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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 � � J 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 -6- 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 -7- 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 -8- 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 -9- r 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. -10- 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 -11- •a 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. -12- 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. -13- 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 -14- + ` 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 -15- r 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 -16- % 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. -17- 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 -18- 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 -19- 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. -20- s 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. -21- l � 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. -22- 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. -23- 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. -24- ' 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: -25- I 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 -26- 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 -27- 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 -28- 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 -29- 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 -30- 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 -31- 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 -32- 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 -33- 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 -34- 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 -35- 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 -36- 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. -37- 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 -38- 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. -39- ff 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. -40- 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, -41- 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 -42- 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 -43- 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 -44- 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. -45- 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 -46- 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, -47- 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. -48- • 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. -49- 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 -50- 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. -51- 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; -52- 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. -53- 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. -54- 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 -55- 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 -56- 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 -57- 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. -58- 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: -59- 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- � � � � � Q � 5W • � . APPENDIX G . |DOT /DWR DAM SAFETY PERMITTING GUIDELINES co g . L ■_ t7 ■0 2 r a z k2 � S. § § § 0 2 c 2 ■ 2 § 7■ _ a a Lu 2 4= 2 CL E0 - e V1 z ■ �oo t, 2 a ' a z �§ k/��� I ■ 2 a � � �� ��� § �k Cc>g & ■s =9 CL Z 1 cc oli2 &= c E E cc E 2 § Lu c.9ICOO —cm 5 _2 a 2 � _ W 2 2 0 I� wv� w Go « Lu c § /� 22� j "a c c§ 0 8 ■ o ■ 2J z� ' 2 -0 2§ C ■ > ■ c 0� co 0 Eo [� J J§ 7� 2�2 t§ § a §$�a $a / %§� ��. e o $ § o ro ■ 2 CL CL X'� I �� §� �0 �k k S \_0 § U § c o n�� - ■ § g 2 _m C $ T � § v § -e m .3 r 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- PLAT pF AN NEXATION Ta THE VILLAGE QF DE ERFIELD ILLINOIS. ,`-'i i I P N P II P, t: I I f,AS I Hl k pk', I NOR] F k, N, NORN ()N 111Y ' � 1 " i, MTR ()f- sj\11) !'�'k S ROAD; fHFWJ, A 1AM SAII!Nl)`.K"� A C I P F N N N G 'I H R FE S !"O"S" A! 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