THE VILLAGE OF HOMER GLEN WILL COUNTY, ILLINOIS ORDINANCE NUMBER 09-003 THE VILLAGE OF HOMER GLEN WATER RESOURCE MANAGEMENT ORDINANCE JAMES P. DALEY, Village President GALE SKROBUTON, Village Clerk MARCIA DE VIVO RUSSELL KNAACK CHRISTOPHER LOCACIUS MARY NIEMIEC MARGARET SABO LAUREL WARD Trustees Published in pamphlet form by authority of the President and Village Clerk of the Village of Homer Glen on 02/10/09. Ordinance 09-003 1 WATER RESOURCE MANAGEMENT ORDINANCE VILLAGE OF HOMER GLEN, ILLINOIS ORDINANCE NO. 09-003 TABLE OF CONTENTS 100.0 Authority and Short Title 6 101.0 Authority 6 102.0 Short Title 6 200.0 Purpose and Definitions 6 201.0 Purpose of this Ordinance 6 202.0 Definitions 8 300.0 Applicability and Exceptions 28 301.0 Applicability 28 302.0 Exceptions 28 400.0 Site Development Permit 32 401.0 Review and Approval 33 402.0 Expiration of Permit 33 403.0 Retention of Plans 34 500.0 Appeals 34 600.0 Variance 35 601.0 Application for Variance 35 602.0 Application Fee 35 603.0 Public Hearing 35 604.0 Granting of Variances 36 605.0 Floodway & Floodplain Variances 36 605.1 Floodway Variances 37 605.2 Floodplain Variances 37 606.0 Recommendations 38 607.0 Decision 38 608.0 Conditions 38 Ordinance 09-003 2 700.0 Liability 39 800.0 Abrogation and Greater Restrictions 39 900.0 Reserved 39 1000.0 Submission Requirements 40 1001.0 Minimum Submission Requirements 40 1002.0 Basic Submission Requirements 40 1003.0 Advanced Submission Requirements 43 1004.0 Additional Submission Requirements……………………………………..44 1100.0 Inspections and Enforcement 45 1101.0 Inspections During Construction 45 1102.0 Final Inspection 45 1103.0 Routine Inspections 45 1104.0 Record Drawings (As-Built Plans) 45 1105.0 Stop-Work Order: Revocation of Permit 46 1106.0 Penalty 47 1107.0 Enforcement 48 1200.0 Reserved 48 1300.0 Stormwater Management Items 49 1301.0 Drainage Plan Submission Requirements 49 1302.0 Minimization of Increases in Runoff Volumes & Rates 49 1303.0 Water Quality and Multiple Uses 49 1304.0 Design Criteria, Standards, and Methods 50 1305.0 Detention in Flood Fringe Areas 56 1306.0 Protection of Wetlands and Depressional Storage Areas 57 1307.0 Extended Detention Requirement 59 1308.0 Street, Parking Lot, Culvert, and Property Drainage 60 1309.0 Infiltration Requirements 61 1310.0 Safety Consideration 63 1311.0 Maintenance Considerations 64 Ordinance 09-003 3 1312.0 Natural Conditions, Soils 64 1313.0 Accommodating Flows from Upstream Tributary Areas 64 1314.0 Regional Detention 65 1315.0 Early Completion of Detention Facilities 66 1316.0 Maintenance Responsibility 66 1317.0 Fee-In-Lieu of Detention 67 1400.0 Soil Erosion and Sediment Control Items 68 1401.0 Stormwater Pollution Prevention Plan Submittal Requirements 68 1402.0 Design and Operation Standards and Requirements 69 1403.0 Handbooks Adopted by Reference 69 1404.0 Maintenance of Control Measures 70 1405.0 Inspection 70 1406.0 Certified Agent Training and Certification 71 1407.0 Special Precautions 72 1408.0 Amendment of Plans 72 1500.0 Stream and Wetland Protection Items 73 1501.0 Applicability 73 1502.0 Effect on Other Permits 73 1503.0 General Provisions: Area Affected 73 1504.0 The Lowland Conservancy Overlay District 74 1505.0 The Lowland Conservancy Overlay District Boundary 74 1506.0 Minimum Setback from Streams, Lakes, Ponds, & Wetlands 74 1507.0 Stream and/or Wetland Site Development Plan 76 1508.0 Reserved 77 1509.0 Requirements for Wetland Delineation 77 1510.0 Hydrologic Controls/Drainage Control Plan 78 1511.0 Site Grading and Excavation Plan 78 1512.0 Native Vegetation Buffer Strip Required: Vegetation & Revegetation Landscape Plan 79 1513.0 Watercourse Relocation and Minor Modifications (including Channelization & Relocation) 80 1514.0 Conditions and Restrictions for Permitting Watercourse Modification 81 1515.0 Required Content of Watercourse Modification/Relocation Plan 81 1516.0 Criteria for Permitting Armoring of Channels and Banks 82 Ordinance 09-003 4 1517.0 Criteria for Permitting the Use of Culverts 82 1518.0 Compensatory Mitigation 82 1519.0 Impact Assessment 87 1520.0 Stream Maintenance Easement 87 1600.0 Floodplain Items 88 1601.0 General Requirements for Floodplain Items 88 1602.0 Duties of the Enforcement Official(s) 88 1603.0 Base Flood Elevation 90 1604.0 Occupation and use of Flood Fringe Areas 91 1605.0 Occupation and use of Designated Floodways 93 1606.0 Occupation and use of SFHA Areas Where Floodways are not Identified 108 1607.0 Permitting Requirements Applicable to all Floodplain Areas 113 1608.0 Other Development Requirements 116 1700.0 Repealer 117 1800.0 Separability 117 1900.0 Effective Date 117 Appendix A 118 Ordinance 09-003 5 NOW, THEREFORE, BE IT ORDAINED by the President and Village Board of Trustees of the Village of Homer Glen, Will County, Illinois, as follows: 100.0 Authority and Short Title 101.0 Authority This ordinance is enacted pursuant to the village’s home rule power and the police powers granted to the village by 65 ILCS 5/1-2-1, 5/7-4-4, 5/11-12-12, 5/11-30-2, 5/11-30-8, 5/11-31-2, 5/11-111.1-1 and 5/11-104.1 102.0 Short Title This Ordinance shall be known and may be cited as the Village of Homer Glen Water Resource Management Ordinance. 200.0 Purpose and Definitions 201.0 Purpose of this Ordinance It is the purpose and intent of this Ordinance to: Promote the health, safety, and general welfare of the present and future residents of Village of Homer Glen and downstream drainage areas. This shall be accomplished through the preservation and enhancement of the quality of surface waters and the wise utilization of water and land resources; Promote effective, equitable, acceptable, and legal Stormwater Management measures by establishing reasonable rules and regulations for development; Guide, regulate, and control the design, construction, use, and maintenance of any development or other activity which disturbs or breaks the topsoil or otherwise results in the movement of earth on land situated in Homer Glen; Provide for the protection, preservation, proper maintenance, and use of Village of Homer Glen watercourses, lakes, ponds, floodplain, and wetland areas; Maintain the Village of Homer Glen’s eligibility in the National Flood Insurance Program; Manage and mitigate the effects of urbanization on stormwater drainage throughout the Village of Homer Glen through planning, appropriate engineering practices and proper maintenance; Protect from, and reduce the existing potential for, loss of human life, health, safety and property from the hazards of flooding damages on a watershed basis by preserving storm and flood water storage capacity; Preserve and enhance the natural hydrologic and hydraulic functions, balance, and natural characteristics of watercourses, floodplains, and groundwater to protect or improve water quality, protect aquatic habitats, reduce flood damages, reduce soil erosion, provide recreational and aesthetic benefits, and enhance community and economic development by storing and providing for infiltration of wet-period runoff in floodplains and wetlands and releasing it slowly to the stream; Ordinance 09-003 6 Control sediment and erosion in and from stormwater facilities, developments, agricultural fields, and construction sites; Reduce, protect, and repair streambank and shoreline erosion; Require that planning for development provide for water resource management, taking into account natural features such as vegetation, wildlife, waterways, wetlands, and topography in order to reduce the probability that new development will increase flood or drainage hazards to others or create unstable conditions susceptible to erosion; Maintain and enhance the aesthetic qualities of developing areas; Protect environmentally sensitive areas and areas of special recreation, scenic, or scientific interests from deterioration or destruction by private or public actions; Protect fish spawning, breeding, nursery, and feeding grounds; Require appropriate and adequate provision for site runoff control, especially when the land is developed with a large amount of impervious surface; Require the design and evaluation of each site Stormwater Management plan consistent with watershed capacities; Encourage the use of stormwater storage and infiltration of stormwater in preference to stormwater conveyance, including maintaining natural runoff conveyance systems, which minimizes the need for major storm sewer construction and drainage way modification and improves water quality by filtering and storing sediments and attached pollutants, nutrients, and organic compounds before they drain into streams or wetlands; Lessen the taxpayers’ burden for flood-related disasters, repairs to flood-damaged public facilities and utilities, and flood rescue and relief operations; Minimize conflicts and incompatibilities between agricultural and urban drainage systems and maintain agriculture as a viable and productive land use; Allow the use of simple technologies whenever appropriate and realistic, but require the use of more sophisticated techniques when necessary to ensure the adequacy of stormwater controls; Meet the requirements of 616 ILCS 5/18g Rivers, Lakes and Streams Act; Make federally subsidized flood insurance available for property in the Village by fulfilling the requirements of the National Flood Insurance Program; Comply with the rules and regulations of the National Flood Insurance Program codified as 44 CFR 59-79, as amended; Encourage the continued economic growth and high quality of life of Village