O-15-34VILLAGE OF DEERFIELD ILLINOIS
ORDINANCE NO. 2015 -34
AN ORDINANCE ADOPTING BY REFERENCE OF THE LAKE COUNTY
WATERSHED DEVELOPMENT ORDINANCE
ADOPTED BY THE
PRESIDENT /MAYOR AND BOARD OF TRUSTEES
OF THE
VILLAGE OF DEERFIELD ILLINOIS
THIS 7" DAY OF DECEMBER, 2015.
PUBLISHED IN PAMPHLET FORM BY THE AUTHORITY OF THE PRESIDENT /MAYOR
AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD ILLINOIS,
THIS 7thDAYOF DECEMBER,2015.
ORDINANCE NO. 2015 - 34
AN ORDINANCE ADOPTING BY REFERENCE OF THE LAKE COUNTY
WATERSHED DEVELOPMENT ORDINANCE
WHEREAS, the County of Lake, pursuant to the powers granted to it by 55 ILCS 5/5- 1062,
adopted the Lake County Watershed Development Ordinance on or about October 13, 2015, effective
October 13, 2015, establishing rules and regulations for floodplain and stormwater management
throughout the County of Lake and superseding any less restrictive municipal rules and regulations
therein; and,
WHEREAS, the President/Mayor and Board of Trustees of the Village of Deerfield Illinois have
previously adopted Ordinances No.0- 93 -54, No. 0- 12 -35, and No. 0 -13 -34 which adopted by reference the
Lake County Watershed Development Ordinances; and,
WHEREAS, the County of Lake, pursuant to the powers granted to it by 55 ILCS 5/5 -1062,
adopted a resolution approving amendments to the Lake County Watershed Development Ordinance on or
about October 13, 2015, effective immediately; and,
WHEREAS, the Mayor and Board of Trustees of the Village of Deerfield Illinois find it to be in
the best interests of the Village of Deerfield Illinois to require all development to meet, at least, the
minimum standards prescribed by the WDO to the fullest extent practicable; and,
WHEREAS, three copies of the Lake County Watershed Development Ordinance have been on
file in the Office of the Village Clerk of the Village of Deerfield Illinois, and available for inspection, for
not less than thirty (30) days.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village
of Deerfield, Lake and McHenry Counties, Illinois, as follows:
SECTION I: That there is hereby adopted by reference, as if fully set out herein, that certain
ordinance known as the Lake County Watershed Development Ordinance, approved as amended by the
County of Lake, State of Illinois, three copies of which have been, for a period of not less than thirty (30)
days prior to the effective date hereof, and now are on file in the office of the Village Clerk.
SECTION II: That in the event that the rules, regulations, terms or conditions imposed pursuant
to the Lake County Watershed Development Ordinance are either more restrictive or less restrictive than
comparable rules, regulations, terms or conditions imposed by any other applicable rule, regulation,
resolution, ordinance, statute or law, then the most restrictive rules, regulations, terms or conditions shall
govern.
SECTION III: That Chapter 20 of the Village Code of the Village of Deerfield Illinois is
amended by deleting Paragraph 4 of Chapter 20, and replacing it with the following:
* * *: STORMWATER MANAGEMENT REGULATIONS:
The Lake County Watershed Development Ordinance, as most recently amended by the County of
Lake on October 13, 2015, is hereby adopted by reference and is in full force and effect within the
Village of Deerfield and is found in its own compilation.
SECTION IV: That all ordinances and resolutions, or parts thereof, in conflict with the
provisions of this Ordinance are, to the extent of such conflict, expressly repealed.
SECTION V: That this Ordinance shall be in full force and effect ten (10) days after its passage,
approval and publication in pamphlet form, as provided by law.
PASSED and approved by the Mayor and Board of Trustees
of the Village of Deerfield, Lake County, Illinois,
this 7s' day of December, 2015
APPROVED THIS 7th DAY OF DECEMBER, 2015;
Byo�� dL�--t�
MAYO
VILLAGE OF DEERFIELD ILLINOIS
ATTEST:
1
Village Herk
Page 1 of 2 County_ Board Approved WDO Amendments October 13, 2015
Administrative
WDO Re- formatting
Purpose: Under direction by the State's Attorney's Office, the WDO has been re- formatted. An improved
referencing system is used and certain sections have been re- located and aligned making the entire document
more user friendly, understandable, which can be quickly and logically referenced (for legal and general
application). No substantive changes are included in the re- formatted WDO. A section cross - reference table is
separately attached.
Administrative
WDO Amendment #1
Page 82 - Article V.B.
B.APPEALS
1. Any permit applicant aggrieved by the denial or conditions of a Watershed Development Permit, Earth
Change Approval, Conditional Approval, or Variance by a Certified Community's Enforcement Officer
may request review thereof by the Certified Community's board of elected officials or the appropriate
body within 30 days of the disputed act or actions.
2. Any permit applicant aggrieved by a permit decision, the denial or conditions of a Watershed
Development Permit, Earth Change Approval, Conditional Approval, or Variance by the SMC Chief
Engineer may request review thereof by the SMC Director within 30 days of the disputed act or
actions.
3. Any permit applicant aggrieved by a permit decision, the denial or conditions of a Watershed
Development Permit, Earth Change Approval, Conditional Approval, or Variance by the SMC Director
may appeal it to the SMC by written notice filed with the SMC Director within 30 days of the disputed
act or actions.
Purpose: Clarify standard administrative process for SMC- reviewed permits and approvals.
Administrative
WDO Amendment #2
Page 87 - Article VII.F.
(il F. The SMC may enforce violations of this Ordinance in accordance with the Lake County
Administrative Adjudication Ordinance.
Purpose: Improve compliance efficiencies using the Administrative Adjudication process as an additional
compliance tool. Staff have conferred with the Lake County State's Attorney's Office and determined that an
Ordinance amendment is necessary in order for SMC to use the process.
WRegulatory Program \Certificafion\2015\WD0 Adoption Information \County Board Approved WDO Amendments.do"
Page 2 of 2 County Board Approved WDO Amendments October 13 2015
WDO Amendment #3
Page 99 - Appendix A: Definitions
Isolated Waters of Lake County: All waters such as lakes, ponds, streams (including intermittent
streams), farmed wetlands, and wetlands that are not under U.S. Army Corps of Engineers jurisdiction. The
limits of the Isolated Waters of Lake County extend to the ordinary high water mark or the delineated wetland
boundary.
a. The following are excluded from Isolated Waters of Lake County, as determined
by the Enforcement Officer.
(1) Excavations and impoundments that have received a permit from the
appropriate jurisdictional authority.
(2) Excavations and impoundments permitted by right, prior to being a
regulated activity, within 40% or more non - hydric soils. Areas
designated as'water' as depicted on the Soil Survey of Lake County,
SCS, 1970 are determined as either hydric or non - hydric soils by
connecting adjoining soil boundaries to create complete polygons of
the depicted soil type.
(3) Wetlands created incidental to construction grading on development
sites. that have reGemyed a Watershed Development permit or
(4) Roadside ditches.
b. The following shall not be considered as meeting the exclusion criteria in a.
above:
(1) All areas meeting the definition of high - quality aquatic resources.
(2) Wetland mitigation areas created to meet the requirements of this
Ordinance or Section 404 of the Clean Water Act.
(3) Wetland areas created or restored using public funds.
Purpose: Per legal review, clarify determination is made by EO. For a.(3) record retention policies vary among
units of government and documents are not always kept, available, or easily obtained. EO has discretion to make
a determination that the wetland was "created" due to construction grading on a development site.
FEMA/NFIP Map Updates
WDO Amendment #4
Pages 108 -116 — Appendix C: FEMA Flood Insurance Study Maps and Profiles
(SEE WDO APPENDIX C)
Purpose: Modify FEMA map effective dates and panel numbers
U: \Regulatory Program \Certification\2015\WDO Adoption Information \County Board Approved WDO Amendments.docx