTION W. FORK N. BRANCH CHICAGO RIVER FIS 11/03/82 NOT ON REG. MAP -- 59,800 FT ABOVE MOUTH TO HALF DAY ROAD. HASTINGS CREEK FIS 11/03/82 MOUTH AT NORTH MILL CREEK TO 34,875 FT. ABOVE MOUTH. MILL CREEK FIS 11/03/82 US. ROUTE 41 TO 5000 FT ABOVE VILLAGE OF GRAYSLAKE CORP. LIMITS. N. MILL CREEK FIS 11/03/82 CONFLUENCE WITH MILL CREEK TO STATE BOUNDARY. BUFFALO CREEK FIS 11/03/82 ARLINGTON HEIGHTS ROAD TO 39875 FT ABOVE MOUTH AND 43650 FT TO 44250 FT ABOVE MOUTH AND LONG GROVE CORP. LIMITS TO ROUTE 53 AND CUBA ROAD TO LAKE ZURICH CORP. LIMITS. TRIB TO BUFFALO CREEK FIS 11/03/82 KILDEER CORP. LIMITS AT 12230 FT TO 13480 FT ABOVE MOUTH. MUTTON CREEK FIS 11/03/82 14200 FT. TO 16800 FT ABOVE MOUTH. INDIAN CREEK FIS 11/03/82 1600 FT TO 23900 FT ABOVE MOUTH AND 44400 FT TO 70800 FT ABOVE MOUTH AT SCHWERMAN ROAD. W. BR. INDIAN CREEK FIS 11/03/82 1050 FT ABOVE MOUTH AT EJ &E RR. S. BR. INDIAN CREEK FIS 11/03/82 MOUTH AT INDIAN CREEK TO STATE ROUTE 22 AND STATE ROUTE 83 TO 10025 FT ABOVE MOUTH AND 16875 FT ABOVE MOUTH TO STATE ROUTE 22. APTAKISIC CREEK FIS 11/03/82 MOUTH AT DESPLAINES RIVER TO 24100 FT ABOVE MOUTH. TRIB TO APTAKISIC CREEK FIS 11/03/82 MOUTH AT APTAKISIC CREEK TO 2210 FT ABOVE MOUTH. IRONDALE CREEK FIS 11/03/82 MOUTH AT MEADOW HAVEN CREEK TO GUERIN ROAD. MEADOW HAVE CREEK FIS 11/03/82 MOUTH AT TRIB. 1 TO O'PLAINE ROAD. FLINT CREEK FIS 11/03/82 MOUTH AT FOX RIVER TO 22800 FT ABOVE MOUTH. N. ARM FLINT CREEK FIS 11/03/82 0.698 MI. TO 0.80 MI. ABOVE MOUTH. EAGLE CREEK FIS 11/03/82 9850 FT TO 11750 FT ABOVE MOUTH AND 14300 FT TO 16000 FT ABOVE MOUTH. -38- September 1991 APPENDIX 8 IDOT /DWR Designated Regulatory Flo odway Maps- y! ��- COMMUNITY WATERWAY MAP TYPE MAP DATE DESCRIPTION UNINCORPORATED DESPLAINES RIVER REG 10/01/78 DP -22: COUNTY LINE ROAD TO RIVERWOODS CORPORATE LIMITS. DP -23: EDWARD L. RYERSON CONSV. AREA TO LINCOLNSHIRE CORPORATE LIMITS. DP- 24,25: CAPTAIN DANIEL WRIGHT FOREST PRESERVE. DP -26: FOREST PRESERVE TO LIBERTYVILLE CORPORATE LIMITS. DP -29: MILW. ST. PAUL & PACIFIC R.R. TO LIBERTYVILLE CORP. LIMITS. DP- 31,32: UNINCORP. NEAR WAUKEGAN (WARREN AND LIBERTYVILLE TWPS.). DP -32: FOREST PRESERVE (RIVER HILL). DP- 32,33: FOREST PRESERVE NORTH LIMITS TO WASHINGTON STREET (GURNEE). DP- 34,35,36: FOREST PRESERVE & UNINCORP. TO WADSWORTH CORP. LIMITS. DP -36: TO WISCONSIN BORDER. DESPLAINES RIVER TRIB (RUSSEL FIS 11/03/82 CONFLUENCE WITH DESPLAINES RIVER TO WADSWORTH ROAD. E. FK. DESPLAINES RIVER TRIB FIS 11/03/82 CONFLUENCE WITH DESPLAINES RIVER TRIB. TO WAVERLY STREET. FOX RIVER FIS 11/03/82 MCHENRY /LAKE COUNTY BOUNDARY S. TO N. COUNTY BOUNDARY AND GRASS LAKE TO STATE BOUNDARY. SKOKIE RIVER REG 01/01/75 NB- 17,18,19:122,300 FT. TO 126,300 FT. ABOVE MOUTH AND BUCKLEY ROAD TO 135,250 FT. ABOVE MOUTH. MID. FORK N. BRANCH CHICAGO RIVER REG 01/01/75 NB- 27,30,31,32: BETWEEN BANNOCKBURN AND LAKE FOREST AND 75,050 FT. TO 101,550 FT. ABOVE CONFLUENCE WITH SKOKIE RIVER. -37- September 1991 0 COMMUNITY WATERWAY ANTIOCH BANNOCKBURN DEERFIELD 0 MAP TYPE MAP DATE DESCRIPTION DIAMOND LAKE DRAIN FIS 11/03/82 STATE ROUTE 83 TO ANTIOCH LAKE DRAIN FIS 06/15/81 10500 FT ABOVE CROSS LAKE TRIB. FIS 06/15/81 CONFLUENCE WITH SILVER LAKE DRAIN FIS 06/15/81 INDIAN CREEK. DEER LAKE DRAIN FIS 11/03/82 2450 FT TO 16250 FT CHICAGO RIVER REG 01/01/75 ABOVE CONFLUENCE WITH INDIAN CREEK. FOREST LAKE DRAIN FIS 11/03/82 1200 FT TO 6400 FT W. FORK N. BR. ABOVE CONFLUENCE CHICAGO RIVER REG 01/01/75 WITH INDIAN CREEK. NORTH SHORE DRAIN FIS 11/03/82 4920 FT TO 6100 FT ABOVE MOUTH. NORTH SHORE DITCH FIS 11/03/82 BLANCHARD ROAD TO CHICAGO RIVER REG 01/01/75 2375 FT ABOVE BLANCHARD ROAD. ROUND LAKE DRAIN FIS 11/03/82 MOUTH AT LONG LAKE DRAIN TO 7600 FT ABOVE MOUTH. ROUND LAKE DRAIN TRIB PIS 11/03/82 MOUTH OF ROUND LAKE CHICAGO RIVER REG 01/01/75 DRAIN TO 1080 FT ABOVE MOUTH. BANGS LAKE DRAIN FIS 11/03/82 MOUTH AT SLOCUM LAKE TO 10250 FT ABOVE MOUTH AND 13800 FT TO 1600 FT ABOVE MOUTH. SLOCUM LAKE DRAIN FIS 11/03/82 MOUTH AT FOX RIVER TO SLOCUM LAKE SPILLWAY. SILVER LAKE DRAIN FIS 11/03/82 MOUTH AT SEQUOIT CREEK TO 2300 FT ABOVE MOUTH. KELLOGG RAVINE FIS 11/03/82 18800 FT TO 25600 FT ABOVE MOUTH AND 29500 FT TO 31600 FT ABOVE MOUTH. SEQUOIT CREEK FIS 06/15/81 ANTIOCH LAKE DRAIN FIS 06/15/81 CROSS LAKE TRIB. FIS 06/15/81 SILVER LAKE DRAIN FIS 06/15/81 MID. FORK N. BR. CHICAGO RIVER REG 01/01/75 NB- 26,27: 50200 FT. TO 52900 ABOVE MOUTH. W. FORK N. BR. CHICAGO RIVER REG 01/01/75 NB -41: 62500 FT. TO 66,250 FT ABOVE MOUTH AT DUFFY LANE. MID. FORK N. BR. CHICAGO RIVER REG 01/01/75 NB- 25,26,27: 33600 FT. to 47050 FT. ABOVE MOUTH AND 48500 FT. TO 50300 ABOVE MOUTH. W. FORK N. BR. CHICAGO RIVER REG 01/01/75 NB- 39,40,41: 44350 FT. ABOVE MOUTH TO MONTGOMERY DRIVE (LAKE -COOK CORPORATE LIMITS TO LAKE ELEANOR) -40- September 1991 COMMUNITY .. ; WATERWAY }^ 4." MAP TYPE +MAP DATE DESCRIPTION`, ---- BULL CREEK �. FIS 11/03/82 MOUTH AT DESPLAINES RIVER TO 7650 FT ABOVE MOUTH AND MIDLOTHIAN ROAD TO 22000 FT ABOVE MOUTH. BULL CREEK TRIB PIS 11/03/82 200 FT TO 11425 FT ABOVE MOUTH. N. BR. BULL, CREEK TRIB FIS 11/03/82 MOUTH AT BULL CREEK TRIB. TO 1525 FT ABOVE MOUTH. W. BR. BULL CREEK TRIB FIS 11/03/82 MOUTH AT BULL CREEK TRIB TO BULL CREEK DRIVE AT 1250 FT ABOVE MOUTH. BULL CREEK (NEAR WAUKEGAN) FIS 11/03/82 CHI. &NW RR TO 550 FT ABOVE BEACH RD. GREENLEAF CREEK FIS 11/03/82 4400 FT. TO 5750 FT ABOVE AND 8700 FT TO 8920 FT ABOVE CONFLUENCE WITH GURNEE TRIB. NIPPERSINK CREEK FIS 11/03/82 FOX LAKE CORP. LIMITS TO COUNTY BOUNDARY. SEQUOIT CREEK FIS 11/03/82 3650 FT TO 5300 FT ABOVE MOUTH AND 9650 FT TO 10400 FT ABOVE MOUTH AND 13450 FT TO 15100 FT ABOVE MOUTH. SQUAW CREEK FIS 11/03/82 MOUTH AT FOX LAKE TO 32150 FT ABOVE MOUTH AND 43600 FT TO 55200 FT ABOVE MOUTH. TOWER LAKE CREEK FIS 11/03/82 4000 FT TO 4600 FT ABOVE MOUTH. WILLOW ROAD CREEK FIS 11/03/82 1375 FT TO 3750 FT ABOVE MOUTH. GARLAND ROAD TRIB FIS 11/03/82 MOUTH AT BANGS LAKE TO 2000 FT ABOVE MOUTH. SUBURBAN COUNTRY CLUB TRIB FIS 11/03/82 MOUTH AT DESPLAINES RIVER TO BEACH ROAD. S. FORK SUBURBAN C.C. TRIB FIS 11/03/82 CONFLUENCE WITH SUBURBAN COUNTRY CLUB TRIB TO WAUKEGAN CORPORATE . LIMITS ABOVE WALL AVE. TRIBUTARY NO. 1 FIS 11/03/82 CONFLUENCE WITH DESPLAINES RIVER TO 10050 FT ABOVE CONFLUENCE. KIMBALL AVE TRIB. FIS 11/03/82 1200 FT TO 1670 FT ABOVE MOUTH. FARRINGTON DITCH FIS 11/03/82 CHECKER ROAD (BUFFALO GROVE) TO 4750 FT ABOVE MOUTH. SEAVEY DRAINAGE DITCH FIS 11/03/82 MOUTH AT INDIAN CREEK TO US ROUTE 45 AND EJ &E RR TO 27100 FT ABOVE MOUTH. -39- September 1991 COMMUNITY �► WATERWAY MAP TYPE 0 MAP DATE DESCRIPTION LAKE ZURICH N. FLINT CREEK FIS 07/05/83 BUFFALO CREEK FIS 07/05/83 LIBERTYVILLE DESPLAINES RIVER REG 10/01/78 DP- 26 -30: SOUTH CORPORATE LIMITS ABOVE RTE. 60 TO NORTH CORPORATE LIMITS. LINCOLNSHIRE DESPLAINES RIVER REG 10/01/78 DP- 23,24: SOUTH CORPORATE LIMITS TO HALF DAY ROAD. INDIAN CREEK FIS 06/11/82 MOUTH AT DESPLAINES RIVER TO 4400 FT. ABOVE MOUTH PAST RTE 22. W. FORK N. BR. CHICAGO RIVER FIS 06/11/82 NOT ON REG. MAP -- WITHIN CORPORATE LIMITS OF LINCOLNSHIRE. LINDENHURST HASTINGS CREEK FIS 01/02/80 LONG GROVE INDIAN CREEK FIS 01/14/83 S. BR. INDIAN CREEK TRIB. FIS 01/14/83 S. BR. INDIAN CREEK FIS 01/14/83 BUFFALO CREEK FIS 01/14/83 TRIB. TO BUFFALO CREEK FIS 01/14/83 METTAWA DESPLAINES RIVER REG 10/01/78 DP- 25 -28: S. CORP. LIMITS TO 60 TOWN LINE ROAD AND EJ &E RR TO NORTH CORP. LIMITS. MUNDELEIN BULL CREEK FIS 07/02/81 SEAVY DRAINAGE DITCH FIS 07/02/81 DIAMOND LAKE DRAIN FIS 07/02/81 NORTH BARRINGTON FLINT CREEK FIS 10/18/83 E. TRIB. FLINT CREEK FIS 10/18/83 N. FLINT CREEK FIS 10/18/83 SIGNAL HILL TRIB. FIS 10/18/83 HONEY LAKE DRAIN FIS 10/18/83 NORTH CHICAGO SKOKIE RIVER REG 01/01/75 NB- 18,19: SOUTHWEST CORP. LIMITS TO 10TH STREET. OLD MILL CREEK MILL CREEK FIS 08/01/80 NORTH MILL CREEK FIS 08/01/80 PARK CITY GREENLEAF CREEK FIS 10/15/81 RIVERWOODS DESPLAINES RIVER REG 10/01/78 DP- 22,23: 76.03 MI TO 77.64 MI ABOVE MOUTH. W. FORK N. BR. CHICAGO RIVER REG 01/01/75 NB- 41,42: 11.6 MI TO 13.16 MI ABOVE MOUTH. ROUND LAKE SQUAW CREEK FIS 08/01/80 ROUND LAKE DRAIN FIS 08/01/80 -42- September 1991 COMMUNITY < `^ _WATERWAY MAP TYPE MAP DATE DESCRIPTION�M' ,. GRAYSLAKE AVON- FREEMONT'DITCH FIS 06/04/80 GREEN OAKS IRONDALE CREEK FIS 03/02/81 FOX RIVER FIS MEADOW HAVEN CREEK FIS 03/02/81 FIS GURNEE DESPLAINES RIVER REG 10/01/78 DP- 32,33,34: BELVIDERE ROAD TO 26700 FT. ABOVE BELVIDERE ROAD AT RTE. 41: GURNEE TRIB. FIS 12/16/80 CONFLUENCE WITH DESPLAINES RIVER TO U.S. RTE. 41. S. FORK GURNEE TRIB FIS 12/16/80 CONFLUENCE WITH GURNEE TRIB. TO 4225 FT. ABOVE CONFLUENCE. HAINESVILLE SQUAW CREEK FIS 02/01/84 HAWTHORN WOODS INDIAN CREEK FIS 11/02/83 W. BR. INDIAN CREEK FIS 11/02/83 NORTH FLINT CREEK FIS 11/02/83 FOREST LAKE DRAIN FIS 11/02/83 HIGHLAND PARK SKOKIE PARK REG 01/01/75 NB- 10- 14:LAKE -COOK ROAD COUNTY BOUNDARY TO OLD ELM ROAD. MID. FORK N. BR. CHICAGO RIVER REG 01/01/75 NB- 25,26,27: LAKE - COOK ROAD COUNTY BOUNDARY TO 56,100 FT. ABOVE CONFLUENCE SKOKIE RIVER. ISLAND LAKE KILDEER LAKE BARRINGTON LAKE BLUFF LAKE FOREST FOX RIVER FIS COTTON CREEK FIS BUFFALO CREEK FIS TRIB. TO BUFFALO CREEK FIS S. FORK TRIB. BUFFALO CREEK FIS SOUTH BRANCH INDIAN CREEK FIS FOX RIVER FIS FLINT CREEK FIS N. ARM FLINT CREEK FIS SKOKIE RIVER REG SKOKIE RIVER MID. FORK N. BR. LAKE VILLA LAKE VILLA CREEK S. BR. LAKE VILLA CREEK NORTH SHORE DRAIN EAGLE CREEK E. BR. EAGLE CREEK N. BR. EAGLE CREEK REG REG FIS FIS FIS FIS FIS FIS 09/16/82 09/16/82 03/02/81 03/02/81 03/02/81 03/02/81 01/02/81 01/02/81 01/02/81 01/01/75 NB- 16,17: 118200 FT. ABOVE MOUTH TO EJ &E R.R. AT 126100 FT ABOVE MOUTH. 01/01/75 NB- 14,15,16: OLD ELM ROAD TO 118200 FT. ABOVE MOUTH. 01/01/75 NB- 27,28,29,30: 56100 FT. TO 81150 FT. ABOVE MOUTH. 07/02/81 07/02/81 07/02/81 07/02/81 07/02/81 07/02/81 -41- September 1991 WAUCONDA WAUKEGAN WINTHROP HARBOR ZION WILLOW ROAD CREEK FIS BANGS LAKE DRAIN FIS GARLAND ROAD TRIB. FIS KIMBALL AVE TRIB. FIS DESPLAINES RIVER REG WAUKEGAN RIVER FIS BULL CREEK FIS SUBURBAN COUNTRY CLUB TRIB FIS COMMUNITY. WATERWAY MAP TYPE MAP DATE DESCRIPTION` ROUND LAKE BEACH ROUND LAKE DRAIN PIS 12/25/81 ROUND LAKE DRAIN TRIB FIS 12/25/81 ROUND LK HEIGHTS ROUND LAKE DRAIN TRIB FIS 01/02/80 ROUND LAKE PARK SQUAW CREEK FIS 06/04180 THIRD LAKE MILL CREEK /THIRD LAKE AVON - FREMONT DITCH FIS 12/25/81 TOWER LAKES TOWER LAKE CREEK FIS 03/02/81 LAKE BARRINGTON DRAIN FIS 03/02/81 TIMBER LAKE DRAIN FIS 03/02/81 VERNON HILLS SEAVEY DRAINAGE FIS 08/01/80 WADSWORTH DESPLAINES RIVER REG 10/01/78 SOUTH CORPORATE LIMITS TO 10400 FT ABOVE CORP. LIMITS. MILL CREEK FIS 02/04/81 MOUTH AT DESPLAINES RIVER TO 3250 FT ABOVE MOUTH. WAUCONDA WAUKEGAN WINTHROP HARBOR ZION WILLOW ROAD CREEK FIS BANGS LAKE DRAIN FIS GARLAND ROAD TRIB. FIS KIMBALL AVE TRIB. FIS DESPLAINES RIVER REG WAUKEGAN RIVER FIS BULL CREEK FIS SUBURBAN COUNTRY CLUB TRIB FIS NORTH SHORE DITCH FIS LAKE MICHIGAN TRIB. FIS KELLOGG RAVINE FIS N. BR. KELLOGG RAVINE FIS KELLOGG RAVINE FIS 12/01/81 12/01/81 12/01/81 12/01/81 10/01/78 268600 FT TO 273100 FT ABOVE MOUTH 06/15/81 GLEN FLORA AVE. . TO SUNSET AVE. 06/15/81 21250 FT TO 24100 FT ABOVE MOUTH. 06/15/81 4900-FT ABOVE MOUTH TO CHI. & NW RR AT 13100 FT ABOVE MOUTH. 06/15/81 150 FT ABOVE WESTERN AVE. TO 3950 FT. ABOVE WESTERN AVE.' 12/02/80 12/02/80 12/02/80 1/16/81 -43- September 1991