O-94-33ORDINANCE NO. 0 -94 -33
AN ORDINANCE ANNEXING CERTAIN LAND
TO THE VILLAGE OF DEERFIELD, ILLINOIS
Published in pamphlet form this
15th day of July , 1994
by the President and Board of
Trustees of Deerfield
JKS15691.1 7/26/94
ORDINANCE NO. 0 -94 -33
AN ORDINANCE ANNEXING CERTAIN LAND
TO THE VILLAGE OF DEERFIELD, ILLINOIS
WHEREAS, the Corporate Authorities of the Village of
Deerfield have caused the publication of a Notice setting forth
the intention of the Village of Deerfield to annex certain
territory pursuant to the authority set forth in Chapter 65,
Section 5/7 -1 -13 (Ill. Comp. Stat.); and
WHEREAS, said territory is not within
of any municipality, is contiguous to the
and is wholly surrounded by the Village of
Village of Riverwoods and consists of less
NOW, THEREFORE, BE IT ORDAINED BY THE
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE
ILLINOIS, AS FOLLOWS:
the corporate limits
Village of Deerfield
Deerfield and the
than 60 acres.
PRESIDENT AND BOARD OF
AND COOK COUNTIES,
SECTION That all the territory described on Exhibit "A"
ONE: attached hereto and made a part hereof, and as
shown on an accurate map of such territory which
is attached hereto and made a part hereof as Exhibit "B" ( "Plat
of Annexation "), be and the same is hereby annexed to the Village
of Deerfield, Lake and Cook Counties, Illinois.
SECTION That the Village Clerk of the Village of
TWO: Deerfield is hereby directed to file in the
office of the Recorder of Deeds of Lake County,
Illinois, being the County in which said territory is situated, a
copy of this Ordinance, together with a Plat of Annexation of the
territory hereby annexed.
SECTION That this Ordinance shall be in full force and
THREE: effect from and after its passage and approval
and when a copy thereof with the Plat of
Annexation is recorded in the office of the Recorder of Deeds,
Lake County, Illinois, thereupon said territory shall be subject
to the jurisdiction and ordinances of the Village of Deerfield,
Illinois.
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5)
NAYS: None (0)
JKS\5691.1 7/26/94
'Swanson (1)
This 15th
This 15th
day of
day of
Jul
A.D. 1994
A.D. 1994
EXHIBIT "A"
Property legally described as follows:
PT W1/2 NW; BEG AT A PNT ON THE CEN LN OF SAUNDERS RD
PNT BNG S4DG 2MN W 232.15' FRM PNT ON N LN OF 1191.6'E OF
NW COR, S4DG 22MN W ALG CEN RD 100'E / /TON LN 327.58',
N4DG 22MN E100, W 327.58' TO POB
Property Commonly Known as 780 Saunders Road
4 .
e
1 3592128
RECORDER
i -AKE COUNTY, iLLIN0i5
STATE OF ILLINOIS ) 54 SEP 14 pig 1: 46
COUNTIES OF LAKE AND COOK j SS
VILLAGE OF DEERFIELD ) o
The undersigned hereby certifies that he is the duly appointed Village Clerk of
the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a
true and accurate copy of
Ordinance No. 0 -94 -33 entitled "An Ordinance Annexing Certain Land to
the Village of Deerfield, Illinois"
as appears in the records and files of the office of the Village Clerk.
Dated this August 23, 1994
' • :J
Village Clerk
i
Wo
ORDINANCE NO. 0 -94 -33
AN ORDINANCE ANNEXING CERTAIN LAND
TO THE VILLAGE OF DEERFIELD, ILLINOIS
Published in pamphlet form this
15th day of July , 1994
by the President and Board of
Trustees of Deerfield
3592128
JKS15691.1 7/26/94 9
ORDINANCE NO. 0 -94 -33
AN ORDINANCE ANNEXING CERTAIN LAND
TO THE VILLAGE OF DEERFIELD. ILLINOIS
WHEREAS, the Corporate Authorities of the Village of
Deerfield have caused the publication of a Notice setting forth
the intention of the Village of Deerfield to annex certain
territory pursuant to the authority set forth in Chapter 65,
Section 5/7 -1 -13 (Ill. Comp. Stat.).; and
WHEREAS, said territory is not within the corporate limits
of any municipality, is contiguous to the.Village of Deerfield
and is wholly surrounded by the Village of Deerfield and the
Village of Riverwoods and consists of less than 60 acres.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, AS FOLLOWS:
SECTION That all the territory described on Exhibit "A"
ONE: attached hereto and made a part hereof, and as
shown on an accurate map of such territory which
is attached hereto and made a part hereof as Exhibit "B" ( "Plat
of Annexation "), be and the same is hereby annexed to the Village
of Deerfield, Lake and Cook Counties, Illinois.
SECTION That the Village Clerk of the Village of
TWO: Deerfield is hereby directed to file-in the
office of the Recorder of Deeds of Lake County,
Illinois, being the County in which said territory is situated, a
copy of this Ordinance, together with a Plat of Annexation of the
territory hereby annexed.
SECTION That this Ordinance shall be in full force and
THREE: effect from and after its passage and approval
and when a copy thereof with the Plat of
Annexation is recorded in the office of the Recorder of Deeds,
Lake County, Illinois, thereupon said territory shall be subject
to the jurisdiction and ordinances of the Village of Deerfield,
Illinois.
AYES: Ehle.rs, Heuberger, Rosenthal, Seidman, Swartz (5)
NAYS: None (0)
ABSENT:
PASSED:
APPROVED:
Swanson (1)
This 15th
This 15th
day of
day of
Jul
A.D. 1994
A.D. 1994
3592128
XM5691.I 7/26/94
EXHIBIT "A"
Property legally described as follows:
PT W1 /2 NW; BEG AT A PNT ON THE CEN LN OF SAUNDERS RD
PNT BNG S4DG 2MN W 232.15' FRM PNT ON N LN OF 1191.6E OF
NW COR, S4DG 22MN W ALG CEN RD 100 -E / /TO N LN 327.58',
N4DG 22MN E100', W 327.58' TO POB
Property Commonly Known as 780 Saunders Road
3592IL28
�i
OVER SIZE
DOCUMENT
(PULLED FROM THIS LOCATION)
iiiiii iiiiiiiiiiiiiii
OOBREAKOO
ORDINANCE NO. 0 -94 -34
AN ORDINANCE AMENDING AND RESTATING
THE VILLAGE OF DEERFIELD STORMWATER MANAGEMENT CODE
Published in pamphlet form this
7th day of September , 1994
by the President and Board of Trustees
of Deerfield.
ORDINANCE NO. 0 -94 -34
AN ORDINANCE AMENDING AND RESTATING
THE VILLAGE OF DEERFIELD STORMWATER MANAGEMENT CODE
WHEREAS, the Lake County Stormwater Management Commission
adopted the Lake County-Comprehensive Stormwater Management Plan
on June 11, 1990 and the Corporate Authorities of the Village of
Deerfield adopted Ordinance No. 0 -92 -38 adopting said Plan as the
"Village of Deerfield Stormwater Management Code ", which
ordinance was subsequently amended by Ordinance No. 0- 93 -31; and
WHEREAS, the Lake County Stormwater Management Commission
has amended and restated the Comprehensive Stormwater Management
Plan by ordinance adopted by the Lake County Board on July 12,
1994 and has determined that uniform and consistent enforcement
of stormwater management will be enhanced by municipalities
adopting the amended and restated standards of the Lake County
Comprehensive Stormwater Management Plan; and
WHEREAS, the President and Board of Trustees of the Village
of Deerfield have determined that the best interests of the
Village will be served by the adoption of an amended and restated
stormwater management code encompassing the current Lake County
stormwater management standards.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS AS FOLLOWS:
SECTION That there is hereby adopted by the President and
ONE: Board of Trustees for the purpose of establishing
stormwater management standards, that certain Code
attached hereto and made a part hereof to be known as the
"Amended and Restated Village of Deerfield Stormwater Management
Code," of which not less than three copies have been and are now
filed in the Office of the Village Manager and the same are
hereby adopted and incorporated as fully as if set out in length
herein, and from the date on which this ordinance shall take
effect, the provisions hereof shall be controlling within the
corporate limits of the Village of Deerfield.
SECTION That the Amended and Restated Village of Deerfield
TWO: Stormwater Management Code shall be enforced by
the Village Manager.
SECTION That nothing in the Amended and Restated Village
THREE: of Deerfield Stormwater Management Code, as hereby
adopted shall be construed to affect any suit or
proceeding now pending in any court, or any rights acquired, or
liability incurred, nor any cause or causes of actions accrued or
existing, under any act or ordinance repealed hereby, nor shall
any right or remedy of any character be lost, impaired or
affected by this ordinance.
ORDINANCE NO. 0 -94 -34
AN ORDINANCE AMENDING AND RESTATING
THE VILLAGE OF DEERFIELD STORMWATER MANAGEMENT CODE
SECTION That the invalidity of any section or provision of
FOUR: the Amended and Restated Village of Deerfield
Stormwater Management Code, as hereby adopted
shall not invalidate other sections or provisions
thereof.
SECTION That Chapter 20 of the Municipal Code of the
FIVE: Village of Deerfield, as amended, be and the same
is hereby further amended by adding at the end
thereof the following:
That there is hereby adopted by the President and
Board of Trustees for the purpose of establishing
stormwater management standards, that certain Code
attached hereto and made a part hereof to be known
as the "Amended and Restated Village of Deerfield
Stormwater Management Code," of which not less
than three copies have been and are now filed in
the Office of the Village Manager and the same are
hereby adopted and incorporated as fully as if set
out in length herein, and from the date on which
this ordinance shall take effect, the provisions
hereof shall be controlling within the corporate
limits of the Village of Deerfield.
SECTION That the Village Clerk is hereby directed to
SIX: publish this Ordinance in pamphlet form.
SECTION That this Ordinance shall be in full force and
SEVEN: effect from and after its passage, approval and
publication, as provided by law.
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
ABSENT: None (0)
PASSED this 7th day of September A.D., 1994.
APPROVED this 7th day of September , A.D., 1994
VI LAGE PRESIDENT
VIIJdAGE CLERK
LAKE COUNTY WATERSHED DEVELOPMENT ORDINANCE
u: %wpdau%wd'ma=\wdojW 12.94
OF
LAKE COUNTY, ILLINOIS
Approved as Amended
By
Lake ' County Board
July 12, 1994
1,
w
J,1
LAKE COUNTY WATERSHED DEVELOPMENT ORDINANCE
u: %wpdau%wd'ma=\wdojW 12.94
OF
LAKE COUNTY, ILLINOIS
Approved as Amended
By
Lake ' County Board
July 12, 1994
Y �
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LAKE COUNTY WATERSHED DEVELOPMENT ORDINANCE
TABLE OF CONTENTS
Title Page
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE
I: AUTHORITY AND PURPOSE . . . . . . . . . . . .
. . . 1
A.
AUTHORITY . . . . . . . . . . . . . . . . . . .
. . . 1
B.
PURPOSE . . . . . . . . . . . . . . . . . . . .
. . . 1
ARTICLE
II: ORDINANCE ENFORCEMENT . . . . . . . . . . .
. . . 2
ARTICLE
III: COMMUNITY CERTIFICATION . . . . . . . . . .
. . . 3
A.
CRITERIA . . . . . . . . . . . . . . . . . . .
. . . 3
. B .
PROCESS . . . . . . . . . . . . . . . . . . . .
. . . 4
ARTICLE
IV: WATERSHED DEVELOPMENT PERMITS . . . . . . .
. . . 5
A.
GENERAL
1. Regulated Development . . . . . . . . . .
. . . 5
2. Exempted Development . . . . . . . . . . .
. .. . 6
3. Development Classification . . . . . . . .
. . . 7
a. Minor Development . . . . . . . . . .
. . . 7
b. Public Road Development . . . . . . .
. . . 8
C. Major Development . . . . . . . . .
. . . 8
4. Approvals Prior to Permitting . . . . . .
. . . 8
a. Conditional Approval . . . . . . . .
. . . 8
b. Earth Change Approval . . . . . . . .
. . . 9
5. Permit Fees and Application Review Times .
. . . 9
6. Contiguous Property . . . . . . . . . . .
. . 10
7. Permit Extensions and Terminations . . . .
. . 10
B.
ALL DEVELOPMENT . . . . . . . . . . . . . . . .
. . 10
1. Performance Standards . . . . . . . . . .
. . 11
a. Plats and Site Plans . . . . . . . .
. . 11
b. Runoff Calculations . . . . . . . . .
. . 12
C. Release Rates and Discharges . . . .
. . 13
d. Runoff Volume Reduction Hierarchy . .
. . 13
e. Detention Facility
14
f. Fee -in -Lieu of On -Site Detention
14
g. Stormwater Conveyance System . . . .
. . 15
(1) Storm Sewers and Swales . . . .
. . 15
(2) Streams and Channels . . . . . .
. . 16
(3) Overland Flow Paths . . . . . .
. . 19
h. Lakes, Ponds and Wetlands . . . . . .
. . 20
i. Buffer Area . . . . . . . . . . . . .
. . 20
j. Soil Erosion and Sediment Control . .
. . 23
2. Application Requirements . . . . . . . . .
. . 25
a. Application Requirements for Minor
Developments . . . . . . . .
. . 25
b. Application Requirements for Major
Developments . . . . . . . . . . . .
. . 25
-i-
Y
C. REGULATORY FLOODPLAINS AND REGULATORY FLOODWAYS . . 29
1. Location of Regulatory Floodplain, Base Flood
Elevation and Regulatory Floodway . . . . . . 29
2. Performance Standards Applicable to all Regulatory
Floodplain Development . . . . . . . . . . . . 31
3. Additional Performance Standards for the
Regulatory Floodway (IDOT /DWR Regulations) 36
4. Special Considerations for the Construction of New
Bridges or Culvert Crossings or Roadway Approaches
or the Reconstruction or Modification of Existing
Bridges, Culvert Crossings or Roadway Approaches42
5. Regulatory Floodplain without Regulatory Floodways
APPENDIX A
DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . 60
APPENDIX B
SMC REGULATORY FLOODPLAIN MAPS AND PROFILES . . . . . . 70
APPENDIX C
FEMA FLOOD INSURANCE STUDIES MAPS AND PROFILES . . . . . 71
APPENDIX D
IDOT /DWR DESIGNATED REGULATORY FLOODWAY MAPS . . . . . . 72
APPENDIX E
ENFORCEMENT OFFICER DUTIES . . . . . . . . . . . . . 82
-ii-
.
6. Application Requirements for
. .
Development
44
in the Regulatory Floodplain
. . . . . . . .
45
D.
FLOOD -PRONE AREAS . . . . . . . .
. . . . . . . . .
46
1. Flood- Carrying Capacity . .
. . . . . . . . .
46
2. Flood -Prone Area Conveyance,
Velocities, Flood
Profiles, and Flood Storage
. . . . . . . . .
46
E.
WETLAND PROVISIONS . . . . .. . .
. . . . . . . . .
47
1. Wetland Performance Standards
. . . . . . . .
47
2. Application Requirements . .
. . . . . . . . .
51
F.
PUBLIC ROADWAY DEVELOPMENT PERMIT
. . . . . . . . .
53
1. Authority and Enforcement .
. . . . . . . . .
53
2. Application Requirements . .
. . . . . . . . .
54
ARTICLE
V: VARIANCES AND APPEALS .
55
A.
VARIANCES . . . . . . . .
55
B.
APPEALS . . . . . . . . . . . . .
. . . . . . . . .
57
ARTICLE
VI: INSPECTIONS AND ACCESS .. . . .
. . . . . . . . .
57
ARTICLE
VII: PENALTIES AND LEGAL ACTIONS .
. . . . . . . . .
57
ARTICLE
VIII: DISCLAIMER OF LIABILITY . .
. . . . . . . . .
58
ARTICLE
IX: SEPARABILITY . . . . . . . . .
. . . . . . . . .
58
ARTICLE
X: ABROGATION AND GREATER RESTRICTIONS
. . . . . .
59
ARTICLE
XI: EFFECTIVE DATE . . . . . . . .
. . . . . . . . .
59
APPENDIX A
DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . 60
APPENDIX B
SMC REGULATORY FLOODPLAIN MAPS AND PROFILES . . . . . . 70
APPENDIX C
FEMA FLOOD INSURANCE STUDIES MAPS AND PROFILES . . . . . 71
APPENDIX D
IDOT /DWR DESIGNATED REGULATORY FLOODWAY MAPS . . . . . . 72
APPENDIX E
ENFORCEMENT OFFICER DUTIES . . . . . . . . . . . . . 82
-ii-
v
APPENDIX F
PUBLIC BODIES OF WATER IN LAKE COUNTY . . . . . . . . . 86
APPENDIX G
IDOT /DWR DAM SAFETY PERMITTING GUIDELINES . . . . . . . 87
APPENDIX H
PARTIAL LIST OF PERMITS REQUIRED (WHEN APPLICABLE) FOR
DEVELOPMENT IN LAKE COUNTY . . . . . . . . . . . . . . . 88
-iii-
V f % k.
Lake County Watershed Development Ordinance
INTRODUCTION
This Ordinance is one part of the adopted Lake County
Comprehensive Stormwater Management Plan. It sets forth the
minimum requirements for the stormwater management aspects of new
development in Lake County. The Lake County Stormwater
Management Commission is the corporate enforcement authority for
the Ordinance. Illinois Compiled Statutes Chapter 55, Act 5,
Section 5 -1062 (55 ILCS 5/5 -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." While local
conditions may sometimes require extraordinary regulatory
measures, the Lake County Stormwater Management Commission (SMC)
has determined that uniform and consistent enforcement will be
enhanced by municipalities adopting the standards of the
Watershed Development Ordinance. 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. The SMC has developed a Technical
Reference Manual which is a recommended guide for users of this
Watershed Development Ordinance.
ARTICLE I: AUTHORITY AND PURPOSE
A. AUTHORITY
This Ordinance is enacted pursuant to the police powers
granted to Lake County by 55 ILCS 5/5 -1062 (County) by
65 ILCS 5, Sections 1 -2 -1, 11- 12 -12, 11 -30 -8, 11 -30 -21
11 -31 -2 and 615 ILCS 5, Sections 5 et seq. and 18g.
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. PURPOSE
The purpose of this ordinance is to establish
reasonable rules and regulations for development in
order tot
1. Meet the requirements of The Rivers, Lakes and
Streams Act, 615 ILCS 5/18g effective November 18,
1987.
2. Prevent additional harm due to periodic flooding
including loss of life and property and threats
and inconveniences to public health, safety and
welfare;
3. Assure that new development does not increase
flood and drainage hazards to others, or create
unstable conditions susceptible to erosion;
4. Create no new financial burden on the taxpayer for
flood control projects, repairs to flood damaged
public facilities and utilities, and for flood
rescue and relief operations;
5. Protect, conserve and promote the orderly
development of land and water resources;
6. Protect buildings and improvements to buildings
from flood damage to the greatest extent possible;
7. Conserve the natural hydrologic, hydraulic, water
quality and other beneficial functions of flood
prone areas, Regulatory•Floodplains and wetlands;
8. Prevent additional disruption of the economy and
governmental services due to stormwater and flood
drainage;
9. 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. Comply with the rules
and regulations of the National Flood Insurance
Program codified as 44 CFR 59 -79, as amended.
ARTICLE II! ORDINANCE ENFORCEMENT
A. 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 Chief Engineer shall be the Enforcement
Officer. One of the primary duties of the Enforcement
Officer shall be to review all watershed development
applications and issue permits for those projects that
are in compliance with the provisions of this
ordinance. The Enforcement Officer shall be responsible
for the administration and enforcement of the
Ordinance.
Included as part of this Ordinance as Appendix E is a
delineation of requirements and duties required of and
accepted by a community and its designated Enforcement
-2-
IN
Officer. Certain requirements or duties specified by
FEMA and IDOT /DWR in Appendix E relate only to the
intergovernmental relationship between a community and
FEMA or IDOT /DWR for the purposes of that community
obtaining or maintaining eligibility for the National
Flood Insurance Program (NFIP) and delegation of state
permit authority.
ARTICLE III: COMMUNITY CERTIFICATION
A municipality or the County may be certified by SMC to enforce
the provisions of this ordinance. 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 the
Regulatory Floodway Development applications to
SMC for transmittal to IDOT /DWR or its designee
for concurrent review and approval.
4. The community maintains records and provides SMC
with certain portions of these records as
described in Appendix E (L).
5. The community will require all engineering
information and plans prepared by a registered
professional engineer, to be reviewed under the
supervision of a registered professional engineer
under the employ or contract of the community for
conformance with this Ordinance prior to permit
issuance.
6. A community which will not have sufficient
capacity to implement all provisions of this
Ordinance by October 18, 1992, 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 the capacity for
full Ordinance implementation.
-3-
i y
ARTICLE III: COMMUNITY CERTIFICATION
B. PROCESS
1. Communities desiring certification may submit a
letter of intent to petition for Certification.
2. A petition for Certification or Provisional
Certification shall be submitted to the SMC
indicating how the community meets the criteria
for certification. A copy of the community's
adopted ordinance shall be included with the
petition.
3. Within 60 days of receipt of the petition and in
conjunction with a scheduled SMC meeting, the
staff recommendation shall be presented.
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.
7. If a certified community or community with
provisional certification knowingly or
consistently issues permits not in accordance with
the Watershed Development Ordinance, or is no
longer a participant in the National Flood
Insurance Program, the SMC shall after notice and
a public hearing held in conjunction with a
regularly scheduled SMC meeting, have the
authority to rescind the community's
certification.
-4-
r, ` it ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
8. The SMC shall rescind a community's certification
for the following reasons:
a. The community is no longer a participant in
the National Flood Insurance Program.
b. The community adopts a Watershed Development
Ordinance or amends its ordinance so that its
ordinance is less restrictive than the SMC
Watershed Development Ordinance.
9. If the community issues a regulatory floodway
development permit not in accordance with Article
IV C.3. SMC shall rescind the community's
authority to administer the IDOT /DWR regulatory
floodway permit program for appropriate uses.
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. A permit
shall be issued if the proposed development meets
the requirements of this Ordinance or its
certified community equivalent. A Watershed
Development Permit is required for any
development, including finalization of a plat,
replat, Planned Unit Development (PUD) or
Manufactured Home Park site plan, which:
a. Is located in a Regulatory Floodplain, (the
performance standards as presented in Article
IV, Section C shall apply), or
b. Is located in a flood -prone area with 100
acres of tributary drainage area or more,
(the performance standards of Article IV,
Section D shall apply) or
C. Is located in a depressional storage area
with a storage volume of 0.75 acre -feet or
more for the base flood, (the performance
standards of Article IV, Section C shall
apply) or
-5-
ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
d. Disturbs a cumulative total of one (1) or
more acres of wetlands, (the performance
standards of Article IV, Section E shall
apply) or
e. Modifies the flood -prone area of a channel
where the tributary drainage area is twenty
(20) or more acres, (the performance
standards of Article IV, Section D, shall
apply) or
f. Includes the total land area of an ownership
parcel, that consists of the following (the
performance standards of Article IV. Section
B. shall apply):
(1) Single family detached residential
developments of five (5) acres or more
or that will result in an impervious
surface area of 50 percent or more;
unless the total impervious area is less
than 0.5 acre; or
(2) Multi- family, non - residential, and other
non - single- family developments of three
(3) acres or more in size, or which will
result in an impervious surface area of
50% or more, unless the total impervious
area is less than 0.5 acre.
g. Any public road development resulting in one
and one -half (1.5) acres or more of
additional impervious surface per mile, for
linear or nonlinear projects; (the
performance standards of Article IV, Section
B shall apply) or
h. Any development which hydrologically disturbs
5,000 square feet or more. This development
activity shall at a minimum meet the erosion
and sediment control performance standards of
Article IV.B.l.j., with associated
application requirements. Public road
developments are required to meet the erosion
and sediment control standards only for those
projects which require permits according to
Article IV, Section A.l.g. above.
2. Exempted Development
All development must meet the minimum state,
federal and local regulations. The following
activities are not subject to the provisions of
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t ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
this Ordinance if the following approvals were
issued prior to October 18, 1992.
a. An approved building permit, or
b. An (1) approved preliminary plat or (2)
annexation agreement or (3) in the case of
industrial or commercial subdivision
replatting, no increase in the approved floor
area ratio or impervious surface area, from
an appropriate municipality or from Lake
County; each of the above items 1, 2, and 3
requires an engineering study with a drainage
component consistent with Article IV Section
B.2.b(5), and consistent with ordinances then
enforced by the appropriate municipality or
Lake County; however in this case the
proposed development is not exempt from
meeting the Regulatory Floodplain Development
Standards of Article IV, Section C, or
C. In the case of a public road development
project,
(1) An awarded construction contract, or
(2) An approved preliminary engineering plan
consistent with the applicable
ordinances or regulations of an
appropriate jurisdictional authority.
However in this case the proposed development
is not exempt from meeting the Regulatory
Floodway Standards in Article IV, Sections
C.3 and C.4 of this Ordinance.
3. Development Classification
All activities requiring a Watershed Development
Permit shall be classified as a minor, major, or
public road development. The definition for each
classification follows:
a. Minor Development
A minor development is defined as any
development that:
(1) Is not located in a depressional storage
area which has a volume larger than 0.75
acre -foot or is not located in any other
portion of a Regulatory Floodplain, and
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
1
(2) Does not disturb a cumulative total of
one (1) or more acre of wetlands, and
(3) Modifies a channel where the tributary
drainage area is less than 100 acres,
and
(4 ) Consists of:
(a) Single family detached residential
development of less than ten (10)
acres; or
(b) Single family detached residential
development of ten (10) acres or
less with a gross density of less
than 0.5 unit per acre, and an
impervious cover area of less than
fifteen (15) percent; or
(c) Multi- family, non - residential and
other developments of less than
three (3) acres requiring a
Watershed Development Permit.
b. Public Road Development
Any development activity which takes place in
a public right -of -way or part thereof that is
administered and funded by a public agency
under its respective roadway jurisdiction.
Rehabilitative maintenance and in -kind
replacement are considered to be a public
road development if located in a Regulatory
Floodplain.. A public road development
located within a Regulatory Floodway and
which has been approved by the IDOT- Division
of Highways, Bureau of Local Roads and
Streets is exempt from this Ordinance.
C. Major Development
A major development is defined as all other
development.
4. Approvals Prior to Permitting
Prior to the issuance of a watershed development
permit, the applicant may request a Conditional
Approval or an Earth Change Approval.
a. Conditional Approval
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i
' ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
Conditional approval of the Regulatory
Floodplain and Regulatory Floodway
delineation, overland flow path, wetland
delineation, runoff volume reduction
hierarchy, and the detention and bypass
computations for a development may be granted
by the Enforcement Officer in a certified
community or the SMC Chief Engineer in a non -
certified community. The conditional
approval will be based on conformance with
the performance standards, and the submittal
of the appropriate application requirements
as listed in Article IV, Sections B, C, D, E,
and F. A letter will be sent to the
applicant stating the results of the review
and the conditions placed on any approvals.
b. Earth Change Approval
If all the performance standards and
application requirements in Article IV,
Sections B, C, D, E, and F have been met,
except for obtaining all the required local,
state and federal approvals, a request for
the commencement of grading activities may be
made on a site prior to the issuance of a
Watershed Development Permit. The proposed
grading activity may commence with written
approval from the Enforcement Officer. The
written approval will state the conditions
and limitations of the proposed grading
activities. No development activity may
occur in those portions of the site for which
state and federal permits are required,
except for IEPA sewer and water extension
permits. Earth change approvals may not be
granted for any development within a
Regulatory Floodplain.
5. Permit Fees and Application Review Times
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. Permit applications shall
be reviewed within 30 days of receipt to determine
if they are complete. Once the application has
been determined to be complete, the permit
applications will be reviewed within 60 days. If
the project site is located in a Regulatory
Floodplain, and the Enforcement Officer has not
approved the application within 90 days, the
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
application shall be deemed denied. For projects
located outside the Regulatory Floodplain, a fully
completed application shall be deemed approved if
it has not been denied within 90 days of receipt.
6. 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 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 parcel area is greater
than the minimum area requirements defined in
Article IV Section A.1, then a Watershed
Development Permit will be required.
7. Permit Extensions and Terminations
Among the causes for terminating a permit during
its term or for denying a permit extension
include, but are not limited to the following:
a. Noncompliance with any condition of the
permit, or
b. 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
C. If the authorized work is not commenced
within three years after issuance of the
permit or, if the authorized work is
suspended or abandoned, for a period of
twelve months after the time of commencing
the work, unless an extension has been
granted in writing by the Enforcement
Officer. The extension should be requested
of the Enforcement Officer in writing no
sooner than 90 days prior to the termination
of the permit.
B. 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
Regulatory Floodplain, wetlands and public roads.
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1
ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
1. Performance Standards
a. Plats and Site Plans
(1) The performance standards for all
development (Article IV) shall be
considered in site planning and
appropriately addressed in the drainage
plan component of subdivisions,
annexation agreements, plats, re- plats,
manufactured home parks and Planned Unit
Developments.
(2) In addressing Article IV, Section B.1.d
"Runoff Volume Reduction Hierarchy"
streets, blocks, lots, easements,
covenants, parks and other public
grounds shall be located and lined out
in such a manner as to preserve and
utilize natural streams, wetlands, and
flood -prone areas whenever possible.
(3) Subdivisions, annexation agreements,
plats, replats, manufactured home parks
and PUDs shall show the Base Flood
Elevation (BFE) and Regulatory Floodway
limits. The plats, replats,
manufactured home parks, PUDS's, or
engineering plans and studies shall
include a signed statement by a
Registered Professional Engineer that
accounts for changes in the drainage of
surface waters in accordance with the
Plat Act (765 ILCS 205/2).
(4) All plats and subdivisions which border
on or include public bodies of water as
defined by IDOT /DWR shall be submitted
by the applicant to IDOT /DWR for review
and approval.
(5) Stormwater management systems shall be
functional before building permits are
issued for residential and non-
residential developments.
(6) Stormwater management systems shall be
functional where practicable for single
parcel developments before general
construction begins.
(7) A community shall not approve any
Planned Unit Development or plat of
subdivision located outside its
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
corporate limits unless such PUD or Plat
meets the minimum performance standards
of the Lake County Watershed Development
Ordinance.
b. 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) Rainfall data as presented in the SMC
Technical Reference Manual which is
based on the Illinois State Water Survey
Bulletins 70 and 71 shall be used.
(4) Runoff calculations for all tributary
land may be based on anticipated future
land use conditions or existing land use
conditions. Anticipated future land use
conditions will be based on future land
use and existing storage facilities.
Future detention facilities may be used
for anticipated future land use
conditions if approved by the SMC Chief
Engineer or for tributary drainage areas
less than 100 acres in a certified
community, the Enforcement Officer.
Existing land use conditions will be
based on existing land use and existing
storage facilities. For each storm
event, runoff calculations will be based
on the critical duration.
(5) Existing depressional storage volume
will be maintained and the volume of
detention storage provided to meet the
requirements of this Ordinance shall be
in addition to the existing storage.
(6) Where in SMC's opinion, fee -in -lieu of
on -site detention is an option, the SMC
will fund the cost to upgrade existing
or future conveyance systems if the
upgrade is consistent with an approved
SMC Basin Plan.
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
C. 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. The release rate requirement
shall apply to the hydrologically
disturbed area of the ownership parcel
unless otherwise approved by the SMC
Chief Engineer in a Non - Certified
Community or the Enforcement Officer in
a Certified Community. The release rate
requirements shall only apply to
developments listed in Article IV,
Section A.1.f. and Article IV A.1.g.
(2) All concentrated stormwater discharges
leaving a site must be conveyed into an
existing channel, storm sewer, or
overland flow path with adequate
downstream stormwater capacity (as
defined in Appendix A) and will not
result in increased flood and drainage
hazard.
(3) The design of stormwater management
systems shall not result in the
interbasin transfer of drainage, unless
no reasonable alternative exists and
there is no legal restraint preventing
such transfer.
d. Runoff Volume Reduction Hierarchy
(1) An applicant shall choose a strategy to
meet the release rate requirements that
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 Regulatory
Floodplains, flood -prone areas, and
wetland areas; 2) Minimizing of
impervious surfaces to be created on the
property; 3) Flow attenuation by use of
open vegetated swales and retention of
existing natural streams and channels;
4) Infiltration of runoff onsite; 5)
Stormwater retention structures; 6) Wet
detention structures; 7) Dry detention
structures; 8) Storm sewers.
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
e. Detention Facilities
(1) All stormwater infiltration, retention
and detention facilities shall be
provided with an emergency overflow
structure capable of passing the base
flood inflow rate without damages to
structures or property.
(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) Stormwater infiltration, retention and
detention facilities required to meet a
development's discharge requirements
shall be designed to by -pass offsite
tributary flow from streams and channels
unless approved by the SMC Chief
Engineer in a non - certified community or
the Enforcement Officer in a certified
community.
(4) Any development involving the
construction, modification or removal of
a dam as defined in Appendix A per 92
Ill. Adm. Code 702 (Rules for
Construction of Dams) shall obtain an
Illinois Division of Water Resources Dam
Safety permit or a letter stating no
permit is required prior to the start of
such activity. Reference Appendix G for
IDOT /DWR Dam Safety permitting
guidelines.
(5) Stormwater retention and detention
facilities shall not be constructed in a
Regulatory Floodplain unless approved by
the SMC Chief Engineer in a non -
certified community or the enforcement
officer in a certified community. If a
retention or detention facility is
constructed in a Regulatory Floodplain,
the development must meet the
requirements of Article IV.C. of this
Ordinance.
f. 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
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+ ` ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
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 within
21 days of 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 is not consistent with
the criteria in Article IV.B.1.f.5.
(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 as approved by the SMC 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 stormwater
management system has "adequate
downstream stormwater capacity"
(see definitions); and
(b) The elimination of on -site
detention facilities is consistent
with an approved SMC Master Plan or
the SMC determines that such an
exemption will not result in an
increased flood and drainage
hazard.
g. Stormwater Conveyance Systems
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
(1) Storm Sewers and Swales
(a) The 10 -year design storm shall be
used as a minimum for the design of
storm sewers, swales, and
appurtenances.
(b) Connections to sanitary sewers or
existing agricultural stormwater
management systems (tiles) will not
be permitted for new developments.
However, with the approval of the
SMC Chief Engineer in non - certified
communities or the Enforcement
Officer in certified communities,
connections to existing
agricultural stormwater management
systems may be allowed'if the
applicant demonstrates that the
existing system is maintainable as
submitted and approved in
accordance with IV.8.2.b.9, has
adequate hydraulic capacity, and
structural integrity. 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.
(c) 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.
(d) All on -site stormwater conveyance
systems shall be designed and
constructed to withstand the
expected velocity of flow from all
events up to the base flood without
erosion. Stabilization adequate to
prevent erosion shall be provided
at the inlets and outlets for all
pipes transitions and paved
channels.
(e) Swales shall be located within a
covenant running with the land of
sufficient size to maintain or
reconstruct the swale.
(2) Streams and Channels
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% ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
The following items are general performance
standards for streams and channels and do not
excuse development from meeting all other
requirements of this Ordinance.
(a) Natural streams and channels are to
be conserved.
(b) If chann,
physical
modified
existing
section,
carrying
channel.
al modification occurs, the
characteristics of the
channel shall meet the
channel in length, cross -
slope, sinuosity and
capacity of the original
(c) Removal of streamside (riparian)
vegetation shall be limited to one
side of the channel.
(d) Clearing of channel vegetation
shall be limited to that which is
essential for construction of the
channel.
(e) If a stream or channel is modified,
a stream or channel mitigation plan
shall be submitted for review and
approval to the Enforcement
Officer. The plan shall show how
the lost natural resource functions
are replaced.
(f) All disturbed areas associated with
a channel modification shall be
seeded or otherwise stabilized
immediately according to Article
IV.B.l.j.l.d.
(g) If channels are modified, an
approved and effective means to
reduce sedimentation and
degradation of downstream water
quality must be installed before
excavation begins and must be
maintained throughout the
construction period.
(h) 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.
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
(i) Streams and channels shall be
expected to withstand all events up
to the base flood without increased
erosion. The use of armoring of
banks using bulkheads, rip -rap and
other materials shall be avoided.
Armoring shall only be used where
erosion cannot be prevented in any
other way such as use of vegetation
or gradual slopes. Such armoring
shall have minimal impact on other
properties, and the existing land
configuration.
(j) A minimum maintenance easement of
12 feet from top of bank is
required along one side of all
channels draining 20 or more acres.
All drainage easements-shall be
accessible to vehicular equipment;
however, linear accessibility for
vehicular equipment is not
required.
(k) Construction vehicles shall cross
streams by the means of existing
bridges or culverts. Where an
existing crossing is not available,
a temporary crossing shall be
constructed in which:
(i) The approach roads will be 0.5
feet or less above natural
grade.
(ii) The crossing will allow stream
flow to pass without backing
up the water above the stream
bank vegetation line or above
any drainage tile or outfall.
(iii) The top of the roadway fill in
the channel will be at least 2
feet below the top of the
lowest bank. Any fill in the
channel shall be non - erosive
material, such as rip -rap or
gravel.
(iv) All disturbed stream banks
will be seeded or otherwise
stabilized as soon as possible
in accordance with Article
IV.B.1.j.l.d. upon
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
installation and again upon
removal of construction
crossings.
(v) The access road and temporary
crossings will be removed
within one year after
installation, unless an
extension of time is granted
by the Enforcement Officer.
(3) Overland Flow Paths
The following items are general performance
standards for overland flow paths and do not
excuse development from meeting all other
requirements of this Ordinance.
(a) All areas of development must be
provided an overland flow path that
will pass the base flood flow
without damage to structures or
property. If the upstream drainage
area is less than 20 acres, the
storm sewer pipe and inlet systems
sized for the base flood can be
constructed in lieu of providing an
overland flow path.
(b) The flow rate for a base flood
shall be used to establish overland
flow path limits, and it shall
include all on -site and off -site
tributary areas in accordance with
Article IV, Section B.1.b.
(c) The overland flow path shall be
protected from any activity, such
as fencing, landscaping, or storage
shed placement, which could impair
its function. Except for
developments approved prior to
October 18, 1992, this protection
shall be established through a
properly recorded covenant running
with the land restricting the use
of the overland flow path area.
(d) No structure in a parcel containing
an overland flow path easement or
covenant shall have a low opening
elevation less than one -half (0.5)
foot above the design high water
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
elevation of the adjacent overland
flow path.
(e) The low opening elevation on any
structure shall be outside the
overland flow path or when within
existing developments shall be at
least one (1.0) foot above the
design high water elevation of the
overland flow path.
h. Lakes, Ponds and Wetlands
(1) All discharges of stormwater from new
development that ultimately end up in
wetlands or existing lakes and ponds
shall divert and detain at least the
first 0.5 inch of runoff, or provide a
similar level of treatment of runoff as
approved by the Enforcement Officer
before discharge into lakes, ponds, and
wetlands.
i. Buffer Areas
(1) Buffer areas are divided into two types,
linear buffers and water body buffers.
(a) Linear buffers shall be designated
along all channels.
(i) When the distance across the
channel between the ordinary
high water marks is greater
than 20 feet, the minimum
buffer width shall be 30 feet
on each side of the channel.
(ii) When the distance across the
channel between the ordinary
high water marks is less than
20 feet, the minimum buffer
width shall be 20 feet on each
side of the channel.
(b) Water body buffers encompass all
non - linear bodies of water and
include exceptional functional
value wetlands, other wetlands with
existing, adjacent native
vegetation that performs a buffer
function, lakes and ponds.
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
(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) No buffers shall be required for
wetlands, other than for exceptional
functional value wetlands or wetlands
that have existing native vegetative
buffers. If the delineated buffer is
less than 30 feet, there shall be a
minimum setback of 30 feet from the edge
of the delineated wetland. In
situations where a 30 foot setback is
not feasible, then best management
practices shall be implemented to offset
the encroachment impacts.
(3) Buffer areas shall be made up of native
midwest vegetation. The use of native
Lake County riparian vegetation is
preferred in the buffer strip.
(4) The boundary of the buffer area for
lakes, ponds and channels shall be
determined by reference to the
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 that originates from a wetland,
lake, pond, or channel on another
property.
(5) Constructed stormwater management
features which require a buffer 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.
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
(6) If an existing buffer area is disturbed
during construction, the vegetated
buffer strip shall be stabilized in
accordance with Article IV.B.l.j.i.d.
(7) Access through buffer areas shall be
provided, when necessary, for
maintenance purposes.
(8) Roadside drainage ditches, channels
draining twenty acres or less,
conveyance systems between on -site
detention facilities, excavated
detention facilities, and transverse
crossings of public road developments
are exempt from buffer requirements.
(9) Where practical, stormwater shall
discharge into a buffer area rather than
directly into a wetland or channel.
Such discharges shall enter the buffer
as unconcentrated flow with appropriate
energy dissipation measures to prevent
excessive erosion and scour.
(10) 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 or setback
area provided the runoff from such
facilities is diverted away from
the wetland or channel or such
runoff is directed to enter the
buffer area as unconcentrated flow.
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
(c) Utility maintenance and maintenance
of drainage facilities and drainage
easements shall be allowed.
(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, Section 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 channels 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) Temporary soil stabilization shall
be applied to disturbed areas
within 15 calendar days of the end
of active hydrologic disturbance.
Permanent stabilization shall be
done within 15 days of final
grading of the soil. Permanent
soil stabilization measures shall
be applied to channels (including
bed and banks) within 15 calendar
days of the end of primary
disturbance of the channel.
Permanent or temporary vegetation
shall not be considered established
until sufficient ground cover is
mature enough to control erosion.
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
(e) Disturbed areas draining less than
1 acre shall be protected by a
filter barrier (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 fewer 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) All storm sewer facilities that are
or will be functioning during
construction shall be protected,
filtered, or otherwise treated to
remove sediment.
(g) If dewatering services are used,
adjacent properties shall be
protected. Discharges shall enter
an effective sediment and erosion
control measure.
(h) 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
shall be permanently stabilized.
(i) 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.
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' ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
(j) Earthen embankments shall be
constructed with side slopes no
steeper than 3H:iV.
(2) Maintenance
All temporary measures and permanent
erosion and sediment control must be
continuously maintained in an effective
working condition.
2. Application Requirements
All the following application requirements shall
be submitted when applicable to the development as
determined by the Enforcement Officer.
a. Application Requirements for Minor
Developments
(1) Name and legal address of the applicant.
Common address and legal description of
the site and the parcel identification
number where the development will take
place.
(2) A general description of the existing
and proposed stormwater management
system including all discharge points,
collection, conveyance, and storage
facilities.
(3) A grading plan showing proposed and
existing contours.
(4) A site drainage plan locating drainage
features, overland flow paths,
stormwater management facilities,
Regulatory Floodplains and wetlands
boundaries.
(5) An area drainage plan locating the
proposed development in the watershed.
(6) A description and depiction of measures
to be taken to control erosion.
b. Application Requirements for Major
Developments
In addition to the requirements for minor
developments, major development applications
require the following information:
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
(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
signature of the applicant or the
applicant's agent.
(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. All
elevations shall be referenced to
National Geodetic Vertical Datum NGVD
(1929 adjusted).
(3) Include cross - section views for the
stormwater management system showing
existing and proposed conditions
including principal dimensions of the
work, and existing and proposed
elevations, normal water and calculated
base flood elevations, and overland flow
depth and path.
(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, and a detailed
determination of the runoff for the
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
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 stormwater management system and the
effects the improvements will have upon
the receiving channel and high water
elevations. Runoff calculations shall
include all discharges entering the site
from upstream areas.
(6) A section in the hydrologic and
hydraulic analysis report describing how
the Runoff Volume Reduction Hierarchy
(as described in Article IV, Section
B.1.d.) was used in evaluating the
stormwater management needs of the site.
(7) For detention facilities, a section in
the hydrologic and hydraulic analysis
report that 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
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
stabilization and revegetation
measures.
(9) A maintenance plan for the ongoing
maintenance of all stormwater management
system components including wetlands is
required prior to plan approval. The
plan shall include:
(a) Maintenance tasks.
(b) The party responsible for
performing the maintenance tasks.
(c) A description of all permanent
public or private access
maintenance easements and overland
flow paths, and compensatory
storage areas.
(d) A description of dedicated sources
of funding for the required
maintenance.
(10) The Application shall meet the
requirements of this Ordinance and shall
be certified and sealed by a Registered
Professional Engineer.
(11) Public trail and park facility projects
which do not involve the placement of
structures or fill can be submitted
without the certification or seal of a
Registered Professional Engineer.
(12) A description of the anticipated dates
of initiation and completion of
activity.
C. The applicant shall obtain and provide a copy
of an IDOT /DWR Dam Safety Permit or a letter
stating that a Dam Safety Permit is not
required if the development includes a dam
before the applicant requests or obtains a
watershed development permit. Reference
Appendix G for IDOT /DWR Dam Safety permitting
guidelines.
d. The applicant shall obtain and provide copies
of any and all required federal, state and
local permits for development in the
Regulatory Floodplain before the applicant
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
requests or obtains a watershed development
permit. Reference Appendix H for a partial
list of permits that may be applicable.
e. The applicant shall submit the data required
to SMC, IDOT /DWR, and FEMA for proposed
revisions to the base flood elevation of a
Regulatory Floodplain study or relocation of
a Regulatory Floodway boundary.
f. The applicant shall provide, when applicable
to the development: an affidavit or
documentation to prove where the development
was above the BFE prior to the effective date
of the first Regulatory Floodplain map;
certification that the ground elevation
existed prior to the effective date of the
first Regulatory Floodplain map.
C. REGULATORY FLOODPLAINS AND FLOODWAYS
1. Location of Regulatory Floodplain, Base Flood
Elevation and Regulatory Floodway
a. The Regulatory Floodplain is delineated
within a development by projecting the base
flood elevation onto the site topography.
b. The Base Flood Elevations (BFE) shall be as
delineated by the 100 year flood profiles,
as indicated on the floodplain studies noted
below;
(1) SMC Regulatory Floodplain profiles,
approved by the SMC for regulatory use
after a 60 day public review and comment
period and approved by IDOT /DWR and
FEMA. for SMC regulatory use, as listed
in Appendix B; or
(2) Should no SMC approved Regulatory
Floodplain profile exist for the site,
the FEMA Flood Insurance Study and
profiles, as listed in Appendix C, or
(3) In the case of FEMA delineated "AH
Zones" the elevation noted on the map
shall be the BFE. In the case of FEMA
delineated "AO Zones" the BFE shall be
the depth number shown on the map added
to the highest adjacent grade, or at
least two feet above the highest
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
adjacent grade if no depth number is
provided, or
(4) When no base flood elevation information
exists, the base flood elevation shall
be determined by a Registered
Professional Engineer using an
appropriate model or technique as
approved by the SMC or IDOT /DWR. In the
case of riverine Regulatory Floodplains,
the flood elevation determination shall
be submitted to SMC for approval prior
to issuance of a watershed development
permit. Once approved, it must be
submitted by SMC to the Illinois State
Water Survey Floodplain Information
Repository for filing.
(a) Where a channel has a tributary
drainage area of, 640 acres or
more, the above analyses shall be
submitted to SMC for approval by
IDOT /DWR.
(b) For a non - riverine Regulatory
Floodplain, the historic flood of
record plus three feet may be used
for the BFE instead of performing a
detailed hydrologic and hydraulic
study.
C. The location of the Regulatory Floodway
shall be as delineated on the maps referenced
in Appendix D. Where interpretation is needed
to determine the exact location of the
Regulatory Floodway boundary, IDOT /DWR should
be contacted.
d. Nothing contained herein shall prohibit the
application of these regulations to land that
can be demonstrated by engineering survey to
lie within any Regulatory Floodplain.
Conversely, any lands (except for those
located in a Regulatory Floodway) that can be
demonstrated by a topographic survey
certified by a registered professional
engineer or registered land surveyor to lie
beyond the Regulatory Floodplain, and show to
the satisfaction of the Enforcement Officer,
to have been higher than the base flood
elevation as of the effective date of the
first floodplain mapping denoting the site
to be in a Special Flood Hazard Area , shall
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
not be subject to the regulations of this
section.
In the case of a site located in the
Regulatory Floodway that is higher than the
BFE, it is subject to the regulations of this
section until such time as a letter of map
revision is received from the IDOT /DWR and
FEMA.
2. Performance Standards Applicable to all Regulatory
Floodplain Development
The standards of this section apply to all
Regulatory Floodplain development except when
superseded by more stringent requirements in the
subsequent sections.
a. Modification and disturbance of natural
riverine Regulatory Floodplains shall be
avoided to protect existing hydrologic and
environmental functions. Such disturbances
shall be minimized and all negative impacts
mitigated as described in a mitigation plan.
b. No development shall be allowed in the
Regulatory Floodplain that shall singularly
or cumulatively 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
Regulatory Floodplain.or channel.
C. For all projects involving channel
modification, fill, stream maintenance, or
levees, the flood carrying capacity of the
Regulatory Floodplain shall be maintained.
d\ Compensatory storage is required for all
storage lost or displaced in a Regulatory
Floodplain due to development.
(1) Hydraulically equivalent compensatory
storage requirements for fill or
structures in a riverine Regulatory
Floodplain shall be at least equal to
1.2 times the volume of Regulatory
Floodplain storage lost or displaced.
Such compensation areas shall be
designed to drain freely and openly to
the channel and located opposite or
adjacent to fill areas. A recorded
covenant running with the land is
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
required to prohibit any modification to
the compensation area. The Regulatory ,
Floodplain storage volume lost below the
existing 10 -year frequency flood
elevation must be replaced below the
proposed 10 -year frequency flood
elevation. The Regulatory Floodplain
storage volume lost above the 10 -year
existing frequency flood elevation must
be replaced above the proposed 10 -year
frequency elevation.
(2) Hydraulically equivalent compensatory
storage requirements for fill or
structures in a non - riverine Regulatory
Floodplain shall be at least equal to
1.0 times the volume of Regulatory
Floodplain storage lost or displaced.
e. Public Health Protection Standards
(1) No developments in the Regulatory
Floodplain shall include locating or
storing chemicals, explosives, buoyant
materials, animal wastes, fertilizers,
flammable liquids, pollutants, or.other
hazardous or toxic materials below the
Flood Protection Elevation (FPE).
(2) 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.
(3) On -site waste disposal systems shall be
designed to avoid inundation by the base
flood.
f. Building Protection Requirements
(1) The lowest floor including basements 'of
all new residential structures shall be
elevated up to at least the flood
protection elevation. An attached garage
for a new structure must be elevated up
to at least 1/2 of one foot above the
base flood elevation.
(a) If placed on fill,. the top of the
fill for the residential structure
shall be above the flood
protection elevation. The top of
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
fill for an attached garage shall
be 1/2 of one foot above the base
flood elevation. The fill shall be
placed at that elevation for a
distance of ten feet out from the
building unless the building design
is certified by a registered
structural engineer to be protected
from damages due to hydrostatic
pressures. Additionally, the fill
must be demonstrated not to settle
below the flood protection
elevation for the residential
structure and not below 1/2 of one
foot above the base flood for an
attached garage, and to be
adequately protected against
erosion, scour and differential
settlement.
(b) If elevated by means of walls,
pilings, or other foundation, the
building's supporting structure
must be permanently open to flood
waters and not subject to damage by
hydrostatic pressures of the base
flood . The permanent openings
shall be no more than one foot
above grade, and consist 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. All areas
below the Flood Protection
Elevation shall be constructed of
materials resistant to flood
damage. The lowest floor
(including basement) for the
residential structure and all
electrical, heating, ventilating,
plumbing, and air conditioning
equipment and utility meters shall
be located at or above the Flood
Protection Elevation. An attached
garage must be elevated to at least
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ff
ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
1/2 of one foot above the BFE.
Water and sewer pipes, electrical
and telephone lines, submersible
pumps and other waterproofed
service facilities may be located
below the flood protection
elevation. No area less than one
foot above the base flood elevation
shall be used for storage of items
or materials.
(2). The lowest floor, including basements
of an existing structure with a
substantial improvement shall be
elevated in order to be not less than
one foot above the base flood
elevation.. The requirements above in
Articles IV. C.2.f(1) a and b shall
also apply to this section.
(3) The lowest floor including the basement
of all new or substantially improved
non - residential buildings shall be
elevated at least to the Flood
Protection Elevation in accordance with
Article IV, Section C.2.f.1 a &b or be
structurally dry flood - proofed to at
least the Flood Protection Elevation. A
nonresidential building may be
structurally dry floodproofed (in lieu
of elevation) provided that a Registered
Professional Engineer or structural
engineer shall certify that the building
has been structurally dry floodproofed
below the flood protection elevation and
the structure and attendant utility
facilities are watertight and capable of
resisting the effects of the base flood.
The building design shall take into
account flood velocities, duration, rate
of 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.)
(4) Manufactured homes and recreational
vehicles to be installed on a site for
more than 180 days, shall be elevated to
or above the flood protection elevation
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
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 870.
(5) Tool sheds, detached garages, and
attached garages which are not
substantial improvements on an existing
single - family .platted lot, may be
constructed with the lowest floor below
the flood protection elevation in
accordance with the following:
(a) The building shall not be used for
human habitation.
(b) All areas below the base flood
elevation shall be constructed with
waterproof material. Structures
located in a Regulatory Floodway
shall be constructed and placed on
a building site so as not to block
the flow of flood waters and shall
also meet the Appropriate Use
criteria of Article IV, Section
C.3. In addition, all other
requirements of this Ordinance must
be met.
(c) The structure shall be anchored to
prevent flotation.
(d) Service facilities such as
electrical and heating equipment
shall be elevated or floodproofed
to the flood protection elevation.
(e) The building shall be valued at
less than $9,000 (1994 costs) or be
no greater than 576 square feet in
floor size.
(f) The building shall be used only for
the storage of vehicles or tools
and may not contain other rooms,
workshops, greenhouses or similar
uses.
(6) A non - conforming structure damaged by
flood, fire, wind or. other natural or
man -made disaster may be restored unless
the damage meets or exceeds fifty
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i
1
ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
percent (50 %) of its market value before
it was damaged, in which case it shall
conform to the above provisions of
Article IV, Section C.2.f.
g. If the proposed development would result in a
change in the mapped Regulatory Floodplain or
base flood elevation on a site, the applicant
shall submit sufficient data to obtain a
Letter of Map Revision (LOMR) from FEMA.
Proposed changes to Regulatory Floodplain and
Regulatory Floodway delineations and base
flood elevations should be submitted to SMC.
IDOT /DWR concurrence is required for changes
to the base flood elevation and floodway
delineation.
h. If the development is located in a public
body of water, as defined by IDOT /DWR, a
permit must also be received from IDOT /DWR.
i. Any work involving construction or
modification or removal of a dam or an on-
stream structure to impound water shall
obtain an Illinois Division of Water
Resources Dam Safety Permit or letter
indicating a permit is not required prior to
the start of development activity. Reference
Appendix G for IDOT /DWR Dam Safety Permitting
guidelines.
3. Additional Performance Standards for the
Regulatory Floodway (IDOT /DWR Regulations)
The only development in a Regulatory Floodway
which will be allowed are appropriate uses which
will not cause an increase in flood heights for
all flood events up to and including the base
flood Only those appropriate uses listed below
and in 92 Ill. Adm Part 708 will be allowed in the
Regulatory Floodway. Appropriate uses do not
include the construction or placement of any new
structures, fill, building additions, buildings on
stilts, fencing (including landscaping or planting
designed to act as a fence) and storage of
materials except as specifically defined below as
an appropriate use. If the development is
proposed for the Regulatory Floodway portion of
the Regulatory Floodplain the following standards
apply in addition to the previously stated
standards for the Regulatory Floodplain:
a. Only the construction, modification, repair
or replacement of the following appropriate
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lI ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
uses will be allowed in the Regulatory
Floodway:
(1) Public flood control
private improvements
control of drainage
existing buildings,
quality or habitat f
wildlife;
structures and
relating to the
and flooding of
erosion, water
or fish and
(2) Structures or facilities relating to
functionally water dependent uses such
as facilities and improvements relating
to recreational boating and as
modifications or additions to existing
wastewater treatment facilities;
(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 direction) built
,parallel to the direction of flood
flows, and including open air pavilions;
(6) Detached garages, s
other nonhabitable
toilet facilities,
buildings that will
flows nor reduce Re
storage.
torage sheds, or
structures without
accessory to existing
not block flood
gulatory Floodway
(7) Bridges, culverts and associated
roadways, sidewalks and railways,
necessary for crossing over the
Regulatory Floodway or for providing
access to other appropriate uses in the
Regulatory Floodway and any modification
thereto;
(8) Parking lots (where the existing depth
of flooding for the base flood event is
less than one foot) and aircraft parking
aprons both built at or below ground
elevation and any modifications thereto;
(9) Regulatory Floodway regrading, without
fill, to create a positive non - erosive
slope toward a channel.
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N
ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
(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) The replacement, reconstruction or
repair of a damaged building, provided
that the outside dimension of the
building are not increased and, provided
that the building is not damaged to 50%
or more of the building's market value
before it was damaged. When damage is
50 percent or more, the activity shall
conform to Article IV, Section C.2.g.
(12) Modifications to an existing building,
which are not substantial improvements,
that would not increase the enclosed
floor area of the building below the
base flood elevation, and which will not
block flood flows including but not
limited to, fireplaces, bay windows,
decks, patios, and second story
additions. No enclosed floor areas may
be built on stilts.
b. Additions to the above list of appropriate
uses are not allowed.
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 that
of Article IV Sections C.1 and C.2 and is so
stated in writing with supporting plans,
calculations and data prepared by a
registered professional engineer.
(1) All effective Regulatory Floodway
conveyance lost due to the development
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
of Appropriate Uses, other than bridge
or culvert crossings or on- stream
structures or dams, shall be replaced
for all flood events up to and including
the base flood. In calculating
effective Regulatory Floodway
conveyance, the following factors shall
be taken into consideration:
(a) Regulatory Floodway conveyance,
1.486
K = ARC - -
n
where "n" is Manning's roughness
coefficient, "A" is the effective
area of the cross - section, and "R"
is the ratio of the area to the
wetted perimeter.
(b) The same Manning's n -value shall be
used for both existing and proposed
conditions'unless a recorded
maintenance agreement with a
federal, state, or local unit of
government can ensure the proposed
conditions will be maintained or
the land cover is changing from a
vegetative to a non - vegetative land
cover.
(2) Transition sections shall be provided
and used in calculations of effective
Regulatory Floodway conveyance, in the
design of excavations in the Regulatory
Floodway, between cross - sections with
rapid expansions and contractions, and
when meeting the Regulatory Floodway
delineation on adjacent properties. 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.
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
(c) Water will not expand or contract
faster than one foot vertical for
every ten feet of flooded stream
length.
(d) All cross - sections used in the
calculations shall be located
perpendicular to flood flows.
(e) In the design of excavations in the
Regulatory Floodway, erosion /scour
protection shall be provided on
land upstream and downstream of
proposed transition sections.
(3) 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 base
flood event. However, 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 rip -rap or other
design measures.
(4) In the case of on- stream structures
built for the purpose of backing up
water,'an increase in upstream stage
when compared to existing conditions for
all flood events up to and including the
base flood event shall be contained
within recorded easements. 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.
(5) If flood proofing construction is
required beyond the outside dimensions
of an existing habitable, residential or
commercial building, the outside
perimeter of the flood proofing
construction shall be placed no further
than 10 feet from the outside of the
building. Compensation of lost storage
and conveyance will not be required for
flood proofing activities.
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
(6) For public flood control projects, the
permitting requirements of Article IV
C. will be considered met if the
applicant can demonstrate to IDOT /DWR
through hydraulic and hydrologic
calculation that the proposed project
will not singularly or cumulatively
result in increased flood heights
outside the project right -of -way or
easements for all flood events up to and
including the base flood event.
(7) General criteria for analysis of flood
elevations.
(a) The flood profiles, flows and
Regulatory Floodway data in the
Regulatory Floodway study,
referenced in Article IV, Section
C.1, must be used for analysis of
the base conditions, If the study
data appears to be in error or
conditions have changed, IDOT /DWR
shall be contacted for approval and
concurrence on the appropriate base
conditions data to use.
(b) If the base flood elevation at the
site of the proposed development
is affected by backwater from a
downstream receiving stream with a
larger drainage area, the proposed
development shall be shown to meet
the requirements of this section
for the base flood elevations of
the Regulatory Floodway conditions
and conditions with the receiving
stream at normal water elevations.
(c) If the applicant is informed by
IDOT /DWR, local governments, or a
private owner that a downstream or
upstream restrictive bridge or
culvert is scheduled to be removed,
reconstructed, modified, or a
regional flood control project is
scheduled to be built, removed,
constructed or modified within the
next five years, the proposed
development shall be analyzed and
shown to meet the requirements of
this section for both the existing
conditions and the expected flood
profile conditions when the bridge,
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
culvert or flood.control project is
built.
(8) If the appropriate use will result in a
change in the Regulatory Floodway
location or a change in the BFE, the
applicant shall submit to SMC the
information required to be issued a
Conditional Letter of Map Revision
( CLOMR) from IDOT /DWR and FEMA to SMC.
A public notice inviting public comment
on the proposed change in the BFE or
location in the Regulatory Floodway will
be issued by IDOT /DWR or its designee
before a CLOMR is issued. The
application will not be considered
complete until the CLOMR is received.
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 IDOT /DWR
and FEMA.
e. For those circumstances listed below and
located in a. Regulatory Floodway, the
following information shall be submitted to
IDOT /DWR or SMC:
(1) Analysis of the flood profile due to a
proposed bridge, culvert crossings and
roadway approaches.
(2) An engineer's determination that an
existing bridge or culvert crossing or
approach road is not a source of flood
damage and the analysis indicating the
proposed flood profile.
(3) Alternative transition sections and
hydraulically equivalent storage.
(4) IDOT /DWR will retain permit authority
for any IDOT /DWR projects, dams, etc.
all other state, federal or SMC
projects.
(5) SMC will issue permits to local units of
government for Regulatory Floodway
development.
4. Special Considerations for the Construction of New
Bridges or Culvert Crossings and Roadway
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
Approaches or the Reconstruction or Modification
of Existing Bridges, Culvert Crossings or Roadway
Approaches
a. A proposed new structure shall not result in
an increase of upstream flood stages greater
than 0.1 foot when compared to the existing
conditions for all flood events up to and
including the base flood event unless
contained within the channel banks, or
recorded easements. The evaluation must be
submitted to the SMC for review and
concurrence before a permit is issued.
b. If the proposed development will increase
upstream flood stages greater than 0.1 feet,
the applicant must contact IDOT /DWR, Dam
Safety Section for a Dam Safety permit or
waiver.
C. Lost Regulatory Floodway storage must be
compensated for per the Regulatory Floodplain
performance standards of this Ordinance
except that artificially created storage lost
or displaced due to a reduction in head loss
behind a bridge shall not be required to be
replaced, provided no flood damage will be
incurred downstream.
d. velocity increases must be mitigated per the
Regulatory 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. For modification or replacement of existing
structures, the existing structure must first
be evaluated in accordance with Department of
Transportation Rules 92 Ill. Adm. Code Part
708 to determine if the existing structure is
a source of flood damage. If the structure
is a source of flood damage, the applicant's
engineer shall submit justification to allow
the damage to continue and evaluate the
feasibility of relieving the structure's
impact. Modifications or replacement .
structures shall not increase flood stages
compared to the existing condition for all
flood events up to and including the base
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I
ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
flood event. The evaluation must be
submitted to IDOT /DWR or its designee for
review and concurrence before a permit is
issued.
f. If the crossing is proposed over a public
body of water , an IDOT /DWR permit must be
obtained.
g. 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.
5. Regulatory Floodplains without Regulatory
Floodways
The Applicant, through SMC, shall obtain approval
from IDOT /DWR for all development with a tributary
drainage area of 640 acres or more located within
the Regulatory Floodplain without a delineated
Regulatory Floodway. The development shall not
singularly or cumulatively result in an
obstruction of flood flows or potential flood
damages outside the development due to increased
flood heights, velocities, or loss of floodplain
storage. The applicant shall meet the
requirements of Articles IV.0 of this Ordinance
according to the following criteria:
a. Submit to SMC an engineering study performed
by a Registered Professional Engineer which
will determine a floodway which meets the
definition of a Regulatory Floodway and show
that the proposed development will meet the
requirements of Articles IV.0 of this
Ordinance, or
b. Submit to SMC an engineering study performed
by a Registered Professional Engineer which
will determine a base flood elevation and
demonstrate that the proposed development
will maintain the existing conditions
conveyance, will not increase flood
velocities, will not increase flood profiles,
and will compensate for all lost flood
storage at a ratio of 1.2:1 in a manner that
is hydraulically equivalent, or
C. Submit to SMC an engineering study performed
by a Registered Professional Engineer which
will demonstrate that for a range of flood
elevations (which would conservatively exceed
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
the expected 100 -year flood elevation) that
the proposed development will maintain the
existing conditions conveyance, will not
increase flood velocities, will not increase
flood profiles, and will compensate for all
lost flood storage at a ratio of 1.2:1 in a
manner that is hydraulically equivalent.
6. Application Requirements for Development in the
Regulatory Floodplain.
If the development is located in a Regulatory
Floodplain, the applicant shall 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,
Regulatory Floodplain limit and for work
in public bodies of water as defined by
IDOT /DWR, the navigation channels.
(2) Cross - section views of the project for
the impacted reach showing existing and
proposed conditions including principal
dimensions of the work as shown in plan
view, existing and proposed elevations,
normal water elevation, 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
with the project site delineated and
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. The
applicant shall obtain and provide copies of
any and all required federal, state and local
permits for development in the Regulatory
Floodplain before the applicant requests or
obtains a watershed development permit.
Reference Appendix H for a partial list of
permits that may be applidable.
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I
ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
d. Engineering calculations and supporting data
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 existing
and proposed Regulatory Floodplain and
Regulatory 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 and attached
garages) or the elevation to which a non-
residential building has been floodproofed
using a floodproofing certificate for all
buildings in the Regulatory Floodplain.
D. FLOOD -PRONE AREAS
The standards of this section apply to development
located in flood -prone areas with drainage areas less
than 640 acres or in depressional storage areas, as
specified.
1. Flood- carrying Capacity
The flood- carrying capacity shall be maintained for
channels with flood- prone-areas draining a tributary
area of 20 acres or more. (IV.B.l.g)
2. Flood -prone Area Conveyance, Velocities, Flood
Profiles, and Flood Storage
For all development within a flood -prone area where the
tributary drainage area is 100 acres or more, the
applicant shall meet the requirements of Articles IV.0
2. e. and f. of this Ordinance according to the
following criteria:
a. Submit to SMC an engineering study performed by a
Registered Professional Engineer which will
determine a floodway which meets the definition of
a Regulatory Floodway and show that the proposed
development will meet the requirements of Articles
IV.0 of this Ordinance, or
b. Submit to SMC an engineering study performed by a
Registered Professional Engineer which will
determine a base flood elevation and-demonstrate
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I
ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
that the proposed development will maintain the
existing conditions conveyance, will not increase
flood velocities, will not increase flood
profiles, and will compensate for all lost flood
storage at a ratio of 1.2:1 in a manner that is
hydraulically equivalent, or
C. Submit to SMC an engineering study performed by a
Registered Professional Engineer which will
demonstrate that for a range of flood elevations
(which would conservatively exceed the expected
100 -year flood elevation) that the proposed
development will maintain the existing conditions
conveyance, will not increase flood velocities,
will not increase flood profiles, and will
compensate for all lost flood storage at a ratio
of 1.2:1 in a manner that is hydraulically
equivalent.
E. WETLAND PROVISIONS
In order to insure no net loss of the county's wetland
resources, the following provisions are required when 1
or more cumulative acres of wetland are impacted. The
provisions of this section regarding wetland submittal
requirements will not be executed by the SMC until such
time as a Memorandum Of Agreement or General.Permit has
been issued by the U.S. Army Corps of Engineers.
1. Wetland Performance Standards
a. The applicant shall delineate all wetland
area boundaries in accordance with the
current federal wetland determination
methodology.
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,
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
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, water quality,
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 determine
which of the following mitigation
options is appropriate.
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• ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
(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.
(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
by functional replacement. The
replacement of lost wetland functions,
as identified in the functional
assessment report shall be at a minimum
equal to those previous to disturbance.
The minimum land area 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 the midwest.
(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 wetland's beneficial
functions.
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
(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 criterion, 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 final report, the
monitoring requirements shall be
considered fulfilled.
(3) If at any time during the monitoring
period, inspections or data indicate
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
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
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 transmittal
to the Corps and concurrent review.
2. Application Requirements
All the following application requirements will be
required unless waived by the Enforcement Officer.
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) Minimizing of unavoidable impacts to the
maximum extent possible.
(3) Selection and justification of an
appropriate mitigation option.
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
(4) Appropriate use of wetlands for
detention.
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 that include
mitigation project locations,
topography, cross - sections, stockpile
areas, erosion and sediment control
practices, equipment and supply storage
areas.
(4) A construction schedule that includes
starting and completion dates.
(5) Hydrologic analysis that 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 that;
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
(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 taken or that need to
be taken to implement the
mitigation plan to meet the
mitigation standards.
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.(9)) of the Ordinance applies to
restored, enhanced,-or created wetlands.
F. PUBLIC ROADWAY DEVELOPMENT PERMIT
1. Authority and Enforcement
a. The SMC shall be responsible for the review,
enforcement, and issuance of all Public Road
Developments Permits.
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ARTICLE IV: WATERSHED DEVELOPMENT PERMITS
b. The performance standards of this Ordinance
shall apply to all Public Road Developments.
The release rate performance standard of
Article IV, Section B.i.c shall apply only to
additional impervious surface areas or in the
case of new road construction, the
hydrologically disturbed areas. Detention
requirements shall be applied only to those
projects described in Article IV, Section
A.l.g.
C. The fee -in -lieu of on -site detention option
shall be authorized for all public road
developments on existing alignments provided
the downstream drainage system has adequate
stormwater capacity and that it will not
result in negative impacts to the drainage
system.
2. Application Requirements
a. A copy of any applicable Illinois Department
of Transportation - Division of Water
Resources Permit application.
b. A copy of any applicable U.S. Army Corps of
Engineers 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. Material should
be consistent with the submittal requirements
of Article IV, Section B.2.b(5) and the
engineering requirements of Article
IV.B.(3,4, and 5).
e. A Soil Erosion and Sediment Control Plan
consistent with Article IV, Section B.l.j.
f. A Wetland Determination Report and Mitigation
Plan consistent with Article IV, Section E,
if applicable.
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ARTICLE V: VARIANCES AND APPEALS
ARTICLE V: VARIANCES AND APPEALS
A. VARIANCES
The Enforcement Officer upon application, after
hearing, and subject to the process and standards that
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 the spirit,
purpose and intent 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 would
result in an unreasonable hardship.
1. In Certified Communities, the Certified
Community's Enforcement Officer shall administer
the variance provisions.
2. In non - Certified Communities and for Public Road
Developments, the SMC Chief Engineer shall
administer the variance provisions.
3. A public notice will be issued inviting public
comment on all proposed variances to major
development performance standards. In a Certified
Community a copy of the public notice will be sent
to SMC.
4. 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 and that all buildings
will be protected by methods that minimize
flood damage during the base flood elevation,
and
e. A finding that the development activity can
not be located outside the Regulatory
Floodplain, and
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ARTICLE V: VARIANCES AND APPEALS
f. A determination that the activity is not in a
Regulatory Floodway. No variances.shall be
granted to any development located in a
Regulatory Floodway. No variances shall be
granted pertaining to Articles IV.C.3,
IV.C.4, and IV.C.5; and
g. The applicant's circumstances are unique and
do not represent a general problem, and
h. The granting of the variance will not alter
the essential character of the area involved
including existing stream uses.
5. 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.
6. Variances requested in connection with restoration
of a historic site or building listed on the
National Register of Historical Places or
documented as worthy of preservation by the
Illinois Historic Preservation Agency may be
granted using criteria more permissive than the
requirements contained in this Article.
7. The Enforcement Officer shall notify an applicant
in writing that a variance from the requirements
of Article IV.C.2.f. that would lessen the degree
of protection to a building will result in
increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance
coverage, increase the risks to life and property,
and require that the applicant will acknowledge in
a signed exception to title the assumption of the
risks and liability and will pay upon approval of
the variance a recording fee above and beyond the
usual permit review fee.
8. In a Regulatory Floodplain without a regulatory
floodway where the tributary drainage area is 640
acres or more, a variance may not be granted that
will result in a loss of the Regulatory Floodplain
storage of greater than 10% of the existing
Regulatory Floodplain storage on the site.
9. Variances requested in connection with the
redevelopment of previously developed sites, that
will further the public policy goals of downtown
redevelopment and neighborhood revitalization, may
be granted a variance provided the variance would
not result in an increase in the pre - redevelopment
runoff rate or volume and there will exist
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ARTICLE VI: INSPECTIONS AND ACCESS
adequate downstream stormwater capacity. No
variance shall be granted pertaining to Article
IV.C.
10. Due to the unique nature of Public Road
Developments occurring in a narrow R.O.W. instead
of an expansive tract of land, variances requested
in connection with public road developments that
will further the public policy of minimizing the
condemnation of private or public property may be
granted using criteria more permissive than the
requirements of Article V, Section A.4 to the
minimum extent necessary to achieve the minimal
amount of condemnation. No variances shall be
granted pertaining to Articles IV.C.3, IV.C.4, and
IV.C.5; and
11. Written findings shall be made public for all
Variances and shall be on file with the SMC.
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 or the appropriate body.
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
Representatives of the SMC and of any federal, state and
local unit of government are authorized to enter upon any
land or water to inspect development activity.
ARTICLE VII: PENALTIES AND LEGAL ACTIONS
A. 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 that (1) describes the violation
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ARTICLE VIII: DISCLAIMER OF LIABILITY
(2) specifies the time period for remediation and (3)
requires compliance with the Ordinance prior to the
completion of the activity in violation.
B. Failure.to comply with any of the requirements of this
Ordinance shall constitute a violation, and any person
convicted 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.
C. 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.
D. SMC or the Certified Community may record a notice of
violation on the title to the property at the Lake
County Recorder of Deeds Office.
E. The Enforcement Officer shall inform the owner that any
such violation is considered a willful act to increase
flood damages and, therefore, may cause coverage by a
Standard Flood Insurance Policy to be suspended.
ARTICLE VIII: 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 nor any Certified Community nor any officer or
employee thereof for any flood damages that result from
reliance on this Ordinance or any administrative decision
lawfully made thereunder.
ARTICLE I%: 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.
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ARTICLE X: ABROGATION AND GREATER RESTRICTIONS
ARTICLE X: ABROGATION AND GREATER RESTRICTIONS
This Ordinance is not intended to repeal, abrogate or impair
any existing easements, covenants, or deed restrictions.
Where this Ordinance and other ordinance, easements,
covenants, or deed restrictions conflict or overlap,
whichever imposes the more stringent restrictions shall
prevail. This Ordinance is intended to repeal the original
ordinance or resolution which was adopted to meet the
National Flood Insurance Program regulations, but is not
intended to repeal the resolution which the community passed
in order to establish initial eligibility for the program.
ARTICLE XI: EFFECTIVE DATE
The effective date of this Ordinance shall be October 18,
1992; unless a community chooses an earlier effective date
by:
1. Executing the Delegation Agreement, approved by the SMC
on May 20, 1992, in which case the effective date of
this Ordinance, within that community's jurisdiction,
would be the date of Delegation Agreement execution.
OR
2. Receiving Community Certification from the SMC prior to
October 18, 1992, in which case the effective date of
this Ordinance within that community's jurisdiction
would be the date of Community Certification petition
approval by SMC.
Official: Date:
Attest: Date:
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adequate downstream
facility shall be a
stormwater capacity
up to and including
increasing property
downstream known to
causing significant
APPENDIX A
DEFINITIONS
stormwater capacity: A stormwater management
Dnsidered to have adequate downstream
if the facility can be shown to accommodate
the 100 -year stormwater runoff without
damage to the adjacent property or to a point
the Enforcement Officer to be a restriction
backwater.
applicant: 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 the SMC or
Certified Community.
appropriate use:
Only uses of the Regulatory Floodway that are permissible and
will be considered for permit issuance. The only uses that will
be allowed are as specified in Article VI C.3.
base flood: The flood having a one percent probability of being
equaled or exceeded in any given year. The base flood is also
known as the 100 -year frequency flood event. Application of the
base flood elevation at any location is as defined in Article IV
c.1. of this Ordinance.
Base Flood Elevation (BFE): The elevation delineating the level
of flooding resulting from the 100 -year flood frequency
elevation.
basement: Any area of a building having its floor subgrade
(below grade level) on all sides.
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 regulatory
floodplain management rules and regulations which are consistent
with or at least as stringent as these of this Lake County
Watershed Development Ordinance.
-60-
.f
channel: Any river, stream, creek brook, branch, natural or
artificial depression, ponded area, lakes, flowage, slough,
ditch, conduit, culvert, gully, ravine, swale, wash, or natural
or man -made drainageway, 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 and lining and
significant removal of bottom or woody vegetation of the channel.
Channel modification does not includes the clearing of dead or
dying vegetation, debris, or trash from the channel.
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 regulatory floodplain.
conditional approval regulatory floodway map change :.
Preconstruction approval by IDOT /DWR and the Federal Emergency,
Management Agency of a proposed change to the Regulatory Floodway
map and /or BFE. 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
Regulatory Floodway map and /or BFE can be changed, as previously
agreed, upon review and acceptance of as built plans.
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 Regulatory Floodway and /or BFE 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: Measurable rise in flood heights on buildings currently
subject to flooding, flooding of buildings currently not subject
to flooding and 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 where
stormwater collects.
-61-
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: Finalization of a.plat, replat, or 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. Installation of a manufactured home on a site, preparation of
a site for a manufactured home, or the placement of a
recreational vehicle 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 resurfacing of roadways when the road
elevation is not increased, or gardening, plowing, and similar
agricultural practices that do not involve filling, grading, or
construction of levees. Nor does development include
agricultural practices outside of the Regulatory Floodplain
involving filling or grading as part of a SCS designed and
approved conservation project (i.e., terraces, grass waterways).
Additionally, development does not include fence installation,
pole placement, drilling or other minor auxiliary construction
activity which does not effect stormwater runoff rates or volumes
as long as the development activity is not located in a
Regulatory Floodplain, wetland or channel.
drainage area: The land area above a given point that contributes
stormwater to that point.
dry detention facility: A dry detention facility is a detention
facility designed to drain completely after temporary storage of
stormwater flows and to normally be dry over the majority of its
bottom area.
-62-
elevation certificates: A form published by the Federal Emer-
gency Management Agency that is used to certify the elevation to
which a building has been constructed.
enforcement officer: The SMC Chief Engineer or the Certified
Community development regulations officer.
erosion: The process whereby soil is removed by flowing water or
wave action.
exceptional functional value wetland: Any wetland identified as
such in the USEPA Advanced Identification Study of Lake county
(ADID) or any wetland that through a functional assessment meets
the criteria defined in that study for determining exceptional
functional value.
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
codified as 44 CFR 59 -79 effective as of October 1,:1986. This
incorporation does not include any later editions or amendments.
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 Insurance Rate Maps (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 Regulatory Floodplains and may or may
not depict Regulatory Floodways.
floodRIain (regulatory): See Regulatory Floodplain.
floodplain management: An overall program of corrective and
preventive measures for avoiding or reducing future flood damage.
flood -prone area: Any area inundated by the base flood.
Flood Protection Elevation (FPE): The elevation of the base
flood elevation plus 2 feet of freeboard .
flood - proofing: 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.
-63-
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.
floodway (regulatory): See Regulatory Floodway
freeboard: An increment of height added to the base flood eleva-
tion to provide a factor of safety for uncertainties in calcula-
tions, 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, water quality and other beneficial functions.
historic structure: A "Historic Structure" is any structure that
is:
A. Listed individually in the National Register of Historic
Places or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing
on the National Register;
B. Certified or preliminarily determined by the Secretary of
the Interior as contributing to the historic district or a
district preliminarily determined by the Secretary to
qualify as a registered historic district;
C. Individually listed on the State.inventory of historic
places by the Illinois Historic Preservation Agency; or
D. Individually listed on a local inventory of historic places
that has been certified by the Illinois Historic
Preservation Agency.
hydraulically equivalent compensatory storage: Compensatory
storage placed between the proposed normal water elevation and
the proposed 100 -year flood elevation. All storage lost or
displaced below the existing 10 -year flood elevation is replaced
below the proposed 10 -year flood elevation. All storage lost or
displaced above the existing 10 -year flood elevation is replaced
above the proposed 10 -year flood elevation.
hydrologic and hydraulic calculations: Engineering analysis
which determines expected flood flows and flood elevations based
on land characteristics and rainfall events.
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.
hydrologically disturbed: An area where the land surface has
been cleared, grubbed, compacted, or otherwise modified to
increase runoff, volumes, rates, or direction.
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.
-64-
IDOT /DWR: 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.
in -kind replacement (culvertl: An in -kind culvert replacement
has an equivalent cross - sectional area, shape, roughness
coefficient, and inlet and outlet elevations; or the replacement
may be shown to have an equivalent hydraulic capacity using
appropriate engineering calculations.
inspect: To visit, or to review plans, or to oversee a site
visit or plan review per generally accepted engineering practice.
lake: A natural or artificial body of water encompassing an area
of two or more acres which retains water throughout the year.
Letter of Map Amendment (LOMA): Official determination by FEMA
that a specific structure is not in a Special Flood Hazard Area
amends the effective Flood Hazard Boundary Map (FHBM) or Flood
Insurance Rate Map (FIRM).
Letter of Map Revision (LOMR): Letter issued by.FEMA or IDOT /DWR
that revises base flood elevations, flood insurance rate zones,
flood boundaries or Regulatory Floodways as shown on an effective
FHBM or FIRM.
low opening elevation: The elevation at which water could enter
a structure through any non - watertight opening such as a doorway
threshold, a-window sill, or a basement window well.
lowest floor: Lowest floor if the lowest enclosed area,
including basement.
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 manufactured homes also include
park trailers, recreational vehicles and other similar vehicles
installed on site for more than 180 consecutive days.
manufactured home park or subdivision: A parcel (or contiguous
parcels) of land divided into two or more manufactured home lots
for rent or sale.
mitigation: Measures taken to eliminate or minimize damage from
development activities, such as construction in wetlands or
Regulatory Floodplain filling, by replacement of the resource .
GVD: National Geodetic Vertical Datum of 1929.
natural: When used in reference to streams and channels means
those streams and channels formed by the existing surface
topography of the earth prior to changes made by man. A modified
stream and channel which has regained natural characteristics
-65-
over time as it meanders and reestablishes vegetation may be con-
sidered natural.
non- riverine regulatory floodplain: Regulatory floodplains not
associated with streams, creeks or rivers, such as isolated
depressional storage areas or lakes.
ordinary high water mark: The point on the bank or shore at which
the presence 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.
overland flow path: An area of land which conveys stormwater for
all events up to and including the base flood event. The
overland flow path can be estimated using readily available
topographic information and shall take into account all on -site
and off -site tributary areas in accordance with Article IV B.
lb(4).
ownership parcel: Any legally described parcel of land. This
includes contiguous lots or parcels of land, owned in whole, or
in part, by the same property owner.
Parcel Identification Number (PIN): 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 bodies of water: All open public rivers, streams, and
lakes specifically designated by IDOT /DWR in Appendix F of this
ordinance that are capable of being navigated by water craft, in
whole or in part, for commercial uses and purposes, or which in
their natural condition were capable of being improved and made
navigable, or that are connected with or discharged their waters
into navigable lakes or rivers within, or upon, the borders of
the State of Illinois, together with all bayous, sloughs,
backwaters, lakes that are open to the main channel 'or body of
water and directly accessible thereto.
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, or structures. 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 public right -of -way or part thereof that is
administered and funded by a public agency under its respective
roadway jurisdiction. Rehabilitative maintenance and in -kind
replacement are considered to be a public road development if
located in a Regulatory Floodplain. A public road development
located within a Regulatory Floodway and which has been approved
-66-
by the IDOT, Division of Highways (IDOT /DOH), Bureau of Local
Roads and Streets is exempt from this Ordinance.
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).
Regulatory Floodplain: Regulatory Floodplains may be either
riverine or non - riverine depressional areas. Floodplain
boundaries shall be delineated by projecting the base flood
elevation onto the best available topography. A flood prone area
is a Regulatory Floodplain if it meets any of the following
descriptions:
a. Any riverine area inundated by the base flood where there is
at least 640 acres of tributary drainage area.
b. Any non - riverine area with a storage volume of 0.75 acre -
foot or more when inundated by the base flood...,,
C. Any area indicated as a Special Flood Hazard Area on the
FEMA Flood Insurance Rate Map and located with ,the best
available topography to be inundated by the base flood.
Regulatory Floodway: The channel, including onstream lakes, and
that portion of the Regulatory Floodplain adjacent to a stream or
channel as designated by the Illinois Department of Transpor-
tation, 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 velocities. The location of the Regulatory
Floodway shall be as delineated on the maps listed in Appendix
D. Where interpretation is needed to determine the exact
location of the Regulatory Floodway boundary, the IDOT /DWR
should be contacted for the ,interpretation.
rehabilitative maintenance (roadway): Rehabilitative maintenance
is repair or maintenance that does not increase the traffic lanes
and does not involve changes to the roadway elevation.
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 stream (includ-
ing creeks and rivers).
sedimentation: The processes that deposit soils, debris, and
other materials either on other ground surfaces or in bodies of
water or watercourses.
-67-
SMC Chief Engineer : A Registered Professional Engineer
representing the Lake County Stormwater Management Commission as
the Enforcement Officer of the Watershed Development Ordinance.
SRecial Flood Hazard Area (SFHA): Any area subject to
inundation by the base flood from a river, creek, stream, or any
other identified channel or ponding and shown on the Regulatory
Floodplain map as listed in Appendices B,C or D.
stormwater management: A set of actions taken to control storm -
water 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.
stream: A course of running water flowing in a channel (includes
creeks and rivers).
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 recreational vehicle
on a site for more than 180 days.
substantial improvement: Any repair, reconstruction or
improvement of a 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 of a structure listed on the
National Register of Historic Places or a State Inventory of
Historic Places.
transition section: Reaches of the stream or Regulatory Floodway
where water flows from a narrow cross - section to a wide cross -
section or vice - versa.
water dependent: Structures of facilities relating to the use
of, or requiring access to, the water or shoreline. EXamples of
water dependent uses include but are not limited to pumping
-68-
facilities, wastewater treatment facilities, facilities and
improvements related to recreation boating or commercial
shipping.
watershed: The land area above a given point on a channel 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.
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 conformance
with provisions of this ordinance.
wet detention facility: A wet detention facility designed to
maintain a permanent pool of water after the temporary storage of
stormwater runoff.
Wetland: Land 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 vegeta-
tion). 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. 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;
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.
-69-
APPENDIX H
SMC REGULATORY FLOODPLAIN MAPS AND PROFILES
COMMUNITY WATERWAY MAP TYPE MAP DATE DESCRIPTION
-70-
APPENDIX C
FEMA FLOOD INSURANCE STUDY MAPS AND PROFILES
DATE OF CURRENT
EFFECTIVE MAP FIS STUDY
COMMUNITY NAME COMMUNITY MEMBER (OR MAP INDEX) DATE
ANTIOCH
1703581
JUN
15,
1981
DEC
15,
1980
ARLINGTON HEIGHTS
1700561
MAR
01,
1984
MAR
1,
1984
BANNOCKBURN
170359#
JUN
15,
1979
DEC
1978
BARRINGTON HILLS
170058B
AUG
10,
1979
NONE
BARRINGTON
170057#
OCT
16,
1984
OCT
16,
1984
BUFFALO GROVE
170068#
DEC
16,
1988
DEC
16,
1988
DEERFIELD
170361C
AUG
04,
1988
AUG
04,
1988
FOX LAKE
170362#
JUN
17,
1986
JUN
17,
1986
GRAYSLAKE
170363#
JUN
04,
1980
DEC
1979
GREEN OAKS
170364#
MAR
02,
1981
SEP
02,
1980
GURNEE
170365#
DEC
16,
1980
JUN
1980
HAINESVILLE
171005#
FEB
01,
1984
AUG
1,
1983
HAWTHORN WOODS
170366#
NOV
02,
1983
MAY
02,
1983
HIGHLAND PARK
170367#
NOV
05,
1980
MAY
1980
ISLAND LAKE
170370#
SEP
16,
1982
MAR
16,
1982
KILDEER
170371#
MAR
02,
1981
SEP
02,
1980
LAKE BARRINGTON
170372#
SEP
02,
1988
SEP
02,
1988
LAKE BLUFF
170373#
JAN
16,
1981
JUL
16,
1980
LAKE COUNTY ( *)
1703571
NOV
03,
1982
MAY
03,
1982
LAKE FOREST
170374#
FEB
18,
1981
AUG
18,
1980
LAKE VILLA
170375#
JUL
02,
1981
JAN
02,
1981
LAKE ZURICH
170376#
JUL
05,
1983
JAN
05,
1983
LAKEMOOR
170915#
JAN
19,
1983
JUL
19,
1982
LIBERTYVILLE
170377#
JAN
16,
1980
JUL
1979
LINCOLNSHIRE
170378#
JUN
11,
1982
JAN
1980
LINDENHURST
170379#
JAN
02,
1980
JUL
1979
LONG GROVE
170380#
JAN
14,
1983
NOV
19,
1980
METTAWA
170381#
MAR
28,
1980
SEP
1979
MUNDELEIN
170382#
JUL
02,
1981
JAN
02,
1981
NORTH BARRINGTON
170383#
OCT
18,
1983
APR
18,
1983
NORTH CHICAGO
170384#
DEC
05,
1980
NONE
OLD MILL CREEK
170385#
AUG
01,
1980
FEB
1980
PARK CITY
170386#
OCT
15,
1981
APR
15,
1981
RIVERWOODS
170387#
AUG
15,
1980
FEB
1980
ROUND LAKE BEACH
170389#
DEC
25,
1981
FEB
1980
ROUND LAKE HEIGHTS
170390#
JAN
02,
1980
JUL
1979
ROUND LAKE PARK
170391#
JUN
04,
1980
DEC
1979
ROUND LAKE
170388#
AUG
01,
1980
FEB
1980
THIRD LAKE
170392#
DEC
25,
1981
AUG
1979
TOWER LAKES
1703931
MAR
02,
1981
SEP
02,
1980
VERNON HILLS
170394#
AUG
01,
1980
FEB
1980
WADSWORTH
170395#
FEB
04,
1981
AUG
04,
1980
WAUCONDA
170396#
DEC
01,
1981
JUN
01,
1981
WAUKEGAN
170397#
JUN
15,
1981
DEC
15,
1980
WINTHROP HARBOR
170398#
DEC
02,
1980
JUN
1980
WHEELING
170173#
OCT
18,
1983
MAR
1978
ZION
170399#
JAN
16,
1981
JUL
16,
1980
( *) - UNINCORPORATED AREAS ONLY
-71-
APPENDIX D
IDOT /DWR DESIGNATED REGULATORY FLOODWAY MAPS LIST
COMMUNITY WATERWAY MAP TYPE
MAP DATE
DESCRIPTION
UNINCORPORATED DES PLAINES 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.
DES PLAINES RIVER
TRIB (RUSSEL) FIS
11/03/82
CONFLUENCE WITH
DES PLAINES RIVER
TO WADSWORTH
ROAD.
E. FK. DES PLAINES
RIVER TRIG FIS
11/03/82
CONFLUENCE WITH
DESPLAINES RIVER
TRIB. TO WAVERLY
STREET.
-72-
COMMUNITY WATERWAY MAP TYPE MAP DATE DESCRIPTION
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.
BRANCH
CHICAGO RIVER FIS 11/ 3/82 1400 FT. UPSTREAM
OF ROUTE 176 TO
ROUTE 137.
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.
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.
-73-
COMMUNITY WATERWAY MAP
TYPE
MAP DATE
DESCRIPTION
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 CREEKIS
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.
BULL CREEK
FIS
11/03/82
MOUTH AT
DESPLAINES RIVER
TO 7650 FT ABOVE
MOUTH AND
MIDLOTHIAN ROAD
TO 22000 FT ABOVE
MOUTH.
-74-
COMMUNITY WATERWAY MAP TYPE MAP DATE DESCRIPTION
BULL CREEK TRIB FIS
N. BR. BULL CREEK TRIBFIS
W. BR. BULL CREEK TRIBFIS
11/03/82 200 FT TO 11425
FT ABOVE MOUTH.
11/03/82 MOUTH AT BULL
CREEK TRIG. TO
1525 FT ABOVE
MOUTH.
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 TRIG.
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 C. CLUB TRIB FIS
11/03/82
MOUTH AT
DESPLAINES RIVER
TO BEACH ROAD.
S. FORK SUB. C.C. TRIBFIS
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.
-75-
COMMUNITY WATERWAY MAP TYPE
MAP DATE
DESCRIPTION
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.
DIAMOND LAKE DRAIN
FIS
11/03/82
STATE ROUTE 83 TO
10500 FT ABOVE
CONFLUENCE WITH
INDIAN CREEK.
DEER LAKE DRAIN
FIS
11/03/82
2450 FT TO 16250
FT ABOVE
CONFLUENCE WITH
INDIAN CREEK.
FOREST LAKE DRAIN
FIS
11/03/82
1200 FT TO 6400
FT ABOVE
CONFLUENCE 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
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
FIS
11/03/82
MOUTH OF ROUND
LAKE 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.
SLOUGH LAKE
FIS
11/03/82
ENTIRELY
LAKE CHARLES
FIS
11/03/82
ENTIRELY
-76-
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)
FOX LAKE
SQUAW CREEK
FIS
03/20/81
COMMUNITY
WATERWAY MAP
TYPE
MAP DATE
DESCRIPTION
GREEN OAKS
DEER LAKE
FIS
11/03/82
ENTIRELY
ANTIOCH
SEQUOIT CREEK
FIS
06/15/81
GURNEE
ANTIOCH LAKE DRAIN
FIS
06/15/81
DP- 32,33,34:
CROSS LAKE TRIB.
FIS
06/15/81
BELVIDERE ROAD TO
SILVER LAKE DRAIN
FIS
06/15/81
26700 FT. ABOVE
BANNOCKBURN
BR.
BELVIDERE ROAD AT
CHICAGO RIVER
REG
01/01/75
NB- 26,27: 50200
GURNEE TRIB.
FIS
12/16/80
FT. TO 52900
ABOVE MOUTH.
TO
W. FORK N. BR.
CHICAGO RIVER
REG
01/01/75
NB -41: 62500 FT.
S. FORK GURNEE TRIB
FIS
12/16/80
TO 66,250 FT
ABOVE MOUTH AT
4225
DUFFY LANE.
DEERFIELD
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)
FOX LAKE
SQUAW CREEK
FIS
03/20/81
GRAYSLAKE
AVON - FREEMONT DITCH
FIS
06/04/80
GREEN OAKS
IRONDALE CREEK
FIS
03/02/81
MEADOW HAVEN CREEK
FIS
03/02/81
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
-77-
COMMUNITY
WATERWAY MAP
TYPE
MAP DATE
DESCRIPTION
FT. ABOVE
CONFLUENCE.
HAINESVILLE
SQUAW CREEK
FIS
02/01/84
HAWTHORN WOODS
INDIAN CREEK
FIS
11/02/83
W. BR. INDIAN CREEK
FIS
11/p2/83
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.
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
FOX RIVER
FIS
09/16/82
COTTON CREEK
FIS
09/16/82
MUTTON CREEK
FIS
09/16/82
KILDEER
BUFFALO CREEK
FIS
03/02/81
TRIB. TO BUFFALO CREEKFIS
03/02/81
S. FORK TRIB.
BUFFALO CREEK
FIS
03/02/81
S. BRANCH INDIAN CREEKFIS
03/02/81
LAKE BARRINGTON
FOX RIVER
FIS
09/02/88
FLINT CREEK
FIS
09/02/88
N. ARM FLINT CREEK
FIS
09/02/88
FLINT LAKE
FIS
09/02/88
TOWER LAKE CREEK
FIS
09/02/88
LAKE BARRINGTON DRAIN
FIS
09/02/88
LAKE BLUFF
SKOKIE RIVER
REG
01/01/75
NB- 16,17: 118200
FT. ABOVE MOUTH
TO EJ &E R.R. AT
126100 FT ABOVE
MOUTH.
LAKE FOREST
SKOKIE RIVER
REG
01/01/75
NB- 14,15,16: OLD
ELM ROAD TO
118200 FT. ABOVE
MOUTH.
BR.
REG
01/01/75
NB- 27,28,29,30:
56100 FT. TO
81150 FT. ABOVE
MOUTH.
-78-
W. FORK N. BR.
CHICAGO RIVER FIS
LINDENHURST HASTINGS CREEK FIS
LONG GROVE INDIAN CREEK FIS
S. BR. INDIAN CREEK TRIG.
S. BR. INDIAN CREEK FIS
BUFFALO CREEK FIS
TRIB. TO BUFFALO CREEKFIS
METTAWA DESPLAINES RIVER REG
MUNDELEIN BULL CREEK FIS
SEAVY DRAINAGE DITCH FIS
DIAMOND LAKE DRAIN FIS
ST. MARY'S LAKE FIS
DIAMOND LAKE FIS
LOCH LOMOND FIS
NORTH BARRINGTON FLINT CREEK
E. TRIB. FLINT CREEK FIS
-79-
06/11/82 NOT ON REG. MAP -
- WITHIN
CORPORATE LIMITS
OF LINCOLNSHIRE.
01/02/80
01/14/83
FIS 01/14/83
01/14/83,
01/14/83
01/14/83
10/01/78 DP- 25 -28: S.
CORP. LIMITS TO
60 TOWN LINE ROAD
AND EJ &E RR TO
NORTH CORP.
LIMITS.
07/02/81
07/02/81
07/02/81
07/02/81
07/02/81
07/02/81
FIS 10/18/83
10/18/83
COMMUNITY
WATERWAY MAP
TYPE
MAP DATE
DESCRIPTION
LAKE VILLA
LAKE VILLA CREEK
FIS
07/02/81
S. BR. LAKE VILLA CREEKIS
07/02/81
NORTH SHORE DRAIN
FIS
07/02/81
EAGLE CREEK
FIS
07/02/81
E. BR. EAGLE CREEK
FIS
07/02/81
N. BR. EAGLE CREEK
FIS
07/02/81
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
LINDENHURST HASTINGS CREEK FIS
LONG GROVE INDIAN CREEK FIS
S. BR. INDIAN CREEK TRIG.
S. BR. INDIAN CREEK FIS
BUFFALO CREEK FIS
TRIB. TO BUFFALO CREEKFIS
METTAWA DESPLAINES RIVER REG
MUNDELEIN BULL CREEK FIS
SEAVY DRAINAGE DITCH FIS
DIAMOND LAKE DRAIN FIS
ST. MARY'S LAKE FIS
DIAMOND LAKE FIS
LOCH LOMOND FIS
NORTH BARRINGTON FLINT CREEK
E. TRIB. FLINT CREEK FIS
-79-
06/11/82 NOT ON REG. MAP -
- WITHIN
CORPORATE LIMITS
OF LINCOLNSHIRE.
01/02/80
01/14/83
FIS 01/14/83
01/14/83,
01/14/83
01/14/83
10/01/78 DP- 25 -28: S.
CORP. LIMITS TO
60 TOWN LINE ROAD
AND EJ &E RR TO
NORTH CORP.
LIMITS.
07/02/81
07/02/81
07/02/81
07/02/81
07/02/81
07/02/81
FIS 10/18/83
10/18/83
i
COMMUNITY
WATERWAY MAP
TYPE
MAP DATE
DESCRIPTION
N. FLINT CREEK
FIS
10/18/83
SIGNAL HILL TRIG.
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
ROUND LAKE DRAIN FIS
ROUND LAKE FIS
ROUND LAKE BEACH ROUND LAKE DRAIN
ROUND LAKE DRAIN TRIB FIS
ROUND LAKE FIS
ROUND LK HEIGHTS ROUND LAKE DRAIN TRIB
ROUND LAKE PARK SQUAW CREEK
THIRD LAKE MILL CREEK /THIRD LAKE
AVON - FREMONT DITCH FIS
TOWER LAKES TOWER LAKE CREEK FIS
LAKE BARRINGTON DRAIN FIS
TIMBER LAKE DRAIN FIS
VERNON HILLS SEAVEY DRAINAGE FIS
WADSWORTH DESPLAINES RIVER REG
MILL CREEK FIS
WAUCONDA WILLOW ROAD CREEK FIS
BANGS LAKE DRAIN FIS
-80-
08/01/80
08/01/80
08/01/80
FIS 12/25/81
12/25/81
08/01/80
FIS 01/02/80
FIS 06/04/80
12/25/81
03/02/81
03/02/81
03/02/81
08/01/80
10/01/78 SOUTH CORPORATE
LIMITS TO 10400
FT ABOVE CORP.
LIMITS.
02104/81 MOUTH AT
DESPLAINES RIVER
TO 3250 FT ABOVE
MOUTH.
12/01/81
12/01/81
COMMUNITY WATERWAY MAP TYPE MAP DATE DESCRIPTION
GARLAND ROAD TRIG. FIS 12/01/81
KIMBALL AVE TRIG. FIS 12/01/81
WAUKEGAN DESPLAINES RIVER REG 10/01/78 268600 FT TO
273100 FT ABOVE
MOUTH.
WAUKEGAN RIVER FIS 06/15/81 GLEN FLORA AVE.
TO SUNSET AVE.
BULL CREEK FIS 06/15/81 21250 FT TO 24100
FT ABOVE MOUTH.
SUBURBAN COUNTRY CLUB TRIB FIS 06/15/81
4900 FT ABOVE MOUTH TO CHI. & NW RR AT 13100 FT ABOVE
MOUTH.
NORTH SHORE DITCH FIS 06/15/81 150 FT ABOVE
WESTERN AVE. TO
3950 FT. ABOVE
WESTERN AVE.
WINTHROP HARBOR LAKE MICHIGAN TRIB. FIS 12/02/80
KELLOGG RAVINE FIS 12/02/80
N. BR. KELLOGG RAVINE FIS 12/02/80
ZION
KELLOGG RAVINE FIS 1/16/81
-81-
APPENDIX E
ENFORCEMENT OFFICER DUTIES
This Appendix, as a part of this duly adopted Ordinance,
delineates requirements or duties required of and accepted by a
community and its designated Enforcement Officer. Certain
requirements or duties specified by FEMA or IDOT /DWR are for the
purposes of that community obtaining or maintaining eligibility
for participation in the National Flood Insurance Program and
delegation of state permit authority. These requirements or
duties relate only to the intergovernmental relationship between
a community and FEMA or IDOT /DWR, and they do not and are not
intended to create any third party beneficial rights in or for
applicants, property owners, or others.
A. 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
Chief Engineer shall be the Enforcement Officer. One of the
primary duties of the Enforcement Officer shall be to review
all watershed development applications and issue permits for
those projects that are in compliance with the provisions of
this ordinance. The Enforcement Officer shall be responsible
for the administration and enforcement of this Ordinance.
B. The Enforcement Officer shall determine for each
development if it is in a Special Flood Hazard Area (SFHA)
using the criteria specified in Article IV.C.l. of this
ordinance. If a. site is in a SFHA, a determination is
required as to whether it is in a Regulatory Floodway, or a
Regulatory Floodplain on which a detailed study has not been
conducted, or a flood -prone area with a tributary drainage
area equal to or greater than 640 acres, greater than 100
acres, or greater than 20 acres.
C. The Enforcement Officer shall ensure that an IDOT /DWR Dam
Safety permit is obtained or a letter stating that no Dam
Safety permit is required if the development includes a dam
before the issuance of a watershed development permit.
Reference Appendix G for IDOT /DWR Dam Safety Permitting
guidelines.
If the Enforcement Officer finds a dam which is believed to
be in an unsafe condition, the Enforcement Officer shall
immediately notify the owner of the dam and the Illinois
Emergency Services and Disaster Agency (ESDA), and the
IDOT /DWR, Dam Safety Section in Springfield.
D. Adopted Basin Plans may 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 Basin Plan and supersede those of this
Ordinance only upon amendment to the Watershed Development
Ordinance and approval of the basin plan by IDOT /DWR and
FEMA.
-82-
E. The Enforcement Officer may require deed restrictions,
performance bonds or sureties, as -built certification or
maintenance guarantees as stipulated in this ordinance to
assure projects are built and maintained according to
permitted plans. If such performance bond or sureties or
other such adequate security as the Enforcement Officer may
approve is required, the amount shall be equal to 110
percent of the estimated cost to complete construction of
the stormwater management system required by the Watershed
Development Permit, which estimated probable cost shall be
approved by the Enforcement Officer. If a performance bond
or surety is required by another community, that includes
the cost of the stormwater management system of the
development, additional performance bonding or surety shall
not be required.
F. A Registered Professional Engineer in the employ or under
contract with SMC or Certified Community shall review any
plans, calculations or analyses submitted by a Registered
Professional Engineer pursuant to the requirements of this
Ordinance.
G. Proposed amendments to this ordinance and appendices must be
done in accordance with applicable state or federal law and
approved by IDOT /DWR and FEMA.
H. Prior to the issuance of a Watershed Development Permit, and
based on the reliance that the application requirements of
Article IV.B.2. have been met, the Enforcement Officer shall
further ensure that the applicant has obtained and provided
copies of any and all required federal, state and local
permits for all development in the Regulatory Floodplain
Reference Appendix H for a partial list of permits that may
be applicable.
I. The Enforcement Officer.shall inspect (as.,defined in
Appendix A of this ordinance) all development projects
before, during and upon completion of construction to ensure
proper elevation of the structure and to ensure compliance
with the provisions of this Ordinance.
J. IDOT /DWR or SMC has retained permit review and approval
authority over the following:
1. Illinois Department of Transportation projects, dams
or impoundment structures as defined in Appendix A.
2. All other state, federal or local unit of government
projects, including projects of the County located in
the Regulatory Floodplain.
3. Determination that an existing bridge or culvert
crossing is not a source of flood damage and the
analysis indicating the proposed flood profile, per
Article IV C.4.
4. An analysis of flood profile as indicated in Article
IV. C.4.
-83-
5. Alternative transition sections and hydraulically
equivalent compensatory storage as indicated in
Article IV C-3-d.
6. Permit issuance for development within or over Public
Waters.
7. Any changes in the Base Flood Elevation or Regulatory
Floodway locations, and,
8. Base flood Elevation determinations where none now
exist.
9. Determination that the development is a public flood
control project.
K. The Enforcement Officer shall submit the data required to
SMC, IDOT /DWR, and the Federal Emergency Management Agency
(FEMA) for proposed revisions to the base flood elevation of
a Regulatory Floodplain study or a relocation of a
Regulatory Floodway boundary.
The Enforcement Officer shall submit reports as required for
the National Flood Insurance Program.
L. 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:
1. Maintain records of every Watershed Development Permit
application, permit, variance, hydrologic and
hydraulic data, and enforcement action and shall
allow periodic inspections of the records by SMC,
FEMA, or IDOT /DWR personnel.
2. Maintain an Elevation Certificate and flood - proofing
certificate file to certify the elevation of the
lowest floor (including basement) of a residential or
non - residential building or the elevation to which a
non - residential building has been flood- proofed, for
all buildings constructed in the Regulatory
Floodplain.
3. Maintain for public inspection and provide copies
upon request of; base flood data and maps , variance
documentation, Conditional Letters of Map Revision,
Letters of Map Revision, Letters of Map Amendment,
elevation and floodproofing certificates, other
watershed development permit related materials,
available "as- built" elevation and floodproofing
records for all buildings constructed subject to the
provisions of this ordinance.
4. SMC will compile information from the Certified
Communities to maintain a "Master" map displaying the
development location and file reference number of all
Watershed Development Permits.
-84-
5. Copy to SMC, at agreed -upon intervals, but no later
than a 5 -year period, specified portions of the
watershed development permit records.
M. The Enforcement Officer shall notify adjacent upstream and
downstream communities, the SMC, and IDOT /DWR in writing 30
days prior to the issuance of a permit for the alteration or
relocation of a channel in a Regulatory Floodplain.
-85-
1�
APPENDIX F
PUBLIC BODIES OF WATE IN .ARE COUNT
The following public bodies of water were navigable in their natural
condition or were improved for navigation and opened to public use.
The entire length and surface area in Illinois, including all
backwater lakes and sloughs open to the main channel or body of water
at normal flows or stages, are open to the public.
1) Lake Michigan
2) Fox River (Illinois River Basin)
3) Fox Chain -O -Lakes (Lake and McHenry Counties): Bluff lake,
Lake Catherine, Channel Lake, Fox Lake, Grass Lake, Lake Marie,
Nippersink Lake, Dunns Lake, Pistakee Lake, Lake Jerilyn, Lac
Louette, Redhead Lake;
The following public bodies of water are navigable waters that were
dedicated to public use. This list is incomplete. It is believed
there are numerous channels and slips in subdivisions on the margins
of public bodies of water which have been dedicated by plat.
Additional channels and slips have been dedicated by common law.
1) Petite Lake, Spring Lake and connecting channels between Bluff
Lake and Fox Lake in Lake County.
-86-
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APPENDIX G .
|DOT /DWR DAM SAFETY PERMITTING GUIDELINES
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APPENDIX H
PARTIAL LIST OF PERMITS REQUIRED (WHEN APPLICABLE)
FOR DEVELOPMENT IN LAKE COUNTY
United States Army Corps of Engineers
Illinois Department of Transportation, Division of Water
Resources
Illinois Department of Transportation, Division of Highways
District #1
Illinois Environmental Protection Agency
Lake County Soil and Water Conservation District
Lake County Health Department
Lake County Division of Transportation
Community /County Building Permits
Illinois Department of Conservation
Illinois Historical Preservation Agency
United States Fish and Wildlife Agency
-88-
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